Archive for the 'Book Reviews' Category

Publication Announcement

Congratulations to the Syracuse Science and Technology Law Reporter members selected for publication in Volumes 21 & 22 of The Reporter:

Notes

Olivia Y. Truong: Virtual Inheritance: Assigning More Virtual Property Rights
Alison Taroli: Obvious Fallacy: Improving the Standard of Obviousness for Chemical Compounds to More Accurately Reflect Common Practice in the Art
Ju-Hyun Yoo: The Science of Identifying People by Their DNA, A Powerful Tool for Solving Crimes, Including Cold Cases From the Civil Rights Era
Emily Prudente: Open Source or Open Season? What legal professionals need to know about open source software before dealing in corporate transactions and the ramifications of GPLv3

Note Alternates

Jason Denrich: The Case for EBay: Domestic and International Disputes Concerning the Contributory Liability of Online Marketplaces for the Trademark Infringement of Users
Antonette Naclerio: Intuition Says, “First, Do No Harm:” Implications of Making Clinical Decision Support Systems Standard Practice through Health IT

Book Reviews

Heather Giglio, reviewing The Stem Cell Dilemma: Beacons of Hope or Harbingers of Doom?, by Leo Furcht & William Hoffman
Susan Azzarelli, reviewing Against Intellectual Monopoly, by Michele Boldrin & David K. Levine
Caitlyn Whitehead, reviewing The Future Control of Food: A Guide to International Negotiations and Rules on Intellectual Property, Biodiversity and Food Security, edited by Geoff Tansey & Tasmin Rajotte
Susan Azzarelli, reviewing Patent Failure: How Judges, Bureaucrats, and Lawyers Put Innovators at Risk, by James Bessen & Michael J. Meurer

Book Review Alternates

Heather Giglio, reviewing Body Shopping: The Economy Fueled by Flesh and Blood, by Donna Dickenson
Mallorie Rulison, reviewing Digital Rights Management: The Problem of Expanding Ownership Rights, by Christopher May

Indigenous Knowledge Systems and Intellectual Property in the Twenty-First Century: Perspectives from Southern Africa

Book Review By: Garth Mashmann

Abstract: This book is a collection of papers written by South African professors regarding Indigenous Knowledge Systems and indigenous peoples’ rights to Intellectual Property protection. The articles focus on the tension between existing intellectual property regimes and indigenous knowledge systems, highlighting the fact that African concepts of ownership are significantly different from Western concepts. Systems which protect intellectual property rights in the West are not adaptable to Africa. Many of the articles call for significant change in national and international intellectual property regimes.

About the Authors: John Kiggundu is a professor at the University of Botswana and is a professor in the department of law. After studying Law at Makerere University he earned his Doctorate in Law from Queen Mary and Westfield College in 1985. He then taught at South Bank University, London. He specializes and has been published in Company Law, Intellectual Property, Mercantile Law, and Private International law.

Mogomme Alpheus Masoga has a PhD and was employed by the National Research Foundation in Pretoria, South Africa.

Kgomotso Moahi is a lecturer at the University of Botswana and teaches health information systems and information science. She has earned a PhD and is the head of the Department of Library and Information Studies.

Isaac Mazonde is Director of Research and Development at the University of Botswana where he has been an associate professor since 1978.

Siamisang Morolong has lectured on the topics of Property Law, Intellectual Property Law, Business Law and Environmental Law at the University of Botswana.

Mogege Mosimege is the manager of the Bilateral Relations Unit in the Department of Science and Technology in South Africa. He has been extensively involved in the Indigenous Knowledge Systems debate and helped to develop IKS Policy in South Africa. His research focuses on ethnomathematics.

Otsile Ntsoane has researched and published widely on Indigenous Knowledge Systems and technology transfer. He is Deputy Director in the Department of Science and Technology in Pretoria, South Africa.

Francis B. Nyamnjoh has published widely in Cameroon and Botswana and taught sociology, anthropology and communication studies. He is an Associate Professor and Head of Publications and Dissemination with the Council for the Development of Social Science Research in Africa (CODESRIA).

Wapula Nelly Raditloaneng is currently a lecturer at the University of Botswana in Adult Education.

Alinah K. Segobye is a member of the Archeology Unit of the Department of History at the University of Botswana.

Pradip Thomas has published articles and books relating to intellectual property and communication rights. He is an Associate Professor at the School of Journalism & Communication at the University of Queensland.

[download PDF]

Wired Shut: Copyright and the Shape of Digital Culture

Book Review by: Garth Mashmann

Abstract: Wired Shut discusses digital rights management and its effects on culture. Throughout the book, technologies are examined in a broad context. After discussing the Internet and its foundations generally, Gillespie questions the decisions that have been made regarding the Internet. After explaining how file sharing became demonized in public opinion, Wired Shut describes the history of three different trusted systems which have met different ends. The cultural implications of Digital Rights Management are considered.

About the Author: Tarleton Gillespie, an Assistant Professor at Cornell University in the Department of Communication, has affiliations with the department of Science and Technology Studies and Information Science Program. Gillespie is also a Fellow with the Center for Internet and Society at Stanford Law School.

NOTE: Footnotes in this abstract were omitted.
[download PDF]

Steal This Music: How Intellectual Property Law Affects Musical Creativity

Book Review By: Paul G. Lyons

Abstract: Musicologist Joanna Demers introduces the reader to the world of transformative appropriation, where artists and arrangers borrow from other musical works. The author, through a careful study of various musicians, warns the reader of the possible negative effects of increasingly protective IP law. Her research of IP law and the affect on musical and cultural creativity aims to make readers aware of a threat that could potentially stifle transformative appropriation and the creation of new musical works in general.

