Use this page to explore reports, podcasts, articles, and other outputs developed by the Engelberg Center.
Results
Patricia Martone
November 02, 2022Analyzing data starting in 2010 and drawing from 26 years of personal experience as a First Chair patent litigator, Engelberg Center Fellow Patricia Martone explores the current state of women at the top of patent litigation.
A panel of experts explore the balance between femtech and privacy as it exists post-Dobbs.
Open Hardware Distribution & Documentation Working Group
November 01, 2021The ability to manufacture and distribute locally is key to unlocking the full potential of open hardware.
An examinaion of the state of open source hardware in 2021.
Gabriel Nicholas
April 08, 2021This paper distills technical barriers users face in transferring data between services.
Ethan Lin ‘21; Christopher Morten, editor
March 02, 2021This paper suggests legislative reforms to the patent term extension provision of the Hatch-Waxman Act to restrict improper patent term extensions and make the patent system more democratic and transparent to the public.
Anne Bowser, Alex Long, Alexandra Novak, Alison Parker, Michael Weinberg
February 01, 2021This white paper explores how the efforts of makers, organizations, and government regulators came together to respond to equipment shortages in the early days of the COVID-19 crisis.
The report is a snapshot of the open source hardware community as it exists in 2020, ten years after the first Open Hardware Summit.
Gabriel Nicholas
September 01, 2020This paper explores options for improving data portability between technology platforms.
Ariella Barel ‘20; Laurel Boman ‘21; Christopher Morten, editor
August 19, 2020This report discusses the need for cost transparency into pharmaceutical research and development and transparency into the costs of clinical trials funded by the National Institutes of Health, and proposes a set of reforms to achieve that goal.
A guide for digitizing and making available 3D cultural resources as part of an Open Access program.
Turning the Camera Around explores the public’s right to record police officers in public spaces.
Congestion Privacy investigates the privacy impact of New York City’s congestion pricing system.
Gabriel Nicholas, Michael Weinberg
November 06, 2019The paper explores how useful data exported from Facebook might be to a potential competitor. The answer: not very.
A project to develop an ethical open source software license for the ml5.js software library.
A lively debate on the state of open source hardware at the 2020 Open Hardware Summit.
How can lawyers determine what drives creators and accused appropriators and can that be communicated to fact finders?
How are issues identified as ‘ripe’ for reform, and what is the best way to shape the reform process in the area of intellectual property?
Keynote presentation from Judge Raymond Chen ‘94, U.S. Court of Appeals for the Federal Circuit.
Expert witnesses from both sides of the Blurred Lines case discuss how to analyze and communicate similarities and differences of creative works, and the role that technology plays in defining the works to be compared.
What are the best ways to approach market definitions, demands, and harms?
What are the most effective ways to calculate and apportion damages?
What are the best ways to test what consumers and users perceive about a work and how it is being positioned in the market?
How can you show what it means to contribute sufficient creativity for a work to be protected by intellectual property?
Judge Pierre Leval, U.S. Court of Appeals for the Second Circuit, delivers his keynote address.
The Engelberg Center Annual Report captures the people, activities, courses, events, and research that made up the year.
The Engelberg Center Annual Report captures the people, activities, courses, events, and research that made up the year.
The Engelberg Center Annual Report captures the people, activities, courses, events, and research that made up the year.
The Engelberg Center Annual Report captures the people, activities, courses, events, and research that made up the year.
The Engelberg Center Annual Report captures the people, activities, courses, events, and research that made up the year.
The Engelberg Center Annual Report captures the people, activities, courses, events, and research that made up the year.
The Engelberg Center Annual Report captures the people, activities, courses, events, and research that made up the year.
The Engelberg Center Annual Report captures the people, activities, courses, events, and research that made up the year.
In the final episode of the Kickstarter United Oral History, the union works through the COVID-19 pandemic as organizers reflect on their experiences forming the union.
The votes have been cast - now it is time for them to be counted.
Kickstarter workers cast votes on unionization.
Organizers demand recognition from management.
Three more organizers leave Kickstarter.
