U.S. Supreme Court Citation
Kiobel v. Royal Dutch Petroleum Co.,
133 S.Ct. 1659 (2013)
(citing 40 Geo. Wash. Int’l L. Rev. 841 (2009))
Anita Ramasastray and Jane Winn
This spring, two Law, Technology & Arts Group faculty members had their works cited in court decisions- one by the U.S. Supreme Court and another by the California Supreme Court.
An article co-authored by LTA Professor Anita Ramasastry was cited in a concurring opinion authored by Justice Breyer in Kiobel v. Royal Dutch Petroleum Co., 133 S.Ct. 1659 (2013), involving the Alien Tort Statute. Justice Breyer’s concurrence favorably cited Robert C. Thompson, Anita Ramasastry, & Mark B. Taylor, Translating Unocal : The Expanding Web of Liability for Business Entities Implicated in International Crimes, 40 Geo. Wash. Int’l L. Rev. 841-902 (2009), to support the proposition that individuals harmed by particularly heinous international crimes, such as piracy and genocide, may have a cause for civil damages in the criminal proceeding.
Jane Winn, meanwhile, had her article Clash of the Titans: Regulating the Competition between Established and Emerging Electronic Payment Systems, 14 Berkeley Tech. L.J. 675-709 (1999) cited in Apple, Inc. v. Superior Court, 56 Cal.4th 128, 292 P.3d 883 (2013).
The California Supreme Court said this about Winn in the Apple opinion:
Jane K. Winn (the Charles I. Stone Professor of Law at the University of Washington School of Law) has written numerous academic publications on electronic commerce and is considered a leading international authority in that field. In the article cited above, Professor Winn observes that merchants who accepted credit cards as payment in mail-order and telephone order transactions developed “sophisticated security systems ... to keep fraud and error losses to a minimum” (Winn, supra, at p. 688), thus accommodating the desire of these merchants to conduct business remotely.”
In addition to the recent UW Law faculty successes, two previous Intellectual Property LL.M. students have had articles cited by the Federal Circuit. See MySpace, Inc. v. GraphOn Corp., 672 F. 3d 1250, 1261 n. 19 (Fed. Cir. 2012) (citing Zhe (Amy) Peng et al., A Panacea for Inequitable Conduct Problems or Kingsdown Version 2.0? The Therasense Decision and a Look into the Future of U.S. Patent Law Reform, 16 Va. J.L. & Tech. 373-99 (2011)); In re Bilski, 545 F.3d 943, 1003 n. 6 (Fed. Cir. 2008) (citing Joy Y. Xiang, How Wide Should the Gate of “Technology” Be? Patentability of Business Methods in China, 11 Pac. Rim L & Pol’y J. 795-828 (2002)).
New Global IP Book
Intellectual Property in
Common Law and Civil Law
(Toshiko Takenaka ed., Edward Elgar 2013)
Intellectual Property in Common Law and Civil Law (Toshiko Takenaka ed., Edward Elgar 2013).
Professor Toshiko Takenaka’s latest publication collects world-renowned intellectual property scholars to explore their perspectives on some of the most pressing IP issues from the perspective of both common law and civil law systems. IP in Common Law and Civil Law adds to Takenaka’s existing contributions as one of UW Law’s most prolific scholars. She has been published throughout the world in English, Japanese, and German. Under Takenaka’s guidance, comparative common law and civil law IP studies have become a hallmark of legal education at UW for both the J.D. and IP LL.M. curriculum.
Scholars contributing to Takenaka’s book include Marty Adelman, Theo Bodewig, Gail Evans, Mario Franzosi, Shubba Ghosh, Sang Jo Jong, Jan Krauβ Krauß, Mary LaFrance, Amy Landers, Salil Mehra, Signe Naeve, Frédéric Pollaud-Dulian, Christoph Rademacher, Yves Reboul, Brad Sherman, Joseph Straus, Mira Sundara Rajan, Toshiko Takenaka, and Marketa Trimble.
Open Source Software Licenses
Enforcing Open Source Software Licenses:
The MDY Trio’s Inconvenient Complications,
14 Yale J. L. & Tech. 106-37 (2011)
Enforcing Open Source Software Licenses: The MDY Trio’s Inconvenient Complications, 14 Yale J. L. & Tech. 106-37 (2011).
Professor Gomulkiewicz has been writing about the Open Source software movement since 1999 when he observed that licensing is the “unnoticed legal force behind open source.” A 2002 article which identified multiple “bugs” in Open Source licenses helped to provide the impetus and a roadmap for a wave of Open Source license revisions that took place in the following decade, including GPL 3.0. Following publication of GPL 3.0, he wrote one of the first detailed analyses of the new license. He also discussed the proliferation of Open Source licenses and whether it represents helpful diversity or hopeless confusion. One of Professor Gomulkiewicz’s most influential articles on Open Source discussed Jacobsen v. Katzer, 535 F.3d 1373 (Fed. Cir. 2008), in which the Federal Circuit enforced an Open Source license for the first time. That article, and a follow-on piece published in the wake of three important Ninth Circuit licensing cases, analyzed how the distinction between license conditions and contractual covenants affects enforcement of critical Open Source license terms such as the obligation to “share alike.”
