DAVID H. WEBBER Boston University School of Law 765 Commonwealth
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Taking Intellectual Property Into Their Own Hands
Taking Intellectual Property into Their Own Hands Amy Adler* & Jeanne C. Fromer** When we think about people seeking relief for infringement of their intellectual property rights under copyright and trademark laws, we typically assume they will operate within an overtly legal scheme. By contrast, creators of works that lie outside the subject matter, or at least outside the heartland, of intellectual property law often remedy copying of their works by asserting extralegal norms within their own tight-knit communities. In recent years, however, there has been a growing third category of relief-seekers: those taking intellectual property into their own hands, seeking relief outside the legal system for copying of works that fall well within the heartland of copyright or trademark laws, such as visual art, music, and fashion. They exercise intellectual property self-help in a constellation of ways. Most frequently, they use shaming, principally through social media or a similar platform, to call out perceived misappropriations. Other times, they reappropriate perceived misappropriations, therein generating new creative works. This Article identifies, illustrates, and analyzes this phenomenon using a diverse array of recent examples. Aggrieved creators can use self-help of the sorts we describe to accomplish much of what they hope to derive from successful infringement litigation: collect monetary damages, stop the appropriation, insist on attribution of their work, and correct potential misattributions of a misappropriation. We evaluate the benefits and demerits of intellectual property self-help as compared with more traditional intellectual property enforcement. DOI: https://doi.org/10.15779/Z38KP7TR8W Copyright © 2019 California Law Review, Inc. California Law Review, Inc. -
Gretchen Bakke Curriculum Vitae
Gretchen Bakke curriculum vitae CONTACT: Integrative Research Institute on Transformations of Human-Environment Systems (IRI THESys) Humboldt- Universität zu Berlin, Unter den Linden 6, 10099 Berlin GERMANY [email protected]; www.bakkeconsolidated.org EDUCATION: Doctor of Philosophy, University of Chicago – Cultural Anthropology 2007 Master of Arts, Indiana University – Russian and East European Studies 1997 Bachelor of Arts, The Evergreen State College – Sovietology; Photography 1993 CURRENT POSITIONS: 2018-2020 Guest Professor, Chair of Social Anthropology, Institute for European Ethnology and Institute on Transformations of Human-Environment Systems, Humboldt University, Berlin 2018-2021 Anthropocene Working Group, Max Planck Institute for the History of Science, Berlin 2019- Section Editor, Systems and Futures, Public Books, New York, USA RESEARCH AND HONORARY AFFILIATIONS: 2020-2021 Honorary Research Fellow, School of Social Science, University of Aberdeen, Scotland UK 2019-2022 Status Professor, Anthropology, University of Toronto, Toronto Canada PREVIOUS POSITIONS: 2012-2020 Assistant Professor, Anthropology, McGill University, Montréal QC (on-leave 2018-2020) 2009-2010 Research Fellow, Science in Society Program, Wesleyan University, Middletown CT 2008-2009 Postdoctoral Fellow, Center for the Humanities, Wesleyan University, Middletown CT 2005-2007 Editorial Assistant/Staff Photographer, American Anthropological Assoc., Arlington VA 1999-2000 Editorial Assistant, Public Culture, Chicago IL 1998-1999 Research Assistant /Translator -
Martha L. Minow
Martha L. Minow 1525 Massachusetts Avenue Griswold 407, Harvard Law School Cambridge, MA 02138 (617) 495-4276 [email protected] Current Academic Appointments: 300th Anniversary University Professor, Harvard University Harvard University Distinguished Service Professor Faculty, Harvard Graduate School of Education Faculty Associate, Carr Center for Human Rights, Harvard Kennedy School of Government Current Activities: Advantage Testing Foundation, Vice-Chair and Trustee American Academy of Arts and Sciences, Access to Justice Project American Bar Association Center for Innovation, Advisory Council American Law Institute, Member Berkman Klein Center for Internet and Society, Harvard University, Director Campaign Legal Center, Board of Trustees Carnegie Corporation, Board of Trustees Committee to Visit the Harvard Business School, Harvard University Board of Overseers Facing History and Ourselves, Board of Scholars Harvard Data Science Review, Associate Editor Initiative on Harvard and the Legacy of Slavery Law, Violence, and Meaning Series, Univ. of Michigan Press, Co-Editor MacArthur Foundation, Director MIT Media Lab, Advisory Council MIT Schwarzman College of Computing, Co-Chair, External Advisory Council National Academy of Sciences' Committee on Science, Technology, and Law Profiles in Courage Award Selection Committee, JFK Library, Chair Russell Sage Foundation, Trustee Skadden Fellowship Foundation, Selection Trustee Susan Crown Exchange Foundation, Trustee WGBH Board of Trustees, Trustee Education: Yale Law School, J.D. 1979 Articles and Book Review Editor, Yale Law Journal, 1978-1979 Editor, Yale Law Journal, 1977-1978 Harvard Graduate School of Education, Ed.M. 1976 University of Michigan, A.B. 1975 Phi Beta Kappa, Magna Cum Laude James B. Angell Scholar, Branstrom Prize New Trier East High School, Winnetka, Illinois, 1968-1972 Honors and Fellowships: Leo Baeck Medal, Nov. -