A closer look at two organizer experiences.
Leadership’s anti union strategy slows organizing to a stop and organizers begin to lose hope.
Leadership officially comes out as anti union and tips the scale in their favor.
Management officially comes out as anti union.
Management discovers the union and begins to implement a strategy.
Things are heating up! Episodes every two weeks.
Workers help each other through retaliation and resolve to build a union.
The specific events that led to the first utterance of “union.”
A window into how Kickstarter’s culture encouraged collective action.
Why are tech workers forming unions? Hear directly from employees who built Kickstarter’s Union about why they thought a union was the structural change their tech campaign needed.
This oral history centers the first hand accounts of organizers and uses documentation to deepen the narrative.
This oral history is a chorus of unique voices and perspectives. Together we’ll hear how workers and organizers speak to one another and how they learn from each other.
In this episode, we talk through the so called “unanticipated consequences” of the 2019 European copyright directive.
The Engelberg Center brings you a ten part series chronicling the formation of the first tech company union in US history.
On today’s episode we focus on what the final text of Article 17 requires in terms of its two-fold licensing and filtering mandate.
An audio postcard from the world of IP litigation in the middle of a pandemic.
A discussion about Glam3D.org with its creators.
COVID-19 contact tracing through mobile devices and applications has become prevalent and popular around the globe but questions remain.
Co-hosted by the Engelberg Center and R Street, this panel discussion focused on innovation during the COVID-19 crisis.
Professor Sarah Lamdan discusses her new book Data Cartels with MarketWatch Enterprise Reporter Shoshana Wodinsky.
Today’s episode is a conversation with MSCHF from the Fake Symposium.
Jessica Silbey and Rebecca Giblin discuss their new books “Against Progress” and “Chokepoint Capitalism” with Engelberg Center Faculty Co-Director Jason Schultz.
Today’s episode is the Fake Intellectual Property panel from the Fake Symposium.
Today’s episode is the Fake Art panel from the Fake Symposium.
Today’s episode is the Fake Social Media Movements in Culture, Advocacy, and Policy panel from the Fake Symposium.
Today’s episode is the Fake Goods and the Problem with Authenticity panel from the Fake Symposium.
Today’s episode is the framing discussion that served as an introduction to the Fake Symposium.
Siva Vaidhyanathan’s keynote speech from the Fake Symposium.
Engelberg Center Faculty Co-Director Jason Schultz discussed the nature of ownership in a digital world, and how this connects with ebooks shared by the Internet Archive.
Michael Weinberg
January 12, 2023Focusing on the experiences of the Statens Museum for Kunst (SMK), New York Public Library, and National Gallery of Art, Pioneers of Open explores early days in pioneering open access programs.
Barton Beebe, Jeanne Fromer
November 01, 2022Barton Beebe, Roy Germano, Chris Sprigman, and Joel H. Steckel
May 01, 2022Rochelle Dreyfuss, Daniel Benoliel
January 01, 2022Mike Ananny, Frances Corry, Kate Crawford, Alexandra Sasha Luccioni, Jason Schultz, and Hamsini Sridharan
June 20, 2022Jennifer Romig, Chris Sprigman
September 09, 2021Chris Sprigman, Stephan Tontrup
August 21, 2022Sebastian Benthall, Erez Hatna, Joshua M. Epstein, and Katherine J. Strandburg
August 24, 2022Michael J. Madison, Brett M. Frischmann, Madelyn R. Sanfilippo, and Katherine J. Strandburg
July 13, 2022Eli Siems, Katherine J. Strandburg, and Nicholas Vincent
April 01, 2022Barton Beebe
October 01, 2020Joost Blom, Rochelle C. Dreyfuss, Paulius Jurcys, Axel Metzger, Dário Moura Vicente, Sierd J Schaafsma, and Benedetta Ubertazzi
December 01, 2021Professor Orly Lobel hosts a presentation and Q&A regarding her book, The Equality Machine.
This episode is the international panel from DreyFEST, the celebration of Professor Rochelle Dreyfuss. It was recorded on March 24, 2023.
