H1 2013 Quick Links, Part 1 (IP)

By Eric Goldman and Jake McGowan Copyright * France is scaling back its three-strikes policy because “suspending Internet connections was incompatible with the French government’s hopes of spurring growth in the digital economy.”  Given its horrendous track record of anti-Internet regulations,…

Vermont Enacts The Nation’s First Anti-Patent Trolling Law (Forbes Cross-Post)

By Eric Goldman Efforts to crack down on patent trolling are escalating.  Just a couple of years ago, Congress passed a major amendment of the Patent Act (the America Invents Act) with the hope that it would curb some abusive…

Top Ten Internet Law Developments of 2012 (Forbes Cross-Post)

By Eric Goldman I’m pleased to share my list of top 10 developments of 2012: #10: The Push Towards Anti-Class Action Arbitration Clauses.  In 2011, the U.S. Supreme Court ruled in AT&T Mobility v. Concepcion that businesses may be able to adopt mandatory…

Q4 2012 Quick Links, Part 1 (IP Edition)

By Eric Goldman Copyright * Author’s Guild v. HathiTrust, 1:11-cv-06351-HB (SDNY Oct. 10, 2012). James Grimmelmann’s take. * Hillicon Valley: ‘Shell-shocked’ lawmakers shy away from online piracy in new Congress * Ars Technica: Voters boot three SOPA-sponsoring Hollywood allies from…

Let’s Stop Using the Term “Soft IP”

By Eric Goldman You may have heard–or even used–the phrase “soft IP.” I’m not a fan of it, and I think we should retire the term. The term “soft IP” is inherently ambiguous. Sometimes, people use “soft IP” to refer…

In Its Rush to Fix Patent Reform, Congress Didn’t Fix Its Biggest Error (Forbes Cross-Post)

By Colleen Chien and Eric Goldman Congress passed the Leahy-Smith America Invents Act (AIA) (S.23), commonly referred to as “patent reform,” in September 2011.  The AIA is widely acknowledged as the most important change to U.S. patent law since 1952.  The AIA…

How to Fix Software Patents (Forbes Cross-Post)

By Eric Goldman There has been a lot of angst about software patents, and I’ve already posted about some of the problems software patents create and some of the challenges trying to fix those problems.  Unfortunately, the rhetoric about software…

Two Challenges to Fixing Software Patents (Forbes Cross-Post)

By Eric Goldman Software patents play a huge–and controversial–role in our economy.  In a recent post, I explained some of the unique problems that software innovations pose to the patent system.  This post extends that discussion by exploring two structural…

The Problems With Software Patents (Forbes Cross-Post)

By Eric Goldman The U.S. patent system largely treats all innovations equally, but innovation often works quite differently in different industries.  In particular, the software industry differs from other major innovative industries–such as computer hardware and biotech/pharmaceuticals–in several key ways,…

Preview of Our “Solutions to the Software Patent Problem” Conference

By Eric Goldman On Friday, we’re having our big academic conference of the semester, “Solutions to the Software Patent Problem.” At the conference, experts will propose their ideas of how to fix software patents. Ultimately, we hope there will be…