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conferences
WHAT
IFS AND OTHER
ALTERNATIVE
INTELLECTUAL PROPERTY
AND
CYBERLAW STORIES
Michigan
State University College of Law
March
30-31, 2007
DESCRIPTION
Since
the emergence of intellectual property and cyberspace laws, there have
been many landmark court decisions and legal developments. One topic
that has yet to be explored in an academic conference is what might have
happened had history been developing in a different direction. How would
the entertainment industry and the consuming public have fared had the
U.S. Supreme Court found Sony contributorily liable for manufacturing
videotape recorders? What would today's U.S. biotechnology industry be
like had Diamond v. Chakrabarty been decided differently? Would
the Internet be the same if the constitutionality of the Communications
Decency Act were upheld in Reno v. ACLU? What might have happened
to the international intellectual property system had the
nineteenth-century anti-patent movement prevailed? This conference
brings together intellectual property and cyberlaw scholars to explore
alternative stories about copyright, patent, trademark, cyberspace,
media, and international intellectual property law.
SCHEDULE
March
30, 2007
8:30 |
Breakfast
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9:00 |
Welcoming
Remarks
|
9:15 |
Opening
Storyteller:
"What
if every 'if only' statement were true?"
|
9:30 |
Free
Speech, Privacy and Virtual Reality
Moderator:
Storytellers:
"What
if pornography was not eligible for copyright protection?"
"What
if Samuel D. Warren's daughter had eloped?"
"What
if reality were pervasively augmented?"
"Free
Speech and Internet Pornography: What if Congress and the
Supreme Court had been tech Savvy in 1995?"
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11:00 |
Break
|
11:15 |
Patent
Law
Moderator:
Storytellers:
"What
if patents and patent applications weren't published until they
expired?"
"What
if economists ran the patent office"
"What
if Joe Meigs had written the nonobviousness statute?"
"What
if we relied on user innovation to produce business methods and
did away with business method patents?"
"What
if the GPL had been patented?"
"What
if you couldn't patent seeds?"
|
1:15 |
Luncheon
Keynote
Storyteller:
"Ignoring
Patents"
|
2:45 |
Copyright
Law I
Moderator:
Storytellers:
“What
if the Section 512 safe harbors for online service providers
had not been enacted?”
"What
if DRM fails?"
"What
if the anti-bootlegging statutes really are upheld under
the Commerce Clause?"
"What
if the WIPO Development Agenda is adopted?"
|
4:30 |
Coffee
Break
|
4:45 |
Copyright
Law II
Moderator:
Storytellers:
-
Robert
A. Heverly, Lecturer in Intellectual Property Law, Norwich Law
School, University of East Anglia
"What
if information was alive?"
"What
if trademarks weren't the ugly stepsisters of intellectual
property?"
"What
if the ancient Romans had invented the printing press? Justinian
copyright in the 21st century"
"What
if Goldstein v. California had been decided
differently?"
|
6:15
|
Friday
Sessions Adjourned
|
7:00 |
Dinner
Reception
Restaurant
Villegas
1735
Grand River Avenue, Okemos, MI |
March
31, 2007
8:30 |
Breakfast
|
9:00 |
General
IP Law
Moderator:
Storytellers:
"What
if the stud does not function?"
"What
if we used IP rights to impede evil industries?"
"What
if WIPO did not exist?"
"What
if James Madison were to assess the intellectual property
revolution?"
|
10:30 |
Break
|
10:45 |
Copyright
Law III
Moderator:
Storytellers:
"What
if object code had been excluded from protection as a literary
work in copyright law?"
"What
if man never walked on the moon?"
"What
if copyright were really about authors?"
"What
if employees owned the copyrights in their works?"
|
12:30 |
Luncheon
|
2:00 |
Trademark
Law I
Moderator:
Storytellers:
"What
if trademarks were, after all, protected as property?"
"What
if trademark law focused on consumer search costs?"
"What
if eBay Inc. v. MercExchange, L.L.C. had been a trademark
case?"
|
3:45 |
Break
|
4:00 |
Trademark
Law II
Moderator:
Storytellers:
"What
if the Supreme Court Had Affirmed in Dastar?"
"What
if The Trademark Cases had been decided the other way?"
"What
if there were no First Amendment distinction between commercial
and noncommercial speech: would trademark law be
constitutional?"