This episode is the patent doctrine panel from DreyFEST, the celebration of Professor Rochelle Dreyfuss. It was recorded on March 24, 2023.
This episode is the trade secrecy panel from DreyFEST, the celebration of Professor Rochelle Dreyfuss. It was recorded on March 24, 2023.
This episode is the courts and jurisdiction panel from DreyFEST, the celebration of Professor Rochelle Dreyfuss. It was recorded on March 24, 2023.
This episode is the IP polycentrism panel from DreyFEST, the celebration of Professor Rochelle Dreyfuss. It was recorded on March 24, 2023.
This episode is the discussion of the Amgen v Sanofi case currently before the US Supreme Court from the Engelberg Center’s Disclosure Under Section 112 in Policy and Practice event. It was recorded on April 19, 2023.
This episode is the Section 112 in the Life Sciences panel from the Engelberg Center’s Disclosure Under Section 112 in Policy and Practice event. It was recorded on April 19, 2023.
This episode is the Section 112 in Technology panel from the Engelberg Center’s Disclosure Under Section 112 in Policy and Practice event. It was recorded on April 19, 2023.
This episode is the Guiding Principles Going Forward panel from the Engelberg Center’s Disclosure Under Section 112 in Policy and Practice event. It was recorded on April 19, 2023.
Jeanne Fromer, Jessica M. Silbey
February 26, 2021Phillip Areeda, Aaron S. Edlin, Louis Kaplow, Scott Hemphill
January 01, 2021This is the first edition of a new antitrust casebook designed to offer an accessible, thorough, concise, and up-to-date introduction to the world of antitrust.
Barton Beebe, Roy Germano, Chris Sprigman, Joel H. Steckel
February 28, 2023Scott Hemphill (Moderator), Robin Feldman, Jaw Lefkowitz, Sean Nicholson, and Judge William G. Young
March 10, 2021John Asker and Scott Hemphill
October 10, 2020Chris Sprigman
June 30, 2021Sarah Lamdan, Jason M. Schultz, Michael Weinberg, Claire Woodcock
July 12, 2023Something happened when we shifted to digital formats that created a loss of rights for readers. Pulling back the curtain on the evolution of ebooks offers some clarity to how the shift to digital left ownership behind in the analog world.
Chris Sprigman
December 01, 2020Madelyn Rose Sanfilippo, Brett M. Frischmann, and Katherine J. Strandburg
March 29, 2021Sebastian Benthall1, Michael Carl Tschantz, Erez Hatna, Joshua M. Epstein, and Katherine J. Strandburg
January 01, 2022Sebastian Benthall, Katherine J. Strandburg
June 21, 2021Yafit Lev-Aretz†, Katherine J. Strandburg
January 01, 2020Madelyn Rose Sanfilippoa and Katherine J. Strandburg
February 22, 2021This episode is the “Can AI propel cultural heritage institutions through their digital transformation” panel from the Generative AI & the Creativity Cycle Symposium hosted by Creative Commons at the Engelberg Center.
Rochelle Dreyfuss
February 15, 2023This episode is the “Can AI help everyone enjoy culture as a global public good?” panel from the Generative AI & the Creativity Cycle Symposium hosted by Creative Commons at the Engelberg Center.
This episode is the “Fair remuneration of creators — Can AI be an answer?” panel from the Generative AI & the Creativity Cycle Symposium hosted by Creative Commons at the Engelberg Center.
This episode is the “Copyright and open sharing of heritage collections for data: bounty or bane for creativity in the age of AI?” panel from the Generative AI & the Creativity Cycle Symposium hosted by Creative Commons at the Engelberg Center.
This episode is the “Diversity, inclusivity, sustainability, and cultural identity - what role for AI?” panel from the Generative AI & the Creativity Cycle Symposium hosted by Creative Commons at the Engelberg Center.
This episode is the “Creativity, machines, and heritage commons - what collaboration opportunities are there?” panel from the Generative AI & the Creativity Cycle Symposium hosted by Creative Commons at the Engelberg Center.
