Reuben W. Hills Conference Room
Reuben W. Hills Conference Room
Reuben W. Hills Conference Room
Reuben W. Hills Conference Room
Freeman Spogli Institute for International Studies
Stanford University
Encina Hall, C-327
Stanford, CA 94305-6055
Thomas Fingar is an affiliate at the The Center for International Security and Cooperation (CISAC) in the Freeman Spogli Institute for International Studies at Stanford University. He was the inaugural Oksenberg-Rohlen Distinguished Fellow from 2010 through 2015 and the Payne Distinguished Lecturer at Stanford in 2009.
From 2005 through 2008, he served as the first deputy director of national intelligence for analysis and, concurrently, as chairman of the National Intelligence Council. Fingar served previously as assistant secretary of the State Department’s Bureau of Intelligence and Research (2000-01 and 2004-05), principal deputy assistant secretary (2001-03), deputy assistant secretary for analysis (1994-2000), director of the Office of Analysis for East Asia and the Pacific (1989-94), and chief of the China Division (1986-89). Between 1975 and 1986 he held a number of positions at Stanford University, including senior research associate in the Center for International Security and Arms Control.
Fingar is a graduate of Cornell University (A.B. in Government and History, 1968), and Stanford University (M.A., 1969 and Ph.D., 1977 both in political science). His most recent books are From Mandate to Blueprint: Lessons from Intelligence Reform (Stanford University Press, 2021), Reducing Uncertainty: Intelligence Analysis and National Security (Stanford University Press, 2011), The New Great Game: China and South and Central Asia in the Era of Reform, editor (Stanford University Press, 2016), Uneasy Partnerships: China and Japan, the Koreas, and Russia in the Era of Reform (Stanford, 2017), and Fateful Decisions: Choices that will Shape China’s Future, co-edited with Jean Oi (Stanford, 2020). His most recent article is, "The Role of Intelligence in Countering Illicit Nuclear-Related Procurement,” in Matthew Bunn, Martin B. Malin, William C. Potter, and Leonard S Spector, eds., Preventing Black Market Trade in Nuclear Technology (Cambridge, 2018)."
This paper provides an understanding of the current copyright laws regarding software licensing in the United States and Europe. The concept of copyright under both the U.S. and EU legal regimes is to convey on the copyright owners the exclusive right to distribute their copyrighted software. In case of sales transactions, that right is expressly limited to statutory copyright law.
Sections 109 and 117 of the U.S. Copyright Act are the respective core provisions to apply to software transactions. It is not an infringement for the owner of a copy of a work obtained at an authorized sale to sell or otherwise dispose of the possession of that copy. In addition, the owner of a copy of a computer program may, inter alia, create another copy of that program provided that the copy is made either as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner, or for archival or back-up purposes. Under U.S. case law the crucial question is whether a licensee of software can be deemed as an "owner" of a copy of the software and as such trigger the first sale immunities. The paper shows the different approaches taken by different courts on the so-called "sale versus license debate".
Article 4(c) of the Council Directive on the Legal Protection of Computer Programs ("EC Software Directive") contains the European version of the first sale doctrine, the Community exhaustion doctrine. The first sale of a copy of a computer program by the copyright owners or with their consent shall exhaust the distribution right of that copy within the European Communities (EC) or European Economic Area (EEA). Contrary to the sale versus license debate in U.S. case law, European courts—with no greater argument—deemed software licensees subject to exhaustion. The courts have been more concerned to apply the doctrine of exhaustion in a way as to further the implementation of the fundamental freedom of free movement of goods and services in the EC.