"What
if comparative advertising were infringing?"
|
5:45 |
Closing
Remarks
|
6:00 |
Conference
Adjourned
|
6:30 |
Dinner
Reception
Dusty's
Cellar
1839
W Grand River, Okemos, MI |
CONFERENCE
FELLOWS
Prof.
M. Scott Boone
Appalachian
School of Law
Prof.
Deven Desai
Thomas
Jefferson School of Law
Prof.
Amy Landers
McGeorge
School of Law, University of the Pacific
Prof.
Oskar Liivak
Cornell
Law School
Prof.
William McGeveran
University
of Minnesota Law School
Prof.
Martine Courant Rife
Communication
Department, Lansing Community College
Prof.
Michael Risch
West
Virginia University College of Law
(beginning fall 2007)
Prof.
Joseph B. Rousseau
Entrepreneurship
Department, Northwood University
Prof.
David L. Schwartz
John
Marshall Law School
Prof.
Wendy Seltzer
Brooklyn
Law School
Prof.
Trevor Smedley
Faculty
of Computer Science, Dalhousie University
Prof.
Andrew W. Torrance
University
of Kansas School of Law
Katja Weckstrom
Visiting
Fellow, Chicago-Kent College of Law
WEB
LOG ENTRIES
43(b)log
by Rebecca Tushnet
Other
Entries
Derek
E. Bambauer
William
McGeveran
David
Levine
SYMPOSIUM
ISSUE AND OTHER PUBLICATIONS
2008
Mich. St. L. Rev. 1-433
Peter
K. Yu, What Ifs and Other Alternative Intellectual Property and
Cyberlaw Stories: An Introduction, 2008 Mich. St. L. Rev. 1
Kevin
W. Saunders, What If Every "If Only" Statement Were True?:
The Logic of Counterfactuals, 2008 Mich. St. L. Rev.
9
Mark
A. Lemley, Ignoring Patents, 2008 Mich. St. L. Rev.
19 Amy
Gajda, What If Samuel D. Warren Hadn't Married a Senator's Daughter?:
Uncovering the Press Coverage That Led to "The Right to Privacy,"
2008 Mich. St. L. Rev.
35 Cheryl
B. Preston, The Internet and Pornography: What If Congress and the
Supreme Court Had Been Comprised of Techies in 1995-1997?, 2008 Mich. St. L. Rev.
61 Jon
M. Garon, What If DRM Fails?: Seeking Patronage in the iWasteland and
the Virtual O, 2008 Mich. St. L. Rev.
103 Michael
Landau, What If the Anti-Bootlegging Statutes Are Upheld Under the
Commerce Clause?, 2008 Mich. St. L. Rev.
153 Susan
Corbett, What If Object Code Had Been Excluded from Protection as a
Literary Work in Copyright Law? A New Zealand Perspective, 2008 Mich. St. L. Rev.
173 Abraham
Drassinower, Authorship as Public Address: On the Specificity of
Copyright Vis-à-vis Patent and Trade-Mark, 2008 Mich. St. L. Rev.
199 Deborah
Tussey, What If Employees Owned Their Copyrights?, 2008 Mich. St. L. Rev.
233 Katherine
J. Strandburg, What If There Were a Business Method Use Exemption to
Patent Infringement?, 2008 Mich. St. L. Rev.
245 Greg
R. Vetter, Claiming Copyleft in Open Source Software: What If the
Free Software Foundation's General Public License (GPL) Had Been
Patented?, 2008 Mich. St. L. Rev.
279 Elizabeth
I. Winston, What If Seeds Were Not Patentable?, 2008 Mich. St. L. Rev.
321 Irene
Calboli, What If, After All, Trademarks Were "Traded in
Gross"?, 2008 Mich. St. L. Rev.
345 John
T. Cross, The Lingering Legacy of Trade-mark Cases, 2008 Mich. St. L. Rev.
367 Peter
Bowal & Christopher Bowal, What If . . . the Stud Does Not
Function?, 2008 Mich. St. L. Rev.
389 Liam
Séamus O'Melinn, What If James Madison Were to Assess the
Intellectual Property Revolution?, 2008 Mich. St. L. Rev.
401 M.
Scott Boone, The Past, Present, and Future of Computing and Its
Impact on Digital Rights Management, 2008 Mich. St. L. Rev.
413
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