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Penn Law Journal: the New Digital Divide PENN LAW JOURNAL UN IVERSITY of PENNSYLVANIA FALL 2010 VOLUME 45, NUMBER 2

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Penn Law Journal: the New Digital Divide PENN LAW JOURNAL UN IVERSITY of PENNSYLVANIA FALL 2010 VOLUME 45, NUMBER 2 et al.: Penn Law Journal: The New Digital Divide PENN LAW JOURNAL UN IVERSITY OF PENNSYLVANIA FALL 2010 VOLUME 45, NUMBER 2 The Music Bar page 22 Un-Common Lawyers page 30 Breaking New Ground page 39 Published by Penn Law: Legal Scholarship Repository, 2014 1 Penn Law Journal, Vol. 45, Iss. 2 [2014], Art. 1 Penn Law Journal has gone green. As a green publication, we will only use paper and choose printers who meet certified environmental practices. In doing so, we will contribute to conservation efforts and act as good stewards of the environment. {"\ This publication was printed on recycled paper that meets •fi the EPA standard with 15% post consumer waste fiber. o Green Seal certified o Green-e® certified o Made with wind-generated electricity o Acid free and arch ival o Elemental chlorine free MIX J;j Paper from FSC ro$pons1ble sources --w·~ FSC" C011936 https://scholarship.law.upenn.edu/plj/vol45/iss2/1 2 et al.: Penn Law Journal: The New Digital Divide PENN LAW JOURNAL FEATURES The New Digital Divide 14 BY MA RK E YER LY Good bye Gutenberg, Hello e-bo oks. T here's a lot to so rt out with the advent of electron ic pu blishing. Should au thors a nd publishers mai ntain excl usive rights across pl atforms? O r should in fo rmatio n he unencumbered and set free? R. Bruce Rich L'73 and 1\ lichael Boni L'88 are doing much of t he sorting, and coming to very d ifferent conclusions. The Music Bar 22 BY PAU L JAB LOW, N I COLE PENSIERO , LARRY TEI T ELBAUM , AN D JIM WARKU LWIZ T here's vocation, avocation and syncopation. Excuse Elizabeth Coleman, Stephen Goodman, Jon H oulon and El McMeen fo r blu rring the lines between work and pla r. Each is an accomplished musician and, well, lawyers in their spare ri me. Call each ful l-Hedged members of rhe Music Ba r. Un-Common Lawyers 30 B Y A I S H A MOHAMM ED AND NANCY RASMUSSEN T his summer, as they do every year, almost I 00 students descended o n campus to get a JUill p o n the school year. Rut this is no refresher cou rse. The st udents were learning the fundamemals of American law and getting familia r with a new culture. All in prepara tion for Jn intense o ne-yea r course o f study, end ing in an LL:VI degree. :V1cer rwo o f them: H umira Noorcsta ni and Ya nqing (May) Liang. Breaking New Ground 39 On a sun-splashed day in j uly several benefactors donned hard hats <l nd stuck shovels into rhe ground ro mark the beginning o i construction o n Golkin H a ll, rhe new b uilding to replace Pepper H a ll. Come Ja nuary 2 01 2 the Law School will ha ve completed the final stage in a decade-long makeover. DEPARTMENTS A Message from the Dean 3 The Brief 4 Graduation/ Reun ion 34 Faculty News and Publications 37 The Campaign for Penn Law 39 Alumni Briefs 41 In Memoriam 49 Case Closed 52 Published by Penn Law: Legal Scholarship Repository, 2014 3 Penn Law Journal, Vol. 45, Iss. 2 [2014], Art. 1 PENN LAW JOURNAL SPRING 2010 VOLUME 45, NUMBER 1 EDITOR Larry Teitelbaum DESIGN Warkulwiz Design Associates CONTRIBUTING WRITERS Wa lter Campbell Kristin Ekert Mark Eyerly Paul j ablow Aisha Mohammed Nicole Pensiero Nancy Rasmussen PHOTOGRAPHY CREDITS Greg Benson Mark Eyerly Jill Iacovelli Matt Pilecki Sam Stuart Stuart Watson EDITORIAL ASSISTANT j ulia Harte Matt Pilecki jim Warkulwiz VIEW THE PENN LAW JOURNAL ONLINE AT www.law.upenn.edu/alumni/alumnijournal :)I r? ·~ F ~ fo r publ ication with A Quick Click KEEP IN TOUCH Send news and photos by traditional mail and e-mail to the attention of the Editor. CORRECTIONS Every effort has been made to ensure accuracy in this j ournal. We offer our sincere apologies for any typographical errors or omissions. Please forward any corrections to the attention of: Larry Teitelbaum, Editor, Penn Law j ournal University of Pennsylvania Law School 3400 Chestnut Street, Philadelphia, PA 19104-6204 l- ' ) •"' (215) 573 7182 ( (215) 573 2020 EDITOR E ~ ''. a [email protected] LAW SCHOOL. EB"'TE www.law.upenn.edu The University of Pennsylvania values dive rsity and seeks talented students, faculty and staff from diverse backgrounds. The University of Pennsylvania does not discriminate on the basis of race, sex, sexual orienrariont re ligion, color, national or ethinic origin, age, disability, or status as a Vietnam Era Veteran or disabled veteran in the administration of educational policies, programs or acri virics; admissions policies; scholarship and loan awards; athletic or other University administered programs or emplo)•mcnt. Questions