Sale Doctrine Research Articles

The First Sale Doctrine and Public Library Provision of Print and Electronic Books

Abstract Libraries deliver the majority of US book consumption, and library costs are kept low by the first sale doctrine's guarantee that libraries can lend print books without additional compensation to publishers. However, publishers' decisions to restrict ebook access may threaten libraries. We measure impacts of holdings on circulation; and library holdings choices suggest that library managers value instances of ebook circulation more than print. We use a structural model of patron demand and library holdings to show that more restrictive print book terms would have ten times the negative patron welfare impact of an equivalent restriction on ebooks.

The Internet Archive and the National Emergency Library: Copyright Law and COVID-19

In the tradition of legal writing about landmark intellectual property cases, this paper provides an in-depth case study and analysis of an important copyright conflict during the COVID-19 crisis. The Internet Archive established the National Emergency Library to provide for access to knowledge for those who were unable to access their usual libraries, schools, and educational institutions. In response, four large publishers have brought a copyright lawsuit against the Internet Archive, alleging both direct copyright infringement, as well as secondary copyright infringement. The Authors Guild has supported this action. Fearful of litigation, the Internet Archive has decided to close the National Emergency Library earlier than it anticipated. The litigation raises a range of issues in respect of copyright infringement, the defence of fair use, library exceptions, digital lending, and intermediary liability. The conflict also raises questions about the operation of the first sale doctrine in the digital era. There are also divided views as to what, if any, remedies are appropriate in the case over the Internet Archive and the National Emergency Library. It is argued that there needs to better mechanisms under copyright law to enable access to knowledge in a public health crisis—such as the coronavirus outbreak. This case study makes a significant contribution to our understanding of the relationship between authors, publishers, and libraries in the digital age. It also provides an insight into copyright litigation—in particular, the role of amicus curiae submissions, and the nature and scope of copyright exceptions. This paper also raises larger considerations about the intersection of copyright law with larger concerns about access to knowledge, competition policy, and public health emergencies.