This episode is the “Users are creators - is AI blurring the lines of creativity in the copyright framework?” panel from the Generative AI & the Creativity Cycle Symposium hosted by Creative Commons at the Engelberg Center.
This episode is the “A Whole New World? Changes Big and Small” panel from the Revising the Antitrust Merger Guidelines event.
This episode is the “What’s in the Toolkit? Tools and Evidence” panel from the Revising the Antitrust Merger Guidelines event. It was recorded on September 29, 2023.
This episode is the “New Guidelines for the New Economy” panel at the Revising the Antitrust Merger Guidelines event.
Introducing Knowing Machines, a podcast companion to the Knowing Machines project. In this podcast, we’re going to look at the data that’s used to train artificial intelligence.
In this episode, team leads Kate Crawford and Mike Annany have a frank and comprehensive conversation about artificial intelligence, from its technical roots to its epistemic and philosophical implications to how much water it takes to keep it cool.
In recent years, trademark owners have increasingly been acting similarly to those they accuse of infringement or dilution of their marks.
To the average person, artificial intelligence systems are …unintelligible. We hear a lot of terms bounced around: black boxes, enigmatic, even just plain magic.
How do you make a dataset? And…how do you make a better one? Does a dataset accurately reflect what it claims to, and who should be held accountable if a dataset is misused?
Birders and machine learning researchers have forged an unlikely friendship: birders rely on advancements in technology to bring them closer to nature, while machine learning experts rely on the slow, methodical research that birders love to do.
The Engelberg Center Annual Report captures the people, activities, courses, events, and research that made up the year.
Jacob E. Gersen and C. Scott Hemphill
October 06, 2022The Coca-Cola bottle is celebrated today as a design classic and the paradigmatic illustration of protected trade dress. How the Coca-Cola Company achieved that exalted position, however, is poorly understood.
What does it mean when the press we depend on is actually a synthetic amalgam of human and machine, using AI to create its words and images and shape its workflows, ethics, and intellectual property?
In today’s episode, the curators Kate Crawford and Vladan Joler join to discuss this map from conception to exhibition, as well as what it can teach us about history, and the future.
We think of art as coming from a place deep inside us that is us at our most human. But what happens when art is made by computers?
MELODI DINCER, JAKE KARR, JASON SCHULTZ, MICHAEL WEINBERG
October 19, 2023This explainer is an evolving project to provide everyone with the types of answers that legal experts might informally provide to each other.
This episode is the introduction to our Exploring the Anti-Ownership Ebook Economy event followed by that event’s “Economics of Ebook Publisher/Platform Workflows” panel. It was recorded on October 27, 2023.
This episode is the “Publisher-Platform Data Relationships” panel from our Exploring the Anti-Ownership Ebook Economy event. It was recorded on October 27, 2023.
This episode is the “Publishers Who Sell Ebooks” panel from our Exploring the Anti-Ownership Ebook Economy event. It was recorded on October 27, 2023.
This episode is the “How Libraries Handle Ebooks” panel from our Exploring the Anti-Ownership Ebook Economy event. It was recorded on October 27, 2023.
This episode is the “Copyright Law and Digital Ownership” panel from our Exploring the Anti-Ownership Ebook Economy event. It was recorded on October 27, 2023.
This episode features introductory remarks to the Technology Law and Policy Clinic at 10 event from Professors Jason Schultz and Jeanne Fromer, as well as the panel discussion of TLP alums providing perspectives from clinical teaching.
This episode is the Current TLP Students: Perspectives from the Classroom panel from the Technology Law and Policy Clinic at 10 event.
This episode is the TLP Alums: Perspectives from the Private Sector panel from the Technology Law and Policy Clinic at 10 event.
This episode is the TLP Alums: Perspectives from Government and NGOs panel from the Technology Law and Policy Clinic at 10 event.
Benjamin Kagan Brady, Roy Germano, and Chris Sprigman
October 12, 2023In this Article, we are interested in understanding what courts do in copyright infringement cases when awarding statutory damages, and, given the absence of statutory direction, there are any discernable patterns in those statutory damages awards.
