How Law Works: Collected Articles and New Essays

by Thomas Hemnes

Overview

This book chronicles developments in legal practice, intellectual property, and privacy law from the dawn of the digital age to today's world of social media and cloud technologies. Part autobiography, part legal history, and part philosophy of law, the volume explores the nature of legal reasoning, property, privacy, and personal identity. Hemnes weaves these large issues into meticulously researched analysis of the legal protection for computer software, the mechanics of software licensing, trademark protection and the use of intellectual property as collateral. Hemnes also considers how and why the promise of the early digital age in the 20th century declined into the rampant factionalism, nationalism, and terrorism of the early 21st century.

An indispensable resource for anyone studying the emergence of intellectual property rights as a cornerstone of the modern economy, this book also serves as a foundational reference tool for professors, students, and practitioners of intellectual property. The breadth and value of information contained within its pages, from the very basics of computer software protection to the intricacies of negotiation strategy for indemnification clauses, warrants a place on the library shelves of every practitioner of intellectual property and privacy law and on the reading list of every intellectual property, privacy and jurisprudence course.

Product Details

ISBN-13:	9781648892394
Publisher:	Vernon Press
Publication date:	04/12/2021
Series:	Law
Pages:	558
Product dimensions:	6.00(w) x 9.00(h) x 1.13(d)

About the Author

Thomas Hemnes is prominent Boston intellectual property attorney and an internationally recognised expert on intellectual property. He has been recognised as a Distinguished Specialist Practitioner by the Solicitors Regulation Authority of the United Kingdom and is featured in the IAM-Licensing 250 - The World's Leading Patent and Technology Licensing Lawyers. He is also rated AV Preeminent by Martindale-Hubbell 2015. Mr. Hemnes is a Shareholder in the law firm GTC Law Group, PC. Prior to joining GTC, Thomas was partner at the Boston law firm Foley Hoag, where he founded and chaired the firm's highly-regarded intellectual property department. A frequent lecturer and author on intellectual property law, Hemnes taught intellectual property for many years as an Adjunct Professor at Northeastern University School of Law and Boston College Law School. He holds a B.A. in Philosophy from Harvard College and a J.D. from Harvard Law School, where he was Articles Editor of the Harvard Law Review. He is admitted to practice in Massachusetts, England and Wales.

Table of Contents

List of Figures and Tables

Table of Abbreviations

Foreword

Robert Merges, UC Berkeley Law School

Acknowledgments

Introduction

Chapter 1 The Practice of Profits

"Paralegal Profitability Analysis" (1984)

Chapter 2 Angular Momentum

"Note: The Speech and Press Clause of the First

Amendment as Ordinary Language" (1974)

Chapter 3 Abracadabra

"The Adaptation of Copyright Law to Video Games" (1982)

"Three Common Fallacies in the User Interface Copyright Debate" (1990)

"The User Interface: Copyright? Or a Right to Copy?" (1990)

"Novelty, Scope, and the Shared Geometry of Patent and Copyright Protection" (1990)

Chapter 4 Private Law

"Software Revenue Generation in Network Environments"

"Restraints on Alienation, Equitable Servitudes, and the Feudal Nature of Computer Software Licensing" (1994)

"IP Boilerplate, Made Difficult" (2010)

"Intellectual Property Indemnity Clauses" (2013)

Chapter 5 Quasi Property 291

"The Bankruptcy Code, the Copyright Act, and Transactions in Computer Software" (1988)

"Computer Software Licensing after the Enactment of the Intellectual Property Bankruptcy Protection Act" (1989)

Chapter 6 Paradise Lost

"How Can You Find a Safe Trademark?" (1985)

"The Qualified Privilege to Use a Competitor's Trademarks in Comparative Advertising" (1988)

Chapter 7 The Gingerbread House

"The Current State of Privacy and Security Laws Affecting US Businesses" (2004)

"The Ownership and Exploitation of Personal Identity in the New Media Age" (2012)

Afterword

Table of References

Selected Bibliography

Index