The First Sale Doctrine and the Digital Challenge to Public Libraries

The First Sale Doctrine and the Digital Challenge to Public Libraries

Intellectual Property in the New Technological Age: 2022 - Chapters 1 and 2

Rapid advances in digital and life sciences technology continue to spur the evolution of intellectual property law. As professors and practitioners in this field know all too well, Congress and the courts continue to develop intellectual property law and jurisprudence at a rapid pace. For that reason, we have significantly augmented and revised Intellectual Property in the New Technological Age. The 2019 Edition reflects the following principal developments: Trade Secrets: Congress passed the Defend Trade Secrets Act of 2016, one of the most momentous changes in the history of trade secret protection. The new law opens up the federal courts to trade secret cases, provides for ex parte seizures of misappropriated trade secrets in “extraordinary circumstances,” and establishes immunity for whistleblowers. Other recent developments address nonsolicitation agreements, the inevitable disclosure doctrine, and the enforceability of noncompetition agreements Patents: The past several years have witnessed some of the most significant developments in U.S. patent history—from the establishment of the new administrative review proceedings at the Patent Office to important shifts in patent-eligibility, claim indefiniteness, enhanced damages, and equitable remedies at the Supreme Court and means-plus-function claim interpretation and infringement doctrine at the Federal Circuit. IPNTA significantly expands coverage of design patents in response to the growing importance of this form of protection. ● Updated Section 102 discussion with time line illustrations explaining first-to-invent (1952 Act) and first-to-file (AIA) regimes; added note on corroboration of invention dates; update on Helsinn Healthcare v. Teva Pharmaceuticals USA, Inc., 139 S.Ct. 698 (2019) ● Updated Section 101 notes to reflect substantial new developments (Berkheimer, Aatrix, Vanda) and legislative reform efforts ● New section on Reassessing Patent Eligibility featuring Judge Lourie's concurrence in denial of rehearing en banc in Berkheimer ● Administrative Patent Review: Updated statistics on IPRs ● Note on Amgen Inc. v. Sandoz Inc., 923 F.3d 1023, 1029 (Fed. Cir. 2019) (doctrine of equivalents) ● Administrative Patent Review: Updated statistics on IPRs ● Design Patent: Updated note on apportioning damages to reflect remand of Samsung Electronics Co. v. Apple Inc. Copyrights:The Supreme Court issued important decisions addressing the useful article doctrine, public performance right and the first sale doctrine. The past few years also witnessed important developments in the Online Service Provider safe harbor, fair use, and state protection for pre-1972 sound recordings. We have also integrated the digital copyright materials into a unified treatment of copyright law and substantially revamped the fair use section to reflect the broadening landscape of this important doctrine. IPNTA2019 integrates the complex provisions of the Music Modernization Act of 2018. ● Originality: New problem on copyrightability of jokes based on lawsuit by comedy writer Alex Kaseberg against Conan O’Brien ● Update on copyright duration (1923 works now in the public domain) ● Note on cord cutting and Locast, a nonprofit local broadcasting service ● Update on DMCA exemptions ● New fair use problem based on Dr. Seuss Enterprises v. ComicMix ● Integration of new cases: Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, 139 S. Ct. 881 (2019) (registration must be made prior to filing suit); Revision Comm’n for General Assembly of Georgia v. Public.Resource.Org, Inc., 906 F.3d 1229 (11th Cir. 2018) (holding that “the People are the constructive authors of . . . official legal promulgations of government,” meaning that the works are intrinsically public domain material and, therefore, uncopyrightable), cert. granted, Georgia, et al. v. Public.Resource.Org, Inc. (2019)); Disney Enterprises, Inc. v. VidAngel, Inc., 869 F.3d 848 (9th Cir. 2017) (Family Entertainment and Copyright Act of 2005 is not a defense to anticirumvention provisions); Capitol Records, LLC v. ReDigi, Inc., 910 F.3d 649 (2d Cir. 2018) (rejecting digital exhaustion); BWP Media USA Inc. v. Polyvore, Inc., 922 F.3d 42 (2d Cir. 2019) (exploring the volition requirement); Rimini Street, Inc. v. Oracle USA, Inc., 139 S.Ct. 873 (2019) (scope of costs recoverable under Section 505) Trademarks: IPNTA2019 integrates important cases on federal registrability of disparaging marks, merchandising rights, likelihood of confusion on the Internet, and remedies. ● False Advertising: added MillerCoors, LLC v. Anheuser-Busch Companies, LLC, United States District Court, Western District of Wisconsin, 2019 WL 2250644 (2019) ● New problem based on Dr. Seuss Enterprises v. ComicMix (protectability) ● Integration of new cases: Iancu v. Brunetti, S. Ct. (June 24, 2019) (holding that FUCT, while vulgar, is registrable); Moldex-Metric, Inc. v. McKeon Prods., 891 F.3d 878 (9th Cir. 2018) (holding that aesthetic functionality must consider the availability of alternative designs); Beyonce Knowles-Carter v. Feyonce, Inc., 347 F. Supp. 3d 217 (S.D.N.Y. 2018) (denied summary judgment that “Feyonce” merchandise marketed to fiances would confuse consumers into thinking it was sponsored by the musician Beyonce); Gordon v. Drape Creative, Inc., 909 F.3d 257 (9th Cir. 2018) (application of the Rogers test).

Historical Dictionary of the American Music Industry by Keith Hatschek and Veronica A. Wells

Reviewed by: Historical Dictionary of the American Music Industry by Keith Hatschek and Veronica A. Wells Robert Willey Historical Dictionary of the American Music Industry. By Keith Hatschek and Veronica A. Wells. (Historical Dictionaries of Professions and Industries.) Lanham, MD: Rowman & Littlefield, 2018. [xxiii, 360 p. ISBN 9781538111437 (hardcover), $95; ISBN 9781538111444 (e-book), price varies.] Acronyms and abbreviations, chronology, appendixes, bibliography. [End Page 434] This reference book gives a broad overview of how the popular-music industry has evolved in the United States in the last 250 years and includes entries covering the practices, terminology, concepts, careers, and representative pioneers who have created music and brought it to the public. One in a series of historical dictionaries published by Rowman & Littlefield, this volume follows the same format as the Historical Dictionary of Librarianship, presenting subject terms in bold while indicating where to find synonyms or related terms, which makes it easy to scan the pages and locate what is of interest. This cross referencing is of special value. For example, the reader is directed to see “DJ” for information about “Deejays”, and to also read about the “First Sale Doctrine” in the entry on “Copyright.” The conciseness of the entries makes it a valuable supplement to textbooks on the subject, where indexes help locate pages that include terms, but which can then be slow to find the references providing the information that is desired. Readers have become used to searching for information on the internet, but this book saves time by collecting consistently high-quality results that won’t become outdated. While the book is intended to be a dictionary on individual subjects, the fact that the authors have also incorporated many interesting facts that are not covered elsewhere makes it enjoyable to read it in spurts from start to end. Like others in the series, this Dictionary begins with four pages of abbreviations and acronyms, which would be helpful for deciphering the language in contracts, for example. This is followed by a nine-page chronology of developments over a wide range of topics, including technology (radio, records, television, portable systems, networks), advertisers, festivals, and investors. I was happy to find many facts that a reader is unlikely to be aware of even if they are familiar with the field—for example, that the first commercial radio was installed in an automobile in 1930 and that the cast of Hair (which opened on Broadway in 1968) performed at the March on Washington. This timeline often reveals the synchronicity between multiple events in the same year. The next section is a thirty-two-page condensed history that provides an excellent overview of the music industry. A slower reading pace is required, since it packed with information, and many facts are delivered in succession without a lot of transitional passages. The authors begin with the colonial era and proceed through minstrelsy (where the pattern of cultural appropriation in American popular music of African American culture began), vaudeville, and how advances in printing, the expansion of the postal service, and affordable sheet music led to the rise of Tin Pan Alley publishers. Printed scores became less important as radio became popular, and the teen market created by baby boomers and advertising fueled the birth of rock and roll. Music popular with teenagers in the 1960s became mainstream; later festivals and corporations made it more of a commodity, and video made it a more visual medium. The drop in record sales in the last twenty years made live-performance revenue more important. The book was released just before the COVID-19 pandemic, making it a useful snapshot of the industry just before it began to increasingly shift to online experiences. The bulk of the work rests in the more than five hundred entries. The authors achieved a good balance between presenting information on individuals responsible for music and those instrumental for how it is sold. Readers on the outside of the industry will be more familiar with the names of artists and bands than those of record-label executives, managers, talent agents, [End Page 435] producers, inventors, promoters, and DJs who work behind the scenes. The focus is on the popular-music industry...

Why, in Light of COVID-19, Congress Should Legislate E-book Solutions

Five months into the 2019 novel coronavirus (COVID-19) pandemic, the American Library Association found forty-seven percent of the United States libraries were closed, and did not plan to reopen soon. COVID-19 has diminished or temporarily ended access to over 650 million physical books in communities across the United States. In response, libraries have offered electronic books (e-books) to the public through different models called pretend it is print (PIP), cost per circulation (CPC), and controlled digital lending (CDL). At the beginning of the pandemic, an organization called Internet Archive decided to offer 1.4 million free, unrestricted e-books to the public. As a result, four of the biggest publishers sued Internet Archive in the Southern District of New York. The publishers argue Internet Archive specifically engaged in copyright infringement, but have also launched an attack on the legality of the CDL model. This note argues that the publishers’ lawsuit against Internet Archive ought to make the CDL model illegal, but Congress also ought to intervene to make e-books more similar to physical books in the PIP and CRC model, by reducing publishers’ pricing and reforming e-books’ current restrictions to make them more similar to physical books.Part II provides a brief overview of United States copyright law, culminating in a discussion of topics that relate specifically to e-books: the first sale doctrine, a potential digital first sale doctrine, the rights and limitations copyright holders have today, and the fair use doctrine. While discussing these concepts, Part II will examine how copyright law applies differently to physical books than e-books. Also included in this section will be important case law like Capitol Records, Ltd. Liab. Co. v. ReDigi Inc., since it has implications on the Hachette Book Group, Inc. v. Internet Archive case.Part III will discuss the ongoing battle between libraries and publishers and how the e-book system is currently constructed. This section will discuss the different types of e-book lending models that libraries and publishers engage in, including the costs and restrictions associated with each model, and why publishers believe e-book lending by libraries unfairly takes away some of publishers’ profits. This section will also address how COVID-19 has impacted libraries and publishers. Part III ends by inspecting the facts around the Internet Archive case, including the controversial model Internet Archive operates in, known as CDL.Part IV will apply copyright law to the facts of Internet Archive. Part IV will conclude Internet Archive engaged in copyright infringement, and its use is not protected by the fair use doctrine. After discussing Internet Archive specifically, Part IV will turn its focus to the model Internet Archive operates in, known as CDL. This part will conclude the model as a whole constitutes copyright infringement, and its use is also not protected by the fair use doctrine. Thus, I will argue the publishers should, and will, prevail on their copyright infringement claim.After predicting the publishers will prevail in their lawsuit against Internet Archive, Part V will discuss solutions to make the remaining models, PIP and CPC, better. I will argue Congress should intervene to regulate the structure of e-book licenses to imitate physical books. However, these solutions are not meant to supplant the technology restrictions already in place by publishers and libraries to prevent piracy, in particular digital rights management (DRM) technology, and the one book, one user limitation. Congress should set e-book licenses to expire based on what type of book the physical version is, mandate the use of advanced technology to limit e-books’ accessibility, and provide that the first sale doctrine does not to apply to digital copyrighted works. By having Congress intervene to make e-books more like physical books, the hope is that publishers will recognize how e-books are similar to physical books, and lower the prices publishers charge libraries for e-books. This would create a more equitable e-book lending market where libraries are able to circulate more e-books through a lower cost, and publishers can to continue to profit off of their works.

