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Fighting over Words: Language and Civil Law Cases

Roger W. Shuy

Published in print:
2008
Published Online:
May 2008
ISBN:
9780195328837
eISBN:
9780199870165
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195328837.001.0001
Subject:
Linguistics, Sociolinguistics / Anthropological Linguistics

Everybody fights about something or other and language is usually at the very center of the conflict. We use language as we fight our battles, but when the dispute is over what is said or how it was ... More


A Book Is Turned into a Pamphlet: St. Martin's Press and Robert Sikorsky v. Vickers Petroleum Corporation

Roger W. Shuy

in Fighting over Words: Language and Civil Law Cases

Published in print:
2008
Published Online:
May 2008
ISBN:
9780195328837
eISBN:
9780199870165
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195328837.003.0013
Subject:
Linguistics, Sociolinguistics / Anthropological Linguistics

A 111-page book about how to increase gas mileage in cars was the alleged source of a one-page promotional piece widely distributed by an oil company. The author and publisher of the book brought a ... More


Less Dangerous Patents: A Framework for Relief

Michael A. Carrier

in Innovation for the 21st Century: Harnessing the Power of Intellectual Property and Antitrust Law

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195342581
eISBN:
9780199867035
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195342581.003.0010
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter begins by describing the problems posed by courts automatically granting injunctive relief in patent infringement cases. It discusses nonpracticing entities (often referred to as ... More


Edmund Curll, Bookseller

Paul Baines and Pat Rogers

Published in print:
2007
Published Online:
October 2011
ISBN:
9780199278985
eISBN:
9780191700002
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199278985.001.0001
Subject:
Literature, 18th-century Literature

Edmund Curll was a notorious figure among the publishers of the early eighteenth century: for his boldness, his lack of scruple, his publication of work without authors' consent, and his taste for ... More


Intellectual Property

Michael A. Carrier

in Innovation for the 21st Century: Harnessing the Power of Intellectual Property and Antitrust Law

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195342581
eISBN:
9780199867035
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195342581.003.0002
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter begins with an overview of patent and copyright law, offering a synthesis of the elements most important for innovation. It then explores justifications for intellectual property (IP). ... More


The Individual as Infringer

John Tehranian

in Infringement Nation: Copyright 2.0 and You

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199733170
eISBN:
9780199894567
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199733170.003.0002
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter focuses on the individual as infringer by examining copyright law's formal take on an average day in the life of an ordinary individual. In so doing, it builds the case for rethinking ... More


Electronic Intellectual Property and Creative Knowledge Production

Robin Mansell and W. Edward Steinmueller

in Mobilizing the Information Society

Published in print:
1993
Published Online:
October 2011
ISBN:
9780198295570
eISBN:
9780191685149
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198295570.003.0008
Subject:
Business and Management, Information Technology, Innovation

Institutional and legal infrastructures are still subject to certain adjustments so that the development of information infrastructure and the move towards achieving an information society be ... More


Cartels in the European Union: Economics, Law, Practice 1

Massimo Motta

in Competition Policy in the EU: Fifty Years on from the Treaty of Rome

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566358
eISBN:
9780191722790
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566358.003.0005
Subject:
Economics and Finance, Public and Welfare, International

This chapter first analyses the economics of collusion, explaining what collusion is, what its main ingredients are, and which factors facilitate it. It then reviews the European Union's experience ... More


Isaiah 1 and the Covenant Lawsuit

H. G. M. Williamson

in Covenant as Context: Essays in Honour of E. W. Nicholson

Published in print:
2003
Published Online:
October 2011
ISBN:
9780199250745
eISBN:
9780191697951
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199250745.003.0019
Subject:
Religion, Biblical Studies

This chapter presents an essay on the notion that the opening chapter of the Book of Isaiah is in itself or is a part of the so-called ‘covenant lawsuit’. Though most scholars agree that this is a ... More


Constraining Rights and the Value of Status

F. M. Kamm

in Morality, Mortality Volume II: Rights, Duties, and Status

Published in print:
2001
Published Online:
November 2003
ISBN:
9780195144024
eISBN:
9780199870998
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195144023.003.0011
Subject:
Philosophy, Moral Philosophy