About the Author: Joanna Demers is an Assistant Professor of Musicology at the University of Southern California’s Thornton School of Music. Her work focuses on 20th and 21st century popular music as well as intellectual property rights. In 2002, she received her PhD in musicology from Princeton University, and her doctoral dissertation, Sampling as Lineage in Hip-hop, received the Alvin Johnson AMS 50 Fellowship in 2001. Ms. Demers contributes significantly to the music and intellectual property community. Her work has appeared in Popular Music, the Journal of Popular Music, and the Social Science Research Network.

[download PDF]

Wind Power in Europe: Politics, Business and Society

Book Review By: Cristin Cavanaugh

Abstract: This book provides an overview of the policy and legal aspects of wind power in Europe, through the illustration of case studies in Denmark, Germany, Spain, United Kingdom and France.

About the Author: Joseph Szarka’s research and teaching concentrates on political renewal in Western democracies, with a focus on economic and environmental policy making. He also is a reader in European Studies at the University of Bath, UK.

[download PDF]

New Syracuse Science and Technology Law Reporter Student Notes and Book Reviews Selected for Publication

The following is a list of those student notes and book reviews selected to be published in the 2008-2009 by the Syracuse Science and Technology Law Reporter:

Student Notes Selected for Publication:

  • Good Samaritan or Defamation Defender? Amending the Communications Decency Act to Correct the Misnomer of Section 230 . . . Without Expanding ISP Liability, By Tara Lynch
  • Innovative Synergy: Patent Protection And Cost Subsidies Working Together To Stimulate Technological Advancement, By Dustin Friedland
  • Copyright Infringement and Bankruptcy: The Meaning of Willful in Two Statutory Schemes, By Caitlin McGowan
  • For the First Time in Over Sixty Years the Supreme Court Reviews the Doctrine of Patent Exhaustion: LG Electronics v. Quanta Computer, By Phil Semprevio

Alternates Notes Selected for Publication:

  • Free Access to the Law: Giving to the People What They Themselves Create, By Nick Evanovich
  • Google Earth, The Realm of Satellite Imagery in Both Governmental and Commercial Applications: A Tool for Generally Improving Life and Aiding in Search Efforts, or Simply a New Mechanism by Which Terrorists Can Benefit?, By Zach Oberman

Book Reviews Selected to be Published:

  • Garth Mashmann, reviewing: Indigenous Knowledge Systems and Intellectual property in the Twenty-First Century: Perspectives from Southern Africa, edited by: Isaac Mazonde & Pradip Thomas.
  • Garth Mashmann, reviewing: Wired Shut: Copyright and the Shape of Digital Culture, by: Tarleton Gillespie.
  • Cristin Cavanaugh, reviewing: Wind Power in Europe: Politics, Business and Society, by: Joseph Szarka
  • Paul Lyons, reviewing: Steal This Music: How Intellectual Property Law Affects Musical Creativity, by Joanna Demers

Alternate Book Reviews:

  • Cristin Cavanaugh, reviewing: Farmers’ Guide to Wind Energy: Legal Issues in Farming the Wind, by: Jessica A. Shoemaker
  • Gretal Kinney, reviewing: Biobazaar, by: Janet Hop

Please join us in congratulating all of the above SSTLR editors selected to have their work published!

Overdose: How Excessive Government Regulation Stifles Pharmaceutical Innovation (Book Review)

By Elliot Fruchtman

This book describes the current state of the pharmaceutical industry and discusses how current government regulations affect scientific innovation. Moreover, the author describes the advantages and disadvantages of various attempts to change the current system. In addition, the author analyzes the Vioxx litigation to illustrate his theory that government regulations restrain innovation and development of new drugs.

[view abstract] | [download PDF]

Privacy Lost: How Technology is Endangering Your Privacy (Book Review)


By Catrina Sveum
This book provides an overview of how advances in technology are eroding individual privacy. It explores the tension between individual civil liberties and national security. In addition to describing new threats to privacy, the book focuses on the inability of the law to protect individual privacy in the face of rapidly advancing technology.

[view abstract] |[download PDF]

Global Biopiracy: Patents, Plants, and Indigenous Knowledge (Book Review)

By Catrina Sveum

This book provides an overview of the legal and scientific concepts involving the appropriation of plants for biotechnological purposes. The book focuses on the tension between developing nations and industrialized nations as plant resources become the subjects of patents.

[view abstract] | [download PDF]


Virtually Obscene: The Case for an Uncensored Internet (Book Review)

By Robert Sanfilippo

Virtually Obscene is divided into seven chapters. Chapter 1 provides an overview of what the Internet is, describing its origin, structure, and various attempts to regulate it. Chapter 2 provides an overview of the current obscenity standards in the United States and discusses the problems therein, while providing the author’s proposals and alternatives to the current standard. Chapter 3 discusses the First Amendment, particularly the freedom of speech clause and the arguments surrounding it, as well as the author’s reasons why freedom of speech does not protect Internet obscenity. Chapters 4, 5, and 6, introduce and analyze the arguments of Internet obscenity and its harm to children, women and the moral environment, respectively. Chapter 7 concludes with a discussion of why Internet obscenity regulation is “a bad idea.”
[view abstract ] |[download PDF]