Friday, March 12, 2010
Leading British Judge Says Contradictory Legal Systems Have Led To Unpredictability, "Inhibiting Effects" on Free Expression, In UK
Thursday, March 11, 2010
ABC is reversing on its use of a two second clip in an investigative piece showing rapid acceleration in a Toyota. Reporter Brian Ross and Professor David Gilbert are discussing the phenomenon while Mr. Ross drives the Toyota, and the camera seems to zoom in on the car's dashboard, showing the acceleration while they discuss it. But the dashboard shown in the video is not the dashboard of the car Mr. Ross is driving at the time.
According to the article by the AP's David Bauder, ABC shot a video in a parked car because the parked car produced a steadier shot and defends its decision by saying the results were essentially the same when the car was driven. But Toyota believes the report is misleading, and some Toyota dealers reacted by pulling advertising from local ABC affiliates.
Wednesday, March 10, 2010
This article carefully peruses the pivotal theories in copyright, patent and "freedom of expression," including dichotomies of expression/idea, aesthetics/utility, invention/nature, method/idea. The finding is that the existent definition of expression, invention and method induces contradiction in case decisions, leaving thorny crux unsettled, especially in the tide of modern scientific and technological development. The author's philosophical research reaches that the traditional dichotomies are unfeasible in actuality, for the ubiquitous merger of the antithesis. The conclusion is that expression, invention or the method of communication is always merged with uncertain idea, or nature. This new theory provides an efficient approach for the current and impending puzzles in the intellectual property field, such as self-justification of the legal systems, randomized works in modern society, without toppling the existent intellectual property institution. Still, such a new theory puts forward some unsettled question for the future.
Download the paper from SSRN at the link.
Allen Rostron and Nancy Levin, University of Missouri (Kansas City) School of Law, Information for Submitting Articles to Law Reviews & Journals. Here is the abstract.
This document contains information about submitting articles to law reviews and journals, including the methods for submitting an article, any special formatting requirements, how to contact them to request an expedited review, and how to contact them to withdraw an article from consideration. It covers 195 law reviews. The document was fully updated in March of 2010.
This article (re)tells the as yet-untold story of copyright in Mandate Palestine. It is a story about the introduction of copyright law in one region, beginning a century ago: the Ottoman province that became Palestine under the British rule (1917-1922) and a Mandate (1922-1948), and then Israel (1948). The account provides an early case of legal globalization through colonialism (although Palestine was a Mandate, not a colony). The imposition of copyright law in Palestine enables us to observe the difficulties of applying an uninvited legal transplant and to trace its dynamics.
The discussion queries the fate of copyright law in Mandate Palestine from two perspectives. First, the Colonial-Imperial point of view: I will ask "why that then", i.e., why did the British government impose copyright law in the newly administered territory only a month after the establishment of the civil administration in the summer of 1920 and then replaced it in 1924. The answers are to be found in the general imperial agenda, its Palestine agenda, as well as the nature of copyright and additional reasons. Second, from the local point of view, I will trace the first steps of copyright law within the Hebrew community and especially within the literary circle in the 1920s.
The discussion is located within several frameworks. The first is that of globalization and legal transplants. Copyright law today is at the forefront of the battle on globalization. Copyright features high on the agenda of those nations that push for stronger legal protection and for more enforcement measures in the name of free trade, private property as well as harmonization and unification. The new global copyright regime imposes foreign concepts on countries which are not always interested in these legal formulas. While copyright law was first introduced in the region by the Ottoman Empire in 1910, it was the 1911 (British) Imperial Copyright Act, applied to Palestine in 1924 (with a precursor in 1920), alongside a Copyright Ordinance that left their mark in the long run. Here, I focus on the non-Orthodox Jewish Zionist Hebrew community, known as the Yishuv. The article examines the literary field.
A second framework of the discussion is the interaction between law and social norms. This framework is a subset of the previous, globalization one, as copyright law was foreign and the social norms were local. It took a while for copyright law to be absorbed in the region and for the notion of a legal protection for intangible creative works to resonate within the local community. One main goal of the article is to point out this slow absorption and seek for explanations. This does not mean that there were no local copyright-related needs. There were such needs. The legal issues that bothered the literary field concerned the author-publisher relationship, attribution, the integrity of the work and international transactions. However, the answers to these problems were not found in the law but rather in private ordering, namely contracts and social norms.
Tuesday, March 9, 2010
Monday, March 8, 2010
Clark Hoyt discusses the resignation of former New York Times business reporter Zachary Kouwe. Once again, the Kouwe affair embroiled the Times in questions about its ability to police its own. Says Mr. Hoyt,
Though Kouwe was gone the next day, questions remain: How did his serial plagiarism happen and go undetected for so long? Why were warning signs overlooked? Was there anything at fault in the culture of DealBook, the hyper-competitive news blog on which Kouwe worked? And, now that the investigation is complete, what about a full accounting to readers?
As Mr. Hoyt notes, online journalism poses its own problems in addition to those it inherits from traditional journalism. How does the press deal with those?