디지털저작물의 재판매와 권리소진원칙에 관한 비교법적 검토

디지털저작물의 재판매와 권리소진원칙에 관한 비교법적 검토

Copyright, Pandemics, and Emergencies: When Desperate Times Dictate Contextual Responses

This article explores fair use, the library exception, the first sale doctrine, and controlled digital lending as responses to copyright in the context of permitting libraries to digitize materials existing exclusively in print in their collection for use in teaching, research and scholarship by students, faculty, and other patrons. Also included is a decision matrix to be employed as a tool for analysis

Controlled Digital Lending

Controlled digital lending is an intriguing model for libraries to make books available digitally. Building on fair use and the first sale doctrine, libraries digitize their print books, put the print books in dark storage, and lend one electronic copy for each print copy on a platform that prevents users from copying or redistributing electronic versions. The concept empowers libraries to digitize in-copyright books when there are no alternatives available in the e-book licensing market. AMBS Library experimented with a small pilot controlled digital lending collection using Internet Archive’s established digitization and controlled digital lending services. This session reported on the results of that experiment.

Intellectual Property's First Sale Doctrine and the Policy Against Restraints on Alienation

Intellectual Property's First Sale Doctrine and the Policy Against Restraints on Alienation

Intellectual Property in the New Technological Age: 2019 - Chapters 1 and 2

Rapid advances in digital and life sciences technology continue to spur the evolution of intellectual property law. As professors and practitioners in this field know all too well, Congress and the courts continue to develop intellectual property law and jurisprudence at a rapid pace. For that reason, we have significantly augmented and revised Intellectual Property in the New Technological Age. The 2019 Edition reflects the following principal developments: Trade Secrets: Congress passed the Defend Trade Secrets Act of 2016, one of the most momentous changes in the history of trade secret protection. The new law opens up the federal courts to trade secret cases, provides for ex parte seizures of misappropriated trade secrets in “extraordinary circumstances,” and establishes immunity for whistleblowers. Other recent developments address nonsolicitation agreements, the inevitable disclosure doctrine, and the enforceability of noncompetition agreements Patents: The past several years have witnessed some of the most significant developments in U.S. patent history—from the establishment of the new administrative review proceedings at the Patent Office to important shifts in patent-eligibility, claim indefiniteness, enhanced damages, and equitable remedies at the Supreme Court and means-plus-function claim interpretation and infringement doctrine at the Federal Circuit. IPNTA significantly expands coverage of design patents in response to the growing importance of this form of protection. ● Updated Section 102 discussion with time line illustrations explaining first-to-invent (1952 Act) and first-to-file (AIA) regimes; added note on corroboration of invention dates; update on Helsinn Healthcare v. Teva Pharmaceuticals USA, Inc., 139 S.Ct. 698 (2019) ● Updated Section 101 notes to reflect substantial new developments (Berkheimer, Aatrix, Vanda) and legislative reform efforts ● New section on Reassessing Patent Eligibility featuring Judge Lourie's concurrence in denial of rehearing en banc in Berkheimer ● Administrative Patent Review: Updated statistics on IPRs ● Note on Amgen Inc. v. Sandoz Inc., 923 F.3d 1023, 1029 (Fed. Cir. 2019) (doctrine of equivalents) ● Administrative Patent Review: Updated statistics on IPRs ● Design Patent: Updated note on apportioning damages to reflect remand of Samsung Electronics Co. v. Apple Inc. Copyrights:The Supreme Court issued important decisions addressing the useful article doctrine, public performance right and the first sale doctrine. The past few years also witnessed important developments in the Online Service Provider safe harbor, fair use, and state protection for pre-1972 sound recordings. We have also integrated the digital copyright materials into a unified treatment of copyright law and substantially revamped the fair use section to reflect the broadening landscape of this important