This episode is audio from Necromancers of the Public Domain: Broadway Racketeers.
It was recorded on February 29, 2024.
Andrea Wallace, Michael Weinberg
April 03, 2024Providing decision makers with a snapshot of open licensing across the UK heritage sector.
This episode is audio of Judge Raymond Chen’s introductory remarks from the Engelberg Center’s Rethinking Patent Prosecution, Review, and Litigation event. It was recorded on March 28, 2024.
This episode is audio of the State of Play in District Courts panel from the Engelberg Center’s Rethinking Patent Prosecution, Review, and Litigation event. It was recorded on March 28, 2024.
This episode is audio of the Incentives Shaping the Current Prosecution Process panel from the Engelberg Center’s Rethinking Patent Prosecution, Review, and Litigation event. It was recorded on March 28, 2024.
This episode is audio of the IPR Today panel from the Engelberg Center’s Rethinking Patent Prosecution, Review, and Litigation event. It was recorded on March 28, 2024.
This episode is audio of the Solutions and Alternative Paths panel from the Engelberg Center’s Rethinking Patent Prosecution, Review, and Litigation event. It was recorded on March 28, 2024.
Rochelle C. Dreyfuss, Linda J. Silberman
July 05, 2023In Abitron Austria Gmbh v. Hetronic International, Inc., the Supreme Court appears to have returned to its recent preference for bright-line rules in cases assessing the extraterritoriality of federal statutes.
Helen Nissenbaum, Katherine J. Strandburg, and Salomé Viljoen
May 16, 2024The sectoral privacy regime in the United States allow behaviors that seem clearly to violate privacy to flourish, effectively gouging meaningful oversight from sectoral privacy laws. We call these “regulatory dodges.”
Amazon’s business model and Brand Registry have dramatically changed the trademark system by changing how often businesses seek to file U.S. trademark registrations and the types of marks they adopt, provoking important questions about trademark law.
Join a discussion about the new book Feminist Cyberlaw co-edited by former Engelberg Center Fellow Amanda Levendowski ‘14.
This episode is audio from the Goals of the Hatch-Waxman Act as Seen from 2024 panel from the Engelberg Center’s Hatch-Waxman at 40 and Beyond Symposium. It was recorded on September 26, 2024.
This episode is audio from the Empirical Evaluation of the Hatch-Waxman Act panel from the Engelberg Center’s Hatch-Waxman at 40 and Beyond Symposium. It was recorded on September 26, 2024.
This episode is audio from the Extending the Hatch-Waxman Act Model panel from the Engelberg Center’s Hatch-Waxman at 40 and Beyond Symposium. It was recorded on September 26, 2024.
This episode is audio from the fireside chat with FTC Commissioner Rebecca Kelly Slaughter from the Engelberg Center’s Hatch-Waxman at 40 and Beyond Symposium. It was recorded on September 26, 2024.
This episode is audio from the Protecting the Hatch-Waxman Act from Anticompetitive Gaming panel from the Engelberg Center’s Hatch-Waxman at 40 and Beyond Symposium. It was recorded on September 26, 2024.
This episode is audio from the Neglected Hatch-Waxman Act Goal of Data Transparency panel from the Engelberg Center’s Hatch-Waxman at 40 and Beyond Symposium. It was recorded on September 26, 2024.
This episode is audio from the Drug Price Negotiations panel from the Engelberg Center’s Hatch-Waxman at 40 and Beyond Symposium. It was recorded on September 27, 2024.
This episode is audio from the March-in Rights and § 1498 panel from the Engelberg Center’s Hatch-Waxman at 40 and Beyond Symposium. It was recorded on September 27, 2024.
This episode is audio from the What’s Next? panel from the Engelberg Center’s Hatch-Waxman at 40 and Beyond Symposium. It was recorded on September 27, 2024.
Clarissa Redwine
April 27, 2021The 10 chapter oral history of the unionization at Kickstarter, created by the people who made it happen.