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Statutory Damages Flexible: Tenenbaum Case Updated

Represented by Professor Charles Nesson, Joel Tenenbaum pulled one back in his P2P downloading case, in which he was sentenced $675,000 dollars statutory damages to the copyright owners. I was sitting in the hearing when Professor Nesson presented his move of either placing a new trial or granting a remittitur. Briefly, Charlie’s argument is: 675,000 […]

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What will happen when two utilitarian giants meet

This is the outline of my talk at Berkman Fellow’s Hour on 17 Nov. 2009. Needs improvement, just post for commentaries.   1. Copyright protection is justified in a utilitarian way in the US. Contrary to many people’s granted thought, my study find that although it is deeply affected by the Germeneric-japanese form of civil […]

What are the US’ IPR Consultations indeed?

According to the Office of the US Trade Representative, the United States’ IPR consultation request to WTO on IPR protection and enforcement consists of FOUR aspects:A. the high quantitative thresholds that must be met in order to start criminal prosecutions of copyright piracy and trademark counterfeiting, and this makes a “safe harbor” for pirates and […]