1394 White Terrorism and Willful Ignorance
#1394 White Terrorism and Willful Ignorance JAY TOMLINSON - HOST, BEST OF THE LEFT: [00:00:00] During today's episode, I am going to be telling you about a new podcast I think you should check out. It's called Unf-ing the Republic, but they don't say f-ing. It'll help level up anyone's poliDcal arguing game. So hear me out mid-show, when I tell you more about it. And now, welcome to this episode of the award-winning Best of the LeI Podcast in which we shall learn about our long history of ignoring domesDc right-wing terrorism, from the Oklahoma City bombing through to the predictable acDons of miliDa groups in 2020 and beyond. Clips today are from the PBS News Hour, It's Been a Minute with Sam Sanders, Democracy Now!, AJ+, The David Pakman Show, the Washington Post, MSNBC and The Real News. Tracing the roots of the America's biggest domesKc terror aLack - PBS News Hour - Air Date 2-17-20 MAN: [00:00:47] There's heavy damage done. JEFFREY BROWN - HOST, PBS NEWSHOUR: [00:00:51] April 19, 1995. MAN: [00:00:56] About a third of the building has been blown away. JEFFREY BROWN - HOST, PBS NEWSHOUR: [00:00:56] A Ryder rental truck with 5,000 pounds of explosives ripped through the Alfred P. Murrah Federal Building in Oklahoma City; 168 people were killed, 19 children among them. WOMAN: [00:01:08] Who has come in here and done this terrible thing? BARAK GOODMAN: [00:01:12] I knew very liale of the story. -
Media and Corporate Governance1
NBER WORKING PAPER SERIES THE CORPORATE GOVERNANCE ROLE OF THE MEDIA Alexander Dyck Luigi Zingales Working Paper 9309 http://www.nber.org/papers/w9309 NATIONAL BUREAU OF ECONOMIC RESEARCH 1050 Massachusetts Avenue Cambridge, MA 02138 October 2002 We thank Mehmet Beceren for assistance in preparing the data and Rakhesh Khurana, Jay Lorsch, Forest Reinhardt, Richard Vietor, Andy Zelleke, and seminar participants at the Harvard Business School for helpful comments on an earlier draft. Alexander Dyck gratefully acknowledges financial support from the Division of Research of Harvard Business School and Luigi Zingales from the George Stigler Center at the University of Chicago. The views expressed herein are those of the authors and not necessarily those of the National Bureau of Economic Research. © 2002 by Alexander Dyck and Luigi Zingales. All rights reserved. Short sections of text, not to exceed two paragraphs, may be quoted without explicit permission provided that full credit, including © notice, is given to the source. The Corporate Governance Role of the Media Alexander Dyck Luigi Zingales NBER Working Paper No. 9309 October 2002 JEL No. G30 ABSTRACT In this paper we discuss the role of the media in pressuring corporate managers and directors to behave in ways that are “socially acceptable”. Sometimes this coincides with shareholders’ value maximization, others not. We provide both anecdotal and systematic evidence that media affect companies’ policy toward the environment and the amount of corporate resources that are diverted to the sole advantage of controlling shareholders. Our results have important consequences for the focus of the corporate governance debate and for the feasibility of reforms aimed at improving corporate governance around the world. -
Who Are the “Dreamers”? by Sofia Calleja • Page 1 Community Organizer
forsooth: (adv.) in truth, in fact, indeed (archaic) Volume 28, No. 7 A publicationFOR of the Louisville Chapter of the Fellowshipsooth of Reconciliation www.LouisvilleFOR.org November 2017 DACA. To qualify for DACA, individuals must have been under 31 years old as of WHO ARE June 15, 2012. Additionally, the applicant must provide THE documentation of their continuous presence in the United States as of June 15, 2007. DACA applicants are subjected “DREAMERS”? to rigorous FBI background checks. By Sofia Calleja Applicants who have committed a felony, any significant misdemeanor, three or For several weeks, the media has covered more minor misdemeanors, or failed to the president’s decision to rescind the show general good moral character will immigration program known as Deferred be precluded from the DACA program. Action for Childhood Arrivals (DACA). An additional requirement is the DACA was an Obama-era executive order attainment of a high-school diploma implemented because of Congress’ failure or GED. This requirement can be to pass any of the many versions of the alternatively satisfied by enlisting in DREAM act. The DREAM act and DACA the Coast Guard or Armed Forces. sought to protect undocumented people DACA does not grant access to any Tent city in Arizona, credit: Joe A. image source: http://theslot.jezebel.com/jane-sanders- who were brought to the United States as federally funded aids such as Medicaid visits-arizona-sheriff-joe-arapios-infamou-1764982008 or Medicare. This also means that children and have no other path to legal “good immigrant” rhetoric that makes Pardoning Joe Arpaio and then permanent residence or any other legal individuals protected under DACA who are striving for higher education do not a small demographic of the community rescinding DACA paints a picture people protection. -
