Boston University. University Professors Program Senior theses. / PLEASE NOTE: Boston University Libraries did not receive an Authorization To Manage form for this thesis. It is therefore not openly accessible, though it may be available by request. If you are the author or principal advisor of this work and would like to request open access for it, please contact us at open-help@bu.edu. Thank you. / 2031-01-02

Patent laws state that upon infringement, patentees are entitled to "damages adequate to compensate for the infringement but in no event less than a reasonable royalty." The key issue that plagues patent laws is that the current damage statute is too vague and provides little guidance to the United States court system in the determination of proper patent damages. A growing concern is that patent infringement awards are drifting away from its compensatory nature, and that damage awards are often excessive or inconsistently applied. Reformation is necessary to incorporate provisions in patent law that will establish a cohesive framework in the accounting for infringement damages.

Thesis (Ph. D.)--Columbia University, 1917. / Vita. "Reprinted from Archives of psychology, no. 42." Includes bibliographical references.

Thesis (Ph. D.)--University of Missouri, Columbia, 1997. / Includes bibliographical references. Also available on the Internet.

Zugl.: Kiel, Univ., Diss., 2008

Thesis (doctoral)--Universität Tübingen, 1974. / Includes bibliographical references (p. viii-xxii).

Thesis (Ph. D)--Columbia University, 1917. / Vita. "Reprinted from Archives of psychology, no. 42." Includes bibliographical references.

Thesis (LLM)--Stellenbosch Univeristy, 2015 / ENGLISH ABSTRACT: Music has, and continues to play, an important role in society. It is therefore natural that more music composers enter the scene to capitalize upon this role that music has in society. It is however becoming more common place for music composers to start copying each other, either directly or indirectly. Fortunately, copyright laws have been developed to further protect the rights enjoyed by copyright holders, such as music composers, and these laws essentially protect the composers from the unlawful reproduction of their original music. Copying is, to some degree, inevitable, therefore, the question asked by this paper is to what extent is someone entitled to ‘copy’ from another person without it amounting to copyright infringement. In determining if there is copyright infringement, two tests must be applied and satisfied, namely, the causal connection test, and the substantial similarity test. Causal connection is usually met by establishing whether the alleged infringer had access to the original work. The substantial similarity test is the focus of this paper. The courts rely on this test to determine if that part which was reproduced from the original work is of substance i.e. if it is a part of the work which attributes uniqueness and quality to the original song. Of course, this test is notoriously difficult to understand and apply, hence the need for this paper to address the question on when there is substantial similarity in two works. This paper is of benefit to academics, authors (musicians) and lawyers, as not only is the substantial similarity test discussed from a theoretical point of view, but the question of when something is substantially similar is answered from a pragmatic point of view. It is hoped that this paper is used as a guideline in understanding and applying the substantial similarity test in music copyright infringement cases. / AFRIKAANSE OPSOMMING : Geen opsomming beskikbaar

With the arrival of the digital age, faster internet speeds, and greater storage capacities in our computers, digital piracy is on the rise. Neither the illegality of piracy nor the unethical nature of doing so has stopped people from partaking in the act. Studies show that tens of billions of dollars of pirated goods are downloaded every year, yet our policies fail to solve the issue of digital copyright infringement. The biggest issues contributing to the problem are the lack of a policy that consumers take seriously in combination with some digital goods being too expensive in their current state of distribution. This thesis is aimed at taking a direct approach to reduce digital piracy from two different angles. The first angle deals with the incentive structure of society and the need for a government backed policy that has legitimacy in the view of United States citizens and the second angle is the creation of an alternative distribution model for digital software as a service based platform.

In September 2008, a consignment of pirated batteries, which were marked with Panasonic’s trademark, were retained by Swedish Customs. Panasonic sent a warning letter to the freight forwarding company, Tavatur, demanding it to destroy the batteries through the simplified procedure in (EC) No 1383/2003. However, since Sweden has not implemented the simplified procedure, Tavatur was unable to destroy the batteries without a court order from Sweden. Panasonic therefore sued Tavatur, the legal dispute being what liability freight forwarders have for pirated goods. Due to technical developments within different modes of transport, freight forwarders’ role has changed over the last few decades, from simple duties where the freight forwarder held an intermediary position, to a more independent role in which they now have to be legally classified as either a carrier or an agent. Unfortunately, legal development within multimodal transport has failed to keep pace with the speed of technical development. Bills of Lading, for example, have historically been working as receipts, but due to modern packing techniques, they have lost the normal evidence function they once had. Although there are some international regulations concerning freight forwarding services, they do not extend beyond the countries in which such conditions are used. When a dispute occurs between transport operators, which follow different regulations, the liability of the freight forwarders is unclear. Therefore, freight forwarders are in the need of harmonised legislation, especially concerning their liability for trademark infringements. Nonetheless, there are ways in which freight forwarder can avoid these disputes with right-holders, namely; by protecting themselves with legal cost insurance and via establish their liability through the use of contracts. However, Sweden and other Member States, which have not implemented the simplified procedure, should reconsider an implementation of it.