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Intellectual Property Law and Interactive Media

Free for a Fee


Edward Lee Lamoureux, Steven L. Baron and Claire Stewart

Now in its second edition, this book offers a comprehensive treatment of intellectual property law and interactive media. Having been thoroughly updated, this edition captures emerging trends and issues in a shifting landscape (including international contexts and games/virtual worlds), legislative and judicial history, and the efforts to balance public and private interests. It explains the details relating to procedural issues in connection with each of the varied and unique forms of intellectual property management (copyright, patent, open source/open publishing, trademark, trade secrets, personal torts – right of publicity, privacy, defamation – and digital rights management) and registration.
Each chapter now includes a section that clearly introduces the fundamentals of the IP law aspect highlighted in the chapter. Each chapter also includes a new section dedicated to emerging Issues.
Case coverage is revised in two important ways: the bulk of the case analyses have been moved to a second volume, Case Analyses for Intellectual Property Law and New Media (Baron, Lamoureux, and Stewart); and references to cases in the primary text direct readers to pertinent sections in the new book.
The coverage allows this second edition to serve as an excellent resource for undergraduates studying interactive media, as well as being a primer for first year IP law students, a handbook for entrepreneurs, a guidebook for general lawyers to assist in referrals, and an interesting read for those simply curious about the field.
The books are supplemented by, a blog providing textual updates, online links to bibliographic materials, and extensive resource aggregation. Learning objectives for each chapter and a glossary of key terms is provided within the texts.


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Glossary 259


Glossary Affi rm: When an appellate court affi rms the lower court’s ruling, it agrees with the ruling and upholds it. Amicus Curiae: A Latin phrase meaning “friend of the court.” It has come to signify non-parties who ask to have a voice in cases pending before appellate courts. Upon permission from the appellate court, the non-parties may fi le amicus briefs to help frame the legal issues before the court. Th e general rule, however, is that only parties to the dispute may submit briefs and arguments to the court. Answer: After the plaintiff fi les and serves a complaint, the defendant is granted a limited amount of time to answer each of the allegations in the complaint. Anti-circumvention: Legal constraints against “going around” (or hacking) the access, usage, and copy restrictions embedded within digital media content. Appellant: Th e party who fi les an appeal from the decision in the trial court. Appellee: Th e party who responds to an appeal from the decision in the trial court. Briefs: Th e legal memoranda prepared by the parties and submitted to the court. Briefs contain the factual basis and legal theories of the parties’ positions. Cache: Temporary storage area in a computer’s memory system where frequently accessed data can be kept for rapid access. Various cache locations contain copies of information, limiting the need to retrieve new originals. Causes of Action: Th e legal theories of recovery asserted by the plaintiff . For example, trademark infringement is a cause of action. Lamoureaux.indd Sec1:...

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