On the basis of a transatlantic copyright analysis the paper will discuss, in a second step, the existence of a digital first sale doctrine (as called in the United States) or digital Community exhaustion doctrine (as known under EC law). The paper debates whether the first sale/exhaustion privilege is to apply also in the event of online-transmissions of software, i.e., when no tangible data carrier embodying the target software changes hands. In today’s world, copies of copyrighted works, including software, are bought with increasing frequency by electronically downloading them through networks, mostly the Internet, with no tangible copy of the target software provided. However, digital transmissions of copyrighted works over the Internet fit neither comfortably within the narrow concepts of first sale nor exhaustion. In discussing whether online distribution of software shall render sections 109 and 117 of the U.S. Copyright Act or Article 4(c) of the EC Software Directive applicable, the paper concludes that in the absence of persuasive case law in either jurisdiction on this matter, U.S. governmental authorities tend to protect software copyright owners, whereas the existence of a digital Community exhaustion doctrine may be based on the ground of free movement of information.
This research was published as TTLF Working Paper No. 6 at
http://www.law.stanford.edu/program/centers/ttlf/#ttlf_working_papers.
Reaching everything from medicine to the food industry, biotechnology’s impact on society has become a major economic factor and is ever-increasing. In addition to its impressive potential benefits, biotechnology carries serious risks, especially regarding security and ethics. The European Patent Convention includes statutory restrictions regarding morality and public policy, while today’s U.S. laws in contrast, try to avoid morality restrictions in patenting biotechnology and U.S. agencies generally grant patents without regard to moral concerns. Not long ago, the U.S. Patent Act included a morality doctrine which had a restrictive effect on biotechnology.
The new U.S. approach applies to micro-organisms, plants, and animals where moral concerns were not considered at all before the United States Patent and Trademark Office. It is not clear, if the moral questions re-emerged referring to the Newman/Rifkin patent application, claiming an animal-human chimera, since the application was finally rejected on the grounds that human beings do not constitute statutory subject matter under 35 U.S.C. § 101. This line of argumentation was a break from the developed case law concerning living matter. The attempt to keep ethical concerns out of the U.S. patent laws stands on very shaky grounds.
Another problem arises from the fact that both patent systems, in Europe and the U.S., are relying on the term “human” as a borderline for patentability but none of them define the term “human” which leads to ambiguities. An interesting approach came up, defining a human being not by its biological criteria but rather by its intellectual capabilities. However, this approach is still in its infancy.
The project is co-sponsored by the Stanford-Vienna Transatlantic Technology Law Forum (TTLF, a joint initiative of Stanford Law School and the University of Vienna School of Law) and by Stanford University’s Forum on Contemporary Europe at the Freeman Spogli Institute for International Studies.
Daniel and Nancy Okimoto Conference Room
U.S.-Asia Technology Management Center
School of Engineering
Stanford, CA
At Stanford University, Dr. Dasher has directed the US-Asia Technology Management Center since 1994, and he has been Executive Director of the Center for Integrated Systems since 1998. He holds Consulting Professor appointments at Stanford in the Departments of Electrical Engineering (technology management), Asian Languages and Cultures (Japanese business), and at the Asia-Pacific Research Center for his work with the Stanford Program on Regions of Innovation and Entrepreneurship. He is also faculty adviser to student-run organizations such as the Asia-Pacific Student Entrepreneurship Society and the Forum for American/Chinese Exchange at Stanford.
From 2004, Dr. Dasher became the first non-Japanese person ever asked to join the governance of a Japanese national university, serving a term as a Board Director (理事) of Tohoku University . He continued as a member of the Management Council (経営協議会) until March 2010, and he now serves as Senior Advisor to the President (総長顧問) of Tohoku University. Dr. Dasher has been a member of the high-profile Program Committee of the World Premier International Research Center Initiative (WPI) of the Japanese Ministry of Education (MEXT) since 2007. He has served on the Multidisciplinary Assessment Committee of the C$500 million Canada Foundation for Innovation Leading Edge Fund in 2007 and again in 2010, and as a member of the Phase I and Phase II Review Panels of the C$200 million Canada Excellence Research Chairs Program in 2008 and again in 2010. He was a distinguished reviewer of the Hong Kong S.A.R. study on innovation in 2008–09, and since 2007 he has been a member of the Foresