37. See James Boyle, "Intellectual Property Policy Online: A Young Person's Guide," Harvard Journal of Law & Technology 10 (1996): 47-112.
38. American Geophysical Union v. Texaco, 37 F.3d 882 (2nd Cir. 1994).
39. Los Angeles Times v. Free Republic, 2000 U.S. Dist. LEXIS 5669, 54 U.S.P.Q.2D 1453 (C.D. Cal. 2000).
40. eBay, Inc. v. Bidder's Edge, Inc., 100 F. Supp. 2d 1058 (N.D. Cal. 2000).
41. Kelly v. Arriba Soft, 336 F.3d 811 (9th Cir. 2003). After initially holding that while thumbnails were fair use, inline links that displayed pictures were not fair use, the court reversed itself and found fair use in both instances.
42. After a District Court issued a temporary injunction telling Static Controls that it must cease manufacturing generic toner cartridges that operated in Lexmark printers—indicating it was likely to be found to be violating the Digital Millennium Copyright Act's "anti-circumvention" provisions—the Appeals Court held that such cartridges did not in fact violate the DMCA. Lexmark International, Inc. v. Static Control Components, Inc., 387 F.3d 522 (6th Cir. 2004).
43. Madey v. Duke Univ., 307 F.3d 1351 (Fed. Cir. 2003), cert. denied, 539 U.S. 958 (2003).
44. "When scientists from Princeton University and Rice University tried to publish their findings [on the vulnerabilities in a copy protection scheme] in April 2001, the recording industry claimed that the 1998 Digital Millennium Copyright Act (DMCA) makes it illegal to discuss or provide technology that might be used to bypass industry controls limiting how consumers can use music they have purchased. 'Studying digital access technologies and publishing the research for our colleagues are both fundamental to the progress of science and academic freedom,' stated Princeton scientist Edward Felten. 'The recording industry's interpretation of the DMCA would make scientific progress on this important topic illegal.' . . . "SDMI sponsored the 'SDMI Public Challenge' in September 2000, asking Netizens to try to break their favored watermark schemes, designed to control consumer access to digital music. When the scientists' paper about their successful defeat of the watermarks, including one developed by a company called Verance, was accepted for publication, Matt Oppenheim, an officer of both RIAA and SDMI, sent the Princeton professor a letter threatening legal liability if the scientist published his results." "EFF Media Release: Princeton Scientists Sue Over Squelched Research," available at http://w2.eff.org/IP/DMCA/Felten_v_RIAA/20010606_eff_felten_pr.h tml. After a First Amendment challenge to the relevant provisions of the DMCA, the threats were withdrawn.
45. See, e.g., Robert P. Merges, "As Many as Six Impossible Patents before Breakfast: Property Rights for Business Concepts and Patent System Reform," Berkeley Technology Law Journal 14 (1999): 615.
Notes: Chapter 4