One of Professor Gomulkiewicz’s most innovative projects was to draft his own Open Source license—the Simple Public License (SimPL)--and to obtain approval of the SimPL from the Open Source Initiative. This experience allowed him to illuminate many aspects of Open Source culture that were previously unexplored in the law review literature. The SimPL also serves as a model of plain language license drafting that teaches lessons for all license agreement drafters.
Character Copyright Article
Fixing Copyright in Characters: Literary Perspectives on a Legal Problem,
35 Cardozo L. Rev. (forthcoming 2013)
Fixing Copyright in Characters: Literary Perspectives on a Legal Problem, 35 Cardozo L. Rev. (forthcoming 2013).
Zahr Said joined the UW Law faculty just two years ago and she is already making her mark. Said has assumed leadership roles on the UW Law Executive Council, is a member of the AALS IP Executive Committee, and has been an integral component of the Ph.D. Program at the law school. Said has also set herself apart as an emerging copyright scholar, by combining her Ph.D. in Comparative Literature from Harvard University with her legal scholarship.
Her most recent piece, forthcoming in the Cardozo Law Review, explores a current challenge in both copyright and trademark jurisprudence: the scope of IP protection for characters. In the past two to three years alone, Said notes, major cases have been brought, or resolved, based on Harry Potter, The Hobbit, Betty Boop, Sherlock Holmes, and Holden Caulfield of The Catcher in the Rye. In her article, Said argues that an interdisciplinary approach to protection for characters can shed light on the existing doctrinal confusion. “Literary history, theories, and texts demonstrate that the very factors that gave rise to characters’ centrality to modern literature may be the factors that make protecting them independently under copyright difficult,” according to Said.
Other Recent LTA Faculty Publications
M. Ryan Calo, Code, Nudge, or Notice?, Iowa L. Rev. (forthcoming)
M. Ryan Calo, Against Notice Skepticism in Privacy (and Elsewhere), 87 Notre Dame L. Rev. 1027-72 (2012).
M. Ryan Calo, Robots and Privacy, in Robot Ethics: The Ethical and Social Implications of Robotics 187-202 (Patrick Lin et al. eds., MIT Press 2012).
Robert W. Gomulkiewicz, Software: Law and Its Application (Aspen Casebook Series, forthcoming 2013).
Xuan-Thao N. Nguyen, Robert W. Gomulkiewicz & Danielle M. Conway, Intellectual Property, Software, and Information Licensing: Law and Practice (Cum. Supp. 2012 BNA Books).
Robert W. Gomulkiewicz, Fostering the Business of Innovation: The Untold Story of Bowers v. Baystate Technologies, 7 Wash. J. L. Tech. & Arts 445-66 (2012).
Robert W. Gomulkiewicz, Clarifications and Complications in Enforcing Open Source Software Licenses, in Research Handbook on Intellectual Property Licensing 76-98 (Jacques de Werre ed., Edward Elgar Publishing 2013).
Signe H. Naeve
Signe H. Naeve, Trade Dress, in Intellectual Property in Common Law and Civil Law 224-47 (Toshiko Takenaka ed., Edward Elgar 2013).
Signe H. Naeve, Chief Judge Rader’s Material Contribution to Geographic Indicator Analysis, 7 Wash. J.L. Tech. & Arts 467-99 (2012).
Sean M. O’Connor, Methodology: Art, Science, Technology, Law, and the Means of Innovation (forthcoming Oxford University Press 2013)
Sean M. O’Connor & Mikyung Kim [or Mikyung Kim & Sean M. O’Connor], Biotechnology Law: Case Study Approach to Commercialization Issues (forthcoming Aspen Law & Business 2013)
Sean M. O’Connor, Taking, Tort, or Crown Right? The Confused Early History of Government Patent Policy, 12 J. Marshall Rev. Intell. Prop. L. 145-204 (2012)
Sean M. O’Connor, Transforming Professional Services to Build Regional Innovation Ecosystems, in Megan Carpenter ed., Innovation and Entrepreneurship in Evolving Economies: The Role of Law 48-62 (Edward Elgar Publishing, Ltd. 2012)
Sean M. O’Connor, The Real Issue Behind Stanford v. Roche: University Patent Assignment Policies and the Flawed Legacy of the 1947 Biddle Report, 19 Mich. Telecomm. & Tech. L. Rev. (forthcoming 2013)
Ted Sichelman & Sean O’Connor, Patents as Promoters of Competition: The Guild Origins of Patent Law in the Venetian Republic, 49 San Diego L. Rev. 1267-82 (2012).
