Santa Clara Computer & High Technology Law Journal

Articles from Vol. 25, No. 1, November

A Bit Liable? A Guide to Navigating the U.S. Secondary Liability Patchwork
I. INTRODUCTION Since Napster heralded the advent of the peer-to-peer (P2P) file-sharing era almost a decade ago, a very public war has waged. Content owners have fought to hold P2P providers liable for the infringements of their users. Those providers...
Always Something New: Thoughts on the Journal's 25th Birthday
I was pleased when the Journal asked me to write something for this 25th anniversary issue. My first reaction was that it is nice to be remembered as the Journal's original faculty advisor during its creation and first four years of publication. I...
Copyright Law: The Last Five Years of Journal Coverage
Five years ago, I was asked to write an essay to celebrate the 20th anniversary of the Santa Clara Computer and High Technology Law Journal. In that essay, I surveyed the major developments in copyright law during the previous twenty years and documented...
Debugging Software Patents: Increasing Innovation and Reducing Uncertainty in the Judicial Reform of Software Patent Law
I. INTRODUCTION The issue of patentability and patent infringement are among the most contentious areas of intellectual property law. (1) Whereas attempts to reform patent law in Congress face a protracted and questionable fate, recent decisions...
Nuisance-Value Patent Suits: An Economic Model and Proposal
INTRODUCTION Today's corporate Chief Executive Officers and Chief Financial Officers are keenly aware of the threat that big-ticket patent infringement poses to the bottom line. However, they are not attuned to a smaller, yet significant threat...
Patentability of Human-Animal Chimeras
INTRODUCTION In Greek mythology, the chimera was a monster that breathed fire and had a lion's head, goat's body, and serpent's tail. (1) While this creature remains a thing of myth and legend, recent advances in biotechnology have allowed scientists...
Reconciling Contract Doctrine with Intellectual Property Law: An Interdisciplinary Solution
I. INTRODUCTION Courts, commentators, and practitioners have for too long viewed intellectual property law as a discrete discipline, without putting it into the proper theoretical context of general jurisprudence. Intellectual property law cannot...