From the standpoint of a MOOC practitioner (i.e., a MOOC provider) instead of a rigorous comparative law researcher, this article attempts to analyze the potential legal issues and risks underlying instruction via MOOCs and compare these legal issues and risks between the small jurisdiction Macao and such major jurisdictions as the United States,…

This dissertation used a historical research method to examine the rise of the centuries-long complex construct of intellectual property ownership through the lenses of American institutions of higher learning and the American legal system, the latter of which attributing its involvement in intellectual property rights once the principle of…

When professors teach complex topics like trademarks in a business law or legal environment class, the delivery is often too abstract. Textbooks tend to focus on black-letter basics of trademark law, ignoring strategic considerations. Experienced managers know that the strongest trademarks (legally speaking) do not necessarily sell products. These…

Background: The evolution in digital technologies has had an enormous impact on traditional copyright notions. Works in digital form have uniform characteristics and these works can be copied, distributed and stored with ease. Objectives: The focus of this article was how to attain a balance between the need to promote access to works and…

This article demonstrates how the case at hand, Teal Bay Alliances, LLC v. Southbound One, Inc., can be used as the core of a business case to teach students not only the basics of trademark law, but also as a real-world cautionary tale whose moral boils down to this: lawyers and businesspeople approach legal disputes from very different…

Tensions over faculty control of the fruits of their scholarship have been slowly building since the 1980s, but they have also intensified since late 2011. There have long been differences of opinion over ownership of patentable inventions, but over the last two years a number of universities have categorically asserted that they own these…

This article considers the effects of the Leahy--Smith America Invents Act, signed into law in September 2011, on the US patent system and its potential negative implications for US patent activities and patent culture. (Contains 2 notes.)

Last month brought an explosion of breaking news about intellectual-property issues, including copyright--the public battle over Internet-piracy bills in Congress, with ideological alliances crisscrossing standard lines, and sponsors turning against their own bills; the Supreme Court decision, "Golan v. Holder," which strengthened copyright…

In this article we examine the changing status of the course reader as an instructional technology in higher education. We assess the advantages of simply providing students bibliographic entries for assigned readings instead of readers, and we evaluate this alternative in regards to intellectual property and fair use issues focusing on…

"Research Library Issues" ("RLI") focuses on current and emerging topics that are strategically important to research libraries. The articles explore issues, share information, pose critical questions, and provide examples. This issue includes the following articles: (1) Special Issue on Copyright (Prudence S. Adler); (2) Fair…

Bringing in millions through patents invariably requires university leadership to confront what a patent is: an authorization to sue for infringement. Patents confer the right to exclude others from using a given invention, without the patent holder's permission, for a twenty-year term. Permission, of course, costs money--something universities…

While open source software (OSS) emphasizes open access to the source code and avoids the use of formal appropriability mechanisms, there has been little understanding of how the existence and exercise of formal intellectual property rights (IPR) such as patents influence the direction of OSS innovation. This dissertation seeks to bridge this gap…

Intellectual property has become a highly coveted asset that can potentially reap a financial windfall for the owner who exploits its utility. Higher education has focused on the discovery of new knowledge, which can translate into intellectual property, but legislation, higher education policy, and/or contractual engagement may dictate ownership…

American research universities frequently obtain and license patents to their faculty members' inventions. While university licensing is carefully tracked and thoroughly studied, little is known about university decisions to assertively litigate their patents through filing patent infringement lawsuits in federal court. Which universities…

Recent efforts to change the teaching profession and teacher preparation include a number of innovations to use portfolio assessment, value added measures (VAM), accountability metrics and other corporate education reform ideas. These approaches may provoke considerable potential legal consequences. Traditional constitutional and civil rights…