doctrine. IPNTA2019 integrates the complex provisions of the Music Modernization Act of 2018. ● Originality: New problem on copyrightability of jokes based on lawsuit by comedy writer Alex Kaseberg against Conan O’Brien ● Update on copyright duration (1923 works now in the public domain) ● Note on cord cutting and Locast, a nonprofit local broadcasting service ● Update on DMCA exemptions ● New fair use problem based on Dr. Seuss Enterprises v. ComicMix ● Integration of new cases: Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, 139 S. Ct. 881 (2019) (registration must be made prior to filing suit); Revision Comm’n for General Assembly of Georgia v. Public.Resource.Org, Inc., 906 F.3d 1229 (11th Cir. 2018) (holding that “the People are the constructive authors of . . . official legal promulgations of government,” meaning that the works are intrinsically public domain material and, therefore, uncopyrightable), cert. granted, Georgia, et al. v. Public.Resource.Org, Inc. (2019)); Disney Enterprises, Inc. v. VidAngel, Inc., 869 F.3d 848 (9th Cir. 2017) (Family Entertainment and Copyright Act of 2005 is not a defense to anticirumvention provisions); Capitol Records, LLC v. ReDigi, Inc., 910 F.3d 649 (2d Cir. 2018) (rejecting digital exhaustion); BWP Media USA Inc. v. Polyvore, Inc., 922 F.3d 42 (2d Cir. 2019) (exploring the volition requirement); Rimini Street, Inc. v. Oracle USA, Inc., 139 S.Ct. 873 (2019) (scope of costs recoverable under Section 505) Trademarks: IPNTA2019 integrates important cases on federal registrability of disparaging marks, merchandising rights, likelihood of confusion on the Internet, and remedies. ● False Advertising: added MillerCoors, LLC v. Anheuser-Busch Companies, LLC, United States District Court, Western District of Wisconsin, 2019 WL 2250644 (2019) ● New problem based on Dr. Seuss Enterprises v. ComicMix (protectability) ● Integration of new cases: Iancu v. Brunetti, S. Ct. (June 24, 2019) (holding that FUCT, while vulgar, is registrable); Moldex-Metric, Inc. v. McKeon Prods., 891 F.3d 878 (9th Cir. 2018) (holding that aesthetic functionality must consider the availability of alternative designs); Beyonce Knowles-Carter v. Feyonce, Inc., 347 F. Supp. 3d 217 (S.D.N.Y. 2018) (denied summary judgment that “Feyonce” merchandise marketed to fiances would confuse consumers into thinking it was sponsored by the musician Beyonce); Gordon v. Drape Creative, Inc., 909 F.3d 257 (9th Cir. 2018) (application of the Rogers test).

디지털 저작물의 배포, 최초판매의 원칙, 공정이용에 관한 연구 : 미국과 우리나라의 사례들을 중심으로

디지털 저작물의 배포, 최초판매의 원칙, 공정이용에 관한 연구 : 미국과 우리나라의 사례들을 중심으로

Do we buy or license e-books? : Applying the First Sale Doctrine in the Digital Age

Do we buy or license e-books? : Applying the First Sale Doctrine in the Digital Age

Revisiting Copyright Theories: Democratic Culture and the Resale of Digital Goods

AbstractThis study surveys theoretical justifications for copyright and considers the implications of the notion of cultural democracy in regard to copyright law and policy. In doing so, the study focuses on the first sale doctrine and advocates for the doctrine’s expansion to digital goods based on a discussion of the doctrine’s policy implications and a review of the arguments for and against a digital first sale doctrine. The study argues that democratic copyright theories, in general, and the notion of cultural democracy, in particular, can and should guide copyright reforms in conjunction with a digital first sale doctrine. This study contributes to the growing discussions about the democratic theories of copyright by demonstrating their applicability to copyright policy and doctrine.

표준필수기술(SEP)의 다단계 실시 약정(Multi-Level Licensing)에 대한 최초판매원칙의 적용과 그 효력

표준필수기술(SEP)의 다단계 실시 약정(Multi-Level Licensing)에 대한 최초판매원칙의 적용과 그 효력

The First Sale Doctrine in the Copyright Law

The system of copyright seeks to encourage progress, although the capability of law to define the substance of progress runs deeply within copyright system itself, it should make sure that new works should be produced while guaranteeing protection to the creators or authors of the already prevailing works. Copyright law considers and encourages progress in two following ways: Firstly, the system pursues to increase both the quality and quantity of ingenious output. Secondly, it seeks to widen public access to ingenious works. In furtherance of these goals the First Sale Doctrine has been evolved through passage of time.

