Monthly Archives: September 2016

New review in Jotwell: Nestor M. Davidson & John J. Infranca, The Sharing Economy as an Urban Phenomenon

Posted on September 13, 2016 by rtushnet

New App City–read it at Jotwell. from Blogger http://ift.tt/2ct1Cgi

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Taking advantage of known consumer ignorance is deliberately false, 2d Circuit rules

Posted on September 12, 2016 by rtushnet

Church & Dwight Co. v. SPD Swiss Precision Diagnostics, GMBH, No. 15-2411, 2016 WL 4708179, — F.3d. – (2d Cir. Sept. 9, 2016) Judge Leval deems this “an exceptionally well argued case,” noting the same thing I did: Paul Clement … Continue reading →

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Plumb disappointing: 9th Circuit reinstates 2D-to-3D copyright claim

Posted on September 12, 2016 by rtushnet

Direct Technologies, LLC v. Electronic Arts, Inc., Nos. 14-56266/14-56745 (9th Cir. Sept. 6, 2016) Electronic Arts makes the game The Sims, and contracted with a production company, Lithomania, to produce a USB flash drive shaped like a “PlumbBob,” a gem-shaped … Continue reading →

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Another court finds that injury from fake “sale” prices is redressable

Posted on September 12, 2016 by rtushnet

Le v. Kohls Department Stores, Inc., 160 F. Supp. 3d 1096 (E.D. Wisc. 2016) Le sued under various state consumer protection statutes (and unjust enrichment), alleging that Kohls falsely advertised “sale” or “discount” prices off of the “regular” or “original” … Continue reading →

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Stanford Sociology and Psychology of IP

Posted on September 10, 2016 by rtushnet

Session 5: Fairness, efficiency, and distributive justice Discussion leaders: Stephanie Bair: Concepts of ownership/justice in ownership may be universals—studies of children across cultures.  Purpose of IP as understood to be to prevent plagiarism—asking for permission is sufficient, though, in many … Continue reading →

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Stanford Sociology & Psychology of IP, branding

Posted on September 10, 2016 by rtushnet

Session 4: The sociology and psychology of brands Discussion leaders: Jeanne Fromer: A lot of work in this area. Some is about how consumers react to branding in systematic ways.  Rule of thumb in talking to branding folks: if you … Continue reading →

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Sociology and Psychology of IP, Session 3: What can we learn from IP-free zones?

Posted on September 10, 2016 by rtushnet

Discussion leaders: Kate Darling: attribution as something that people want rather than money in “negative spaces.” They know they can monetize their reputations.  Systems of self-governance often differ from those of formal law.  Attribution preference is not just about fairness/ego. … Continue reading →

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Sociology and Psychology of IP, Session 3: What can we learn from IP-free zones?

Posted on September 10, 2016 by rtushnet

Discussion leaders: Kate Darling: attribution as something that people want rather than money in “negative spaces.” They know they can monetize their reputations.  Systems of self-governance often differ from those of formal law.  Attribution preference is not just about fairness/ego. … Continue reading →

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The Psychology and Sociology of IP, patents

Posted on September 9, 2016 by rtushnet

Session 2: Why do companies patent? Discussion leaders: Lisa Ouellette: Accounts indicate that non-incentive reasons drive much patenting, contrary to standard incentive story.  What do sociologists etc. think about this divide in accounts?  Sociology/psychology give us tools when economic rationality … Continue reading →

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The Psychology and Sociology of Creativity and IP, Stanford Law School

Posted on September 9, 2016 by rtushnet

Session 1: Why do people create? Discussion leaders: Jessica Silbey Why and how? Psychological perspective, individual: b/c it’s fun, play; problem-solving; creativity as essential to who they are/identity-forming; as natural. Literature on extrinsic v. intrinsic motivation. Different ways of operationalizing … Continue reading →

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