Examine the question of whether it is morally permissible to treat people in ways ruled out by the Principle of Permissible Harm (PPH; this was introduced in Ch. 7 and provides an account of certain ... More


How Copyright Has Been Captured and Why It Matters

Christina Bohannan and Herbert Hovenkamp

in Creation without Restraint: Promoting Liberty and Rivalry in Innovation

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199738830
eISBN:
9780199932702
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199738830.003.0007
Subject:
Law, Competition Law, Intellectual Property, IT, and Media Law

This chapter introduces the problem of special-interest influence and overbreadth in copyright law. Clearly Congress is stuck. Over the past few decades it has tended to listen only to rights holders ... More


A Theory of Copyright Harm

Christina Bohannan and Herbert Hovenkamp

in Creation without Restraint: Promoting Liberty and Rivalry in Innovation

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199738830
eISBN:
9780199932702
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199738830.003.0008
Subject:
Law, Competition Law, Intellectual Property, IT, and Media Law

This chapter examines the relationship between copyright law, the harm caused by others' uses of copyright material, and free expression. The United States has a very strong tradition of First ... More


Epilogue

Christina Bohannan and Herbert Hovenkamp

in Creation without Restraint: Promoting Liberty and Rivalry in Innovation

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199738830
eISBN:
9780199932702
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199738830.003.0015
Subject:
Law, Competition Law, Intellectual Property, IT, and Media Law

This chapter offers a few proposals for making the process of innovating more free and competitive. Among these are that the patenting process must reject more patent applications for lack of ... More


Infringement Nation: Copyright 2.0 and You

John Tehranian

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199733170
eISBN:
9780199894567
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199733170.001.0001
Subject:
Law, Intellectual Property, IT, and Media Law

Written on the occasion of copyright's 300th anniversary, this book presents an analysis of the history and evolution of copyright law and its profound impact on the lives of ordinary individuals in ... More


Naming and Branding

Karl Raitz

in Making Bourbon: A Geographical History of Distilling in Nineteenth-Century Kentucky

Published in print:
2020
Published Online:
September 2020
ISBN:
9780813178752
eISBN:
9780813178769
Item type:
chapter
Publisher:
University Press of Kentucky
DOI:
10.5810/kentucky/9780813178752.003.0019
Subject:
History, American History: 19th Century

Distilling’s nineteenth-century heritage is being pursued and reclaimed by contemporary distillers—in part for historical interest, and in part for marketing purposes—including reviving historical ... More


Protecting an Invention outside the Protecting Country

Marketa Trimble

in Global Patents: Limits of Transnational Enforcement

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199840687
eISBN:
9780199933013
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199840687.003.0010
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter analyzes the doctrines used to prevent the exploitation of inventions outside protecting countries. It examines the doctrines from a comparative perspective by drawing from legislation ... More


Limits of Protection under the Law of the Protecting Country

Marketa Trimble

in Global Patents: Limits of Transnational Enforcement

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199840687
eISBN:
9780199933013
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199840687.003.0011
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter analyzes the problems that patent holders face when they sue an entity that is outside the reach of the enforcement power of the court that adjudicates the patent infringement. The first ... More


Which Promises Bind?

David Owens

in Shaping the Normative Landscape

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199691500
eISBN:
9780191744938
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199691500.003.0011
Subject:
Philosophy, Moral Philosophy

We must distinguish two questions: (a) Does a promise bind? (b) Are we justified in breaking it? Promises made under duress or induced by deception do not bind. We should distinguish two accounts of ... More


Copyright and Other Property Rights

ERIC BARENDT

in Freedom of Speech

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199225811
eISBN:
9780191714139
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199225811.003.0007
Subject:
Law, Human Rights and Immigration

This chapter looks at the relationship of copyright to freedom of speech, but similar problems arise in other areas of law where property rights are recognised, whether under statute or at common ... More


Suspensions of In-Transit “Generic” Drugs: A Case Study of Competing Perspectives

Cynthia M. Ho

in Access to Medicine in the Global Economy: International Agreements on Patents and Related Rights

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195390124
eISBN:
9780199894536
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195390124.003.0011
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter analyzes an important current controversy under TRIPS while simultaneously providing another opportunity to show the impact and influence of competing patent perspectives. In particular, ... More


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