or complaints regarding this pol icy should be directed to: Executive Director, Office of Affirmative Action and Equal Em ployment Programs, 3600 Chestnut Street, Sansom Place East, Suire 228, Philadelphia, PA 19 104·6106 or (215) 898 6993 (Voice) or (215) 898 7803 (TDD). https://scholarship.law.upenn.edu/plj/vol45/iss2/1 4 et al.: Penn Law Journal: The New Digital Divide A MESSAGE FROM THE DEAN LAST FEBRUARY former U.S. Solicitor General Seth Waxman visited the law school to speak a bout the breakneck pace of technology - nearly 500,000 patent applications were fi led in the United States in 2008 - and what it means for intellectual property law. In a fascin ating and learned lecture, he spoke about the tensions between innovation and infringement, antitrust restric­ tions and intellectual property law, predicting that these and other thorny IP issues wi ll fall to the Supreme Court if Congress fai ls to act, creating an entirely new field of law. His address got me thinking about how much has changed in this fie ld since l attended law school. When I went to law school thirty years ago, our vision of property was quite traditional. I thoroughly enjoyed learning the rules of perpetuities, vesting leases and so forth. H owever, I MICHAEL A. FITTS Dean and Bernard G. Segal recognize that it all seems antiquated now. And this in the space of one generation! No longer Professor of Law do we think of property in solely physical terms. Today, the realm of property covers ideas and technology that could not have been imagined then. In this new digital age, lawyers, academics and even law school deans must consider a host of new questions about what constitutes property, and how to protect it. With that in mind, we are devoting many pages in this issue to a broad discussion of e-books and what they portend fo r IP law. I often note that our alumni are leaders. And that holds true in this emerging field. The main subjects of our story - R. Bruce Rich L'73 and M ichael Boni L'88 - have been involved in and on opposite sides of some of the most important digital-related copyright cases in recent years. They do not agree on much, but both believe that there is no need to rewrite IP laws. Both think it is better for content providers to adapt to new conditions. In this, the publishing industry has a footprint to fo llow, or rather, a busi ness model to avoid. Record companies paid a literal price for the prevalence of piracy, which led to the closing of retail music stores, a proli feration of lawsuits, and a campaign to stop illegal downloading. In this issue, however, we focus more on the pleasures of music rather than the mistakes of the music industry, featuring four alumni who are serious musicians as well as se rious lawyers, demonstrating, again, that our graduates possess many talents. In parting, we note the passing of Noyes Leech C'43, L'48 and Liz Ke lly HOM '85. Noyes and Liz made an indelible impact on the Law School. A man of rich intellectual gifts, Noyes was a pio­ neer in international law. He trained hundreds of Penn Law students and in many ways embedded himself into the culture here. With indefatigable energy, Liz spearheaded the effort to bui ld Biddle Law Library. It does not bear her name, but it bears her imprint. Farewell. Published by Penn Law: Legal Scholarship Repository, 2014 3 5 Penn Law Journal, Vol. 45, Iss. 2 [2014], Art. 1 THE BRIEF LAW SCHOOL NEWS & EVENTS most patent and copyright issues are left to the courts, accord­ Rapid Technological ing to Waxman. With the courts, judges decide some issues and juries decide others, but there is a "steady undercurrent of mis­ Change Thrusts I P Law t rust" about the ability of juries to decide complex infringement to the Forefront suits, he said. On the production side, Waxman said, nobody knows how INTELLECTUAL PROPERTY LAW is nothing new in the much incentive to provide IP innovators. Too much incentive United States - Congress passed its first patent statute in 1790 leads to an overcrowded market, but roo little can make in­ - but it is "more consequential today than ever before," de­ novation not worthwhile. One factor affecting this balance is clared Seth Waxman during his Segal Lecture last February. whether rights can be enforced in practice. Copyright owners Waxman, former U.S. solicitor general, outlined some of the " increasingly find themselves playing whack-a-mole," he said. central questions surrounding IP law: Who should decide diffi­ As a result, companies often resort to private measures to avoid cult questions of law and policy? How should innovation be en­ infringement, such as using couraged, and infringemenr encryption technology to be remedied ? How should IP protect their property.
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