Sean M. O’Connor, Hired to Invent vs. Works Made for Hire: Resolving the Inconsistency Among Rights of Corporate Personhood, Authorship, and Inventorship, 35 Seattle U. L. Rev. 1227-46 (2012).
Zahr Said, Fixing Copyright in Characters: Literary Perspectives on a Legal Problem, 35 Cardozo. L. Rev. (forthcoming 2013).
Zahr Kassim Said, Only Part of the Picture: A Response to Professor Tushnet’s Worth a Thousand Words, 16 Stan. Tech. L. Rev. 349-68 (2013).
Zahr Said, Incorporating Literary Methods and Texts in the Teaching of Tort Law, 3 Calif. L. Rev. Circuit 170-81 (2012).
Zahr Said, Mandated Disclosure in Literary Hybrid Speech, 88 Wash. L. Rev. (forthcoming 2013).
Zahr Said, Advertising, The International Encyclopedia of Digital Communication and Society (Wiley-Blackwell, forthcoming 2013) (6,000 word entry).
Chiteki Zaisanhô No Rironteki Tankyu [In Depth Analysis of Intellectual Property Law] (Ryu Takabayashi, Toshiko Takenaka & Ryoichi Mimura eds., Nihon Hyôronsha 2012).
Chiteki Zaisanhô No Kokusaiteki Kôsaku [ International Perspective of Intellectual Property Law] (Ryu Takabayashi, Toshiko Takenaka & Ryoichi Mimura eds., Nihon Hyôronsha 2012).
Chiteki zaisanhôgaku No Rekishiteki Chôkan [Historical Perspective of Study of Intellectual Property] (Ryu Takabayashi, Toshiko Takenaka & Ryoichi Mimura eds., Nihon Hyôronsha 2012).
Chiteki zaisanhô No Jitsumuteki hatten [ Developments in the Practice of Intellectual Property Law] (Ryu Takabayashi, Toshiko Takenaka & Ryoichi Mimura eds., Nihon Hyôronsha 2012).
Toshiko Takenaka, Serious Flaw of Employee Invention Ownership under the Bayh-Dole Act in Stanford v. Roche: Finding the Missing Piece of the Puzzle in the German Employee Invention Act, 20 Tex. Intell. Prop. L.J. 281-326 (2012).
Toshiko Takenaka, Chief Judge Rader’s Contributions to Comparative Patent Law, 7 Wash. J.L. Tech. & Arts 379-404 (2012).
Toshiko Takenaka, Has the United States Adopted a First-to-File System Through America Invents Act?: A Comparative Law Analysis of Patent Priority under First-Inventor-to-File, 2012 Gewerblicher Rechtsschutz und Urheberrecht Internationaler Teil [GBUR Int] 304-12 (abstract here).
Toshiko Takenaka, Beikoku wa hontô ni Amerika Hatsumeihô de sengan shugi ni ikôshita no ka : Sen hatsumeisha shutsugan seido (First-Inventor-to-File System) no hikakuhôteki bunseki [Is the United States Really Moving Toward a First to File System under American Invention Law?: A Comparative Law Analysis of the First to File System], 54 Law & Tech.29-43 (2012).
Toshiko Takenaka, Harmony with the Rest of the World? The America Invents Act, 7 J. Intell. Prop. L. & Prac. 4-7 (2012).
Jane K. Winn
Jane K. Winn, The Emerging Information Technology Governance Framework in the U.S., Sungkyunkwan J. Sci. & Tech. L. (forthcoming 2013).
Jane K. Winn, Can Privacy by Design Tame Big Data?, Sungkyunkwan J. Sci. & Tech. L. (forthcoming 2013).
Jane K. Winn, Precautionary Schemes, Eur. J. Risk Reg. (forthcoming) (reviewing The Reality of Precaution: Comparing Risk Regulation in the United States and Europe (Jonathan B. Weiner et al. eds., 2011) and David Vogel, The Politics of Precaution: Regulating the Environmental Risks in Europe and the United States (2012)).
Jane K. Winn, Governance of Global Mobile Money Networks: The Role of Technical Standards in Mobile Money in Developing Countries, 8 Wash. J.L. Tech. & Arts 197-244 (2013).
Jane K. Winn & Louis de Koker, Introduction to Mobile Money in Developing Countries: Financial Inclusion and Financial Integrity Conference Special Issue, 8 Wash. J.L. Tech. & Arts 155-63 (2013).
Jane K. Winn, The Cape Town Convention’s International Registry: Decoding the Secrets of Success in Global Electronic Commerce, 1 Cape Town Convention J. 25-51 (2012).
Jane K. Winn & Angela Zhang, China’s Golden Tax Project: A Technological Strategy for Reducing VAT Fraud, Peking U. J. Legal Stud. (forthcoming 2013).