Innovation and Competition Policy, Ch. 10: Post-Sale and Related Distribution Restraints Involving IP Rights

This book of CASES AND MATERIALS ON INNOVATION AND COMPETITION POLICY is intended for educational use. The book is free for all to use subject to an open source license agreement. It differs from IP/antitrust casebooks in that it considers numerous sources of competition policy in addition to antitrust, including those that emanate from the intellectual property laws themselves, and also related issues such as the relationship between market structure and innovation, the competitive consequences of regulatory rules governing technology competition such as net neutrality and interconnection, misuse, the sale doctrine, and the Digital Millennium Copyright Act (DMCA). Chapters will be updated frequently. The author uses this casebook for a three-unit class in Innovation and Competition Policy taught at the University of Iowa College of Law and available to year law students as an elective.This document is Chapter Ten, which deals with vertical contractual restraints and the first-sale (exhaustion) doctrine. Two decisions from the Oct. 2012 term have been added as principal cases. One is the Supreme Court's decision in Kirtsaeng v. John Wiley, dealing with copyright exhaustion and goods covered by U.S. copyright but manufactured abroad. The other is Bowman v. Monsanto, which considers whether the sale doctrine applies to self-replicating technologies, in this case a genetically altered seed. Relatedly we include a note on the European Court of Justice's first download doctrine, creating protections equivalent to those of the sale doctrine but for downloaded software.

Innovation and Competition Policy, Ch. 9: The Innovation Commons

This book of CASES AND MATERIALS ON INNOVATION AND COMPETITION POLICY is intended for educational use. The book is free for all to use subject to an open source license agreement. It differs from IP/antitrust casebooks in that it considers numerous sources of competition policy in addition to antitrust, including those that emanate from the intellectual property laws themselves, and also related issues such as the relationship between market structure and innovation, the competitive consequences of regulatory rules governing technology competition such as net neutrality and interconnection, misuse, the first sale doctrine, and the Digital Millennium Copyright Act (DMCA). Chapters will be updated frequently. The author uses this casebook for a three-unit class in Innovation and Competition Policy taught at the University of Iowa College of Law and available to first year law students as an elective. This Chapter, in a revised and expanded second edition, deals with issues of IP pooling and cross licensing, blanket and package licensing, joint development ventures, standard setting, the FRAND licensing process for standards essential patents, FRAND licensing obligations, the Jan. 2013 FTC/Google settlement, and related issues relating to collaborative innovation.

Innovation and Competition Policy, Chapter 8: Innovation, IP Rights, and Anticompetitive Exclusion

This book of CASES AND MATERIALS ON INNOVATION AND COMPETITION POLICY is intended for educational use. The book is free for all to use subject to an open source license agreement. It considers numerous sources of competition policy in addition to antitrust, including those that emanate from the intellectual property laws themselves, and also related issues such as the relationship between market structure and innovation, the competitive consequences of regulatory rules governing technology competition such as and interconnection, misuse, the first sale doctrine, and the Digital Millennium Copyright Act (DMCA). Chapters will be updated frequently. The author uses this casebook for a three-unit class in Innovation and Competition Policy taught at the University of Iowa College of Law and available to first year law students as an elective. This document is Chapter 8, revised second edition on exclusionary practices, including refusal to license, exclusionary pricing, anticompetitive design, and technological tying. It also includes coverage of expanded sharing duties under the 1996 Telecommunications Act, as well as net neutrality and related regulations promulgated by the Federal Communications Commission.

Innovation and Competition Policy, Chapter 7: Intellectual Property Misuse

This book of CASES AND MATERIALS ON INNOVATION AND COMPETITION POLICY is intended for educational use. The book is free for all to use subject to an open source license agreement. It differs from IP/antitrust casebooks in that it considers numerous sources of competition policy in addition to antitrust, including those that emanate from the intellectual property laws themselves, and also related issues such as the relationship between market structure and innovation, the competitive consequences of regulatory rules governing technology competition such as net neutrality and interconnection, misuse, the first sale doctrine, and the Digital Millennium Copyright Act (DMCA). Chapters will be updated frequently. The author uses this casebook for a three-unit class in Innovation and Competition Policy taught at the University of Iowa College of Law and available to first year law students as an elective. This document is Chapter 7, second edition, which addresses IP misuse and related doctrines.