The First Sale Doctrine and Digital Phonorecords

By: Bob Hyde This iBrief follows various phonorecord formats to illustrate the specifics of the First Sale doctrine as it applies to digital phonorecords. The author argues that the disposal of a digital phonorecord by means of distribution infringes an author’s exclusive right to reproduce the underlying musical work and this distribution is not subject to First Sale protection. Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0018

The Future of Database Protection in U.S. Copyright Law

By: Jennifer Askanazi, Glen Caplan, Dianne Descoteaux, Kelly Donohue, Darin Glasser & Emelio Mena In the recent British Horseracing Board case, the English High Court signaled a return to the “sweat of the brow” standard of copyright protection. Although recent attempts have been made in the United States to protect databases under this standard, this iBrief argues that the information economy is wise to continuing protecting this data through trade secret, State misappropriation and contract law until legislation is passed. Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0017

Software Disclosure and Liability Under the Securities Acts

By: Carl C. Carl Can a software company be liable under the securities laws when it sells securities without disclosing that it will not give free updates on current software as new technology makes them obsolete? What exactly must be disclosed and how does one say it without subjecting the company’s business practices to close scrutiny? The Eleventh Circuit recently applied the time-honored standard of meaningful cautionary language to software companies in finding that the disclosures of a software company were enough to avoid liability under the securities laws when the company provided meaningful cautionary language in their prospectus. Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0016

Where the Wild Wind Blows: Genetically Altered Seed and Neighboring Farmers

By: Jill Sudduth In March 2001, agro-business giant Monsanto won a victory in Canadian Federal Court over Saskatchewan farmer Percy Schmeiser. This case sets international precedent for appropriated seed cases and illustrates the primary concerns American courts must face as they consider Monsanto’s prosecution of 22 cases against American farmers. Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0015