Re Missing!: Local Podcast Explores Cultural Blindspots Nothing Missing with Tony (Left) and Matt (Right) Behind the Mic
SENE on Screen: The beloved film festival returns for its 13th year For more than a decade, the annual SENE (rhymes with scene) Film Festival has celebrated film, art and music, and this year’s festival, which takes place October 13 – 16, will screen 130 films from around the world. SENE was created by producing director Don Farias and artistic director Phil Capobres, who work to create a welcoming atmosphere for festival entrants and attendees. And their efforts paid off — for four years in a row, SENE was named one of the Top 50 Film Festivals Worth the Entry Fee by MovieMaker Magazine, one of the most respected voices in the film industry, and was rated one of the best reviewed festivals by FilmFreeway. The festival made its COVID comeback over the summer. “We were thrilled that we were able to host fun events for visiting filmmakers in June,” said Farias. “It’s the first time in over a year that the world felt almost normal. I was impressed with the attendance, especially since I was not sure if people were actually ready to leave their homes. It was nice to see the filmmakers meeting new friends at our networking events. Everyone was ready to collaborate and begin creating films again. We expect October to be bigger with more filmmakers attending.” SENE has been a powerful force in building community within the local film world, and while the festival receives films from all around the world, it makes a point to highlight all things local. The festival will kick off on Wednesday, October 13, with a special screening of local filmmaker Christian De Rezendes’ SLATERSVILLE, a much-anticipated episodic documentary on the 200-year history of the first industrialized mill village in the U.S., located in the heart of the Blackstone Valley. -
1407 Taking Back the Streets (Defunding the Police and the Sarah Everard Outcry)
#1407 Taking Back the Streets (Defunding the Police and the Sarah Everard Outcry) JAY TOMLINSON - HOST, BEST OF THE LEFT: [00:00:00] Welcome to this episode of the award-winning Best of the Le; Podcast in which we shall learn about the progress being made on the effort to reform and de-fund the police in America, as well as the re-ignited campaign to make society safe for women in the wake of the Sarah Everard murder in the UK. If you need a refresher or know someone who does, I highly recommend that you check out our episode from last year, it's number 1360 Redefine, Unburden, and #DefundThePolice to get a deep dive perspecTve on the defund the police movement. It's been less than a year since the concept entered mainstream consciousness, there's sTll plenty of misconcepTons about it. So make sure that you and everyone else you know, understands what people are actually talking about, not what some scaremongers would have you believe. And now onto the show clips today are from In The Loop, the PBS NewsHour, MTV Impact, the Ra:onal Na:onal, Ring of Fire Radio, the Telegraph, TyskySour, Channel 4 News, CNN UK, the Laura Flanders Show, and Into America. AusNn’s Plan To Defund The Police - In The LooP - Air Date 2-22-21 CHRISTIAN BRYANT - HOST, IN THE LOOP: [00:01:11] "Defund the police" became a super controversial slogan last year when it entered the mainstream, even a;er it was rejected by both Joe Biden, Donald Trump, and a long list of other poliTcal leaders. -
“From the Inside Out”
89 Market Street, 6th Floor | Newark, NJ 07102 | 973-643-1924 “FROM THE INSIDE OUT” A rep or t by the Prison Watch Community Oversight Initiative Issue 4 - September 2017 This is a community effort created by the voices inside. Guided by Program Director Bonnie Kerness (973-410-3978/ [email protected]). Lydia Thornton editor, with associate editors Jean Ross, Rachel Frome, Margeaux Biche, Marla Diaz, and Hassanah Smith. Dear Friends: This issue is dedicated to women and girls in the jails and prisons of New Jersey. Because there are fewer women (and even fewer girls) incarcerated, per capita, in our prison systems, their individual and family needs are often overlooked. It is often is assumed that their experiences are the same as those of their male counterparts. But in our experience, nothing could be further from the truth. For example, incarcerated women and girls are more likely than men to have suffered severe abuse, neglect, or exploitation from being trafficked or prostituted. -
A STUDY of TAXIS & Tncs in REGULATED ECONOMIES
