US Supreme Court decision could compromise biotech patents

10.1038/88008 ◽  
2001 ◽  
Vol 19 (5) ◽  
pp. 394-394 ◽  
Author(s):  
Debra Robertson
Author(s):  
Francina Cantatore

This chapter deals with the copyright issues faced by authors once their books enter the digital sphere, as well as the difficulties associated with overseas publications of their books, from a territorial perspective. It examines whether territorial copyright borders still afford book authors effective copyright protection in the digital economy, and further, whether the culture of the book is being eroded through the prevalence of extra-territorial publications. Relevantly, this article examines the landmark US Supreme Court decision of Kirtsaeng v Wiley and Sons, Inc. and considers its likely future impact on the enforcement of territorial copyright by authors and publishers. Finally, the article concludes that territorial copyright borders have become blurred, difficult to enforce in view of recent precedent, and are ineffective in preserving authors' copyright and the cultural dimensions of their books.


Author(s):  
Paul A Johnson

ABSTRACT Platforms, or two-sided markets, have become a topic of significant discussion in competition law over the past decade, culminating in the recent US Supreme Court decision in Ohio v. American Express Co. This note discusses externalities in platforms. Indirect network effects, one type of externality common on platforms, have been prominent in these discussions. However, the prominence of indirect network effects has obscured the importance of another externality that exists on platforms, a usage externality. This note argues that a near exclusive focus on indirect network effects has led to errors in identifying when a market should be analyzed as a platform. These errors implicate the identification of platforms like those at issue in Ohio v. American Express Co. as well as a wider set of platforms, such as ad-supported media platforms.


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