Declaring Computer Code Uncopyrightable with a Creative Fair Use Analysis
Google v Oracle is a blockbuster copyright case. This decade-long lawsuit arose from Google’s unauthorized copying of 11,500 lines of code in the Java . . .
Declaring Computer Code Uncopyrightable with a Creative Fair Use Analysis
Addressing Green Energy’s ‘Resource Curse’
Policy changes that encourage non-fossil fuel energy means increased reliance on batteries and other technologies that must develop rapidly. This article focuses on batteries, . . .
Prevention Policy in an Uncertain Environment
This paper investigates the case in which the benefits and the costs of prevention are subject to uncertainty. Prevention measures are taken after uncertainty . . .
Going Backwards: The FTC’s New Prior Approval Policy
On October 25, 2021, in a 3-to-2 vote, strictly along party lines, the Federal Trade Commission (“FTC”) announced a major policy shift in how . . .
What Does the Growth of Intangible Capital Mean for Competition Policy?
Stian Westlake and Jonathan Haskel find that recent changes in interfirm competition are driven not by less competitive markets, but by the growing importance of intangible capital like R&D, brands, software, and organizational development.
The Effects of Price Controls on Payment-Card Interchange Fees: A Review and Update
A review of the literature demonstrates that interchange-fee caps do more harm than good, especially for lower-income consumers.
Issue Brief: The EU Artificial Intelligence Act
As currently drafted, the text of the EU's proposed Artificial Intelligence Act would define virtually all software as AI.
Discriminatory Antitrust in the Realm of Potential and Nascent Competition
How should competition agencies and courts consider acquisitions by “big tech” (that is, Amazon, Apple, Google, Facebook, and Microsoft) of smaller, startup companies? There . . .
Appointing Arbitrators: Tenure, Public Confidence, and a Middle Road for ISDS Reform
When parties bring claims under investor-state dispute settlement (‘ISDS’) procedures, who should serve as decision-maker? Relevant par-ties ask the question in different settings and . . .