UBERECONOMY: A STUDY OF TAXIS & TNCs IN REGULATED ECONOMIES By Sonny Romeo* Using a difference-in-differences (DID) regression, I examine the effects of Transportation Network Companies (TNCs) on yellow-cab rides, revenues, and distances. I analyze the regulatory environment of the ride-share market in New York City and compare the changes in ridership to that of Chicago. There is evidence that Uber has had a negative impact on the ridership of taxis in both cities. My analysis examines the period from January 1, 2015, to May 31, 2017, and uses categorical variables to define the effects of regulatory oversight. My treatment effect estimates show that the restriction of worker hours and an increase in regulatory oversight of TNCs has a statistically and economically significant effect on yellow-cabs; with an estimated 28.2% increase in rides per day, and 24% increase in gross fares per day. The magnitude of the treatment effect is, by proxy, indicative of the detriment regulatory reform has on TNCs. The transportation industry is constantly adapting to bring better service, faster deliveries, and lower costs. The most recent of these evolutions is Transportation Network Companies (TNCs), which operate by connecting riders and drivers through a phone application, the most popular examples being Uber and Lyft. These services have a competitive advantage in the for- hire-vehicle (FHV) industry due to lower costs, friendlier drivers, cleaner vehicles, and an easier payment method (Downes, 2014). The rise of Uber has led to a material decline in taxi revenues and medallion prices, showing its competitive significance (Bagchi, 2018). -
Director Compensation and the Management-Captured Board - the History of a Symptom and a Cure
SMU Law Review Volume 50 Issue 1 Article 9 1997 Director Compensation and the Management-Captured Board - The History of a Symptom and a Cure Charles M. Elson Follow this and additional works at: https://scholar.smu.edu/smulr Recommended Citation Charles M. Elson, Director Compensation and the Management-Captured Board - The History of a Symptom and a Cure, 50 SMU L. REV. 127 (1997) https://scholar.smu.edu/smulr/vol50/iss1/9 This Article is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in SMU Law Review by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu. DIRECTOR COMPENSATION AND THE MANAGEMENT-CAPTURED BOARD- THE HISTORY OF A SYMPTOM AND A CURE* Charles M. Elson** TABLE OF CONTENTS I. THE HISTORY OF DIRECTOR COMPENSATION .... 135 II. THE CONSEQUENCES OF THE PRESENT COMPENSATION SYSTEM ............................. 156 III. COMPENSATION AS THE CURE TO BOARD PA SSIV ITY ............................................... 164 IV. CONCLUSION ........................................... 173 he most significant problem facing corporate America today is the management-dominated, passive board of directors. A common occurrence in many of our largest corporations is that passive boards are responsible for excessive executive compensation and, more importantly, poor corporate performance.' The board, created to moni- *Copyright 1996 by Charles M. Elson. All rights reserved. ** Professor, Stetson University College of Law; Visiting Professor, Cornell Law School, Spring 1996; B.A., 1981, Harvard University; J.D., 1985, University of Virginia; Salvatori Fellow, The Heritage Foundation, Washington, D.C.; Member, National Associa- tion of Corporate Directors' Commission on Director Compensation. -
1 Gender and the Law Stories: Learning from the Longstanding Debate the Ruth Bader Ginsburg Lecture --- Feb. 7, 2011 Martha Mino
Gender and the Law Stories: Learning from the Longstanding Debate The Ruth Bader Ginsburg Lecture --- Feb. 7, 2011 Martha Minow1 To give a lecture named for Justice Ruth Bader Ginsburg to this august assembly is an extraordinary honor, and to do so in her company is simply a joy. Justice Ginsburg, your significance to my professional fields of civil procedure, constitutional law, and gender and the law is simply unparalleled. And your place in my own life includes pivotal encouragement as you joined the appellate bench and while I served as a clerked. Later, there was a memorable phone call telling me you nominated me to serve on the board of the American Bar Foundation—an affiliation that changed my research and my relationship with the bar. I will never forget your support as I decided to entitle an article, “Justice Engendered,” in the Harvard Law Review. Your example-- as a short, Jewish woman whose work opens the literal and professional doors I have been lucky enough to enter. Your repeated kindnesses mean more than I can ever say. 1 Dean and Jeremiah Smith, Jr. Professor, Harvard Law School. Thanks to Vicki Jackson, Josephine Minow, Nell Minow, Newton Minow, and Joe Singer for helpful comments, and to the many friends and students who helped with my in efforts in the related work published in Elizabeth Schneider and Stephanie Waldman, Women and the Law Stories (2011) and Martha Minow, In Brown’s Wake: Legacies of America’s Judicial Landmark (2010). 1 I want to take a moment to salute Marty, who I know loved this event and who remains a distinguished, beloved graduate of my school—and the chef of one of the few good meals I had while in Washington.