Category: Featured

By Posted on Posted in Blog, Copyright, Featured No Comments

This post originally appeared on the UofT Faculty of Law Blog on Dec. 8, 2007.  Since it’s still relevant, I’m posting it again. A bill entitled Bill entitled “An Act to amend the Copyright Act” is likely to be handed down next week.  While the bill itself is probably drafted already, its content will be deliberated in Parliament.   Therefore, Canadian policymakers may wish to consider looking at the new copyright act which the Knesset, the Israeli parliament, passed last month (downloadable here, in Hebrew; English translation now available here).  There are at least two reasons to look at Israel’s new act:  one …

What Can Canada Learn from Israel about Copyright Reform? Read more »

By Posted on Posted in Blog, Featured, Trademarks No Comments

Modern trademark scholarship and jurisprudence view trademark law as an institution aimed at improving the amount and quality of information available in the marketplace.  Under this paradigm—known as the search-costs theory of trademarks—trademarks are socially beneficial because they reduce consumer search costs, and as a consequence provide producers with an incentive to maintain their goods and services at defined and persistent qualities. Working within this paradigm, my recent paper refines the search-cost theory of trademarks.  It highlights an important point whose significance hitherto has largely escaped notice, namely that reducing search costs and providing incentives to maintain quality are distinct functions, although they …

The Linguistic and Trust Functions of Trademarks Read more »

By Posted on Posted in Blog, Copyright, Featured, Piracy No Comments

The Social Science Research Council submitted a Comment to the USTR about software piracy, as part of the public hearing process for the 2011 Special 301 Report.  The submission cites, and largely echoes, my 2005 paper on network effects and software piracy.  Nice. The SSRC provides the following summary of its submission: Unlike recorded media business models such as the CD and DVD businesses, piracy is not primarily a drain on the software business, but rather a critical part of the business model that allows the building market share in low income countries and the effective locking out of open …

The Social Science Research Council Comments on Software Piracy Read more »