Open Source Textbooks: History and Recent Developments

On May 6, 2009, California Governor Arnold Schwarzenegger launched an initiative to make available free digital textbooks for high school students.  California's Secretary of Education, Glen Thomas, was responsible for ensuring that digital resources were available for use in high school math and science classes this September.  According to Governor Schwarzenegger, California's budget crisis motivated […]

Markey’s Third Strike? The Internet Freedom Preservation Act of 2009

On July 30, 2009, Massachusetts Congressman Ed Markey introduced a bill entitled Internet Freedom Preservation Act of 2009 ("Bill").  The Bill marks Markey's third attempt to legislate on network neutrality, this time attempting to put the onus on Internet service providers to upgrade their infrastructure rather than allowing them to degrade or block traffic.  This […]

Patent Application Filings: Fluctuations and Innovation

The current decline in patent filings at the United States Patent and Trademark Office ("USPTO") has been well documented on many prominent intellectual property blog sites.  In fact, according to a recent Patently-O blog entry, "new patent filings are down 16% so far in 2009."  This post examines the variability in the number of application filings in the United […]

Open Core Licensing: Arguments and Applications

Open core licensing, also known as commercial extensions, is a licensing regime that offers core components for free, but charges licensees for additional premium products.  The approach is a twist on the dual licensing approach where the vendor, as copyright holder, makes the source code freely available, but also offers the same code under a […]

The Principle of Net Neutrality: Arguments and Recent Developments

The principle of Net neutrality refers to the idea that data packets on the Internet should be moved impartially, without regard to content, destination or source.  In essence, it means that all Internet traffic should be treated equally and implies that an information network such as the Internet is most efficient and useful to the public when […]

Creative Commons Licensing: Types, Enforceability and Potential Problems

Creative Commons ("CC") is a non-profit corporation "dedicated to making it easier for people to share and build upon the work of others, consistent with the rules of copyright."  CC provides free licenses and other legal tools to mark creative work with the freedom the creator wants it to carry, so others can share, remix, […]

The Need for Weak IP Protection in the U.S. Fashion Industry

Despite the fact the enforcement of intellectual property rights in the United States fashion design industry, relative to other innovative sectors such as computing, music, television and film, may seem non-existent, fashion accounts for $200 billion in sales annually in the U.S.  Two prominent legal scholars, Kal Raustiala and Christopher Springman, have written a series […]

Is Online Censorship in China Weakening?

Currently, China has an estimated 70 million bloggers posting on a wide range of subjects.  In January, the country's number of internet users was estimated at 298 million, the most of any nation in the world.  Unfortunately, China's internet censorship is one of the most pervasive and sophisticated in the world.   Bloggers' freedom of expression […]

EU Consumer Protection Reform: Liability for Software Code

A recent proposal by European Commissioners Meglena Kuneva and Viviane Reding outlined a number of consumer protections relating to licensing agreements.  In the event that the proposal becomes law, software companies could be held liable for their code.  The directive requires that products, including software licensed under licensing agreements, be held to a higher standard […]

U.S. Stem Cell Patents and Considerations for Reform

On March 9, 2009, President Obama signed an executive order removing restrictions on federal funding for research involving embryonic stem cells.  Prior to the signing, he noted that the Federal government plans to vigorously support scientists who pursue stem cell research.  Stem cells are found in almost all multi-cellular organisms and are characterized by their […]