As a leader in the publication of legal scholarship, the Fordham Intellectual Property, Media and Entertainment Law Journal sought the insights of internationally renowned scholars on critical problems in intellectual property law. In this focused issue, five top scholars tackle timely questions

Reidenberg, Joel R.

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Fordham University School of Law

Fordham Law SchoolFLASH: The Fordham Law Archive of Scholarship and HistoryFaculty Scholarship2007IntroductionJoel R. ReidenbergFordham University School of Law, JREIDENBERG@law.fordham.eduFollow this and additional works at: http://ir.lawnet.fordham.edu/faculty_scholarshipPart of the Intellectual Property CommonsThis Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted forinclusion in Faculty Scholarship by an authorized administrator of FLASH: The Fordham Law Archive of Scholarship and History. For moreinformation, please contact tmelnick@law.fordham.edu.Recommended CitationJoel R. Reidenberg, Introduction, 18 Fordham Intell. Prop. Media & Ent. L.J. 609 (2007-2008)Available at: http://ir.lawnet.fordham.edu/faculty_scholarship/30IntroductionAs a leader in the publication of legal scholarship, theFordham Intellectual Property, Media and Entertainment LawJournal sought the insights of internationally renowned scholars oncritical problems in intellectual property law. In this focused issue,five top scholars tackle timely questions.Professor Mark Lemley's article, Are Universities PatentTrolls?, addresses the problem known as patent "hold-up" in thecontext of university research. "Patent hold-up" occurs when apatent owner does not produce or develop the patented inventionand uses the patent rights to lock an invention out of themarketplace or seek rents through litigation. Professor Lemley'scontribution looks at the problem from the angle of growing patentportfolios held by universities and the more aggressive efforts ofuniversities to maximize profits from their intellectual propertyrights. He argues that universities should, in the technology field,consider the maximization of social impact along with short-termfinancial gain in their exercise of patent rights.Professor Rob Frieden's work, Internet Packet Sniffing and ItsImpact on the Network Neutrality Debate and the Balance ofPower Between Intellectual Property Creators and Consumers,brings to light a critical issue for the debate surrounding "netneutrality." Professor Frieden identifies an important conflictbetween deep packet sniffing that inspects content for trafficrouting and the Digital Millenium Copyright Act's safeharbor forsecondary copyright liability. Professor Freiden argues that ISPsactively engaged in packet sniffing and content inspection losetheir ignorance of potential copyright infringement that is thebedrock of the secondary liability exemption.Professor Michael Madison's article, Intellectual Property andAmericana, or Why IP Gets the Blues, argues that there is asymbiotic relationship between intellectual property law and thetransformation of fads into durable cultural practices. ThroughHeinOnline  -- 18 Fordham Intell. Prop. Media & Ent. L.J. 609 2007-2008FORDHAMINTELL. PROP. MEDIA & ENT. L.J.examples such as the well-known cult film, The Rocky HorrorPicture Show, Professor Madison illustrates that the use ofcopyright law in preserving the movie's place in American cultureis a much more subtle relationship with society than previouslythought.In The Mereology of Digital Copyright, Professor Dan L. Burkexplores the copyright challenge of Google's Book Search project.Professor Burk focuses on the metadata associated with thedatabase of digitally scanned books.He articulates the policyposition that the metadata cannot be considered copies of theunderlying work.Finally, Professor Tal Zarsky's article, Law and Online SocialNetworks: Mapping the Challenges and Promises of User-Generated Information Flows, addresses social networking andsets out platform, motivation and accreditation norms forlegitimacy and longevity. In the work, Professor Zarsky exploresthe relationship of traditional intellectual property law with thesenorms for social networks.Collectively and individually, the contributions to this issueoffer important and original insights for the advancement of publicpolicy. I salute and congratulate the Journal's editors forassembling this extraordinarily talented group of scholars and forproducing this valuable contribution to the field.Joel R. Reidenberg*Faculty Moderator"Professor of Law and Director of the Fordham Center on Law and Information Policy.[Vol. 18HeinOnline  -- 18 Fordham Intell. Prop. Media & Ent. L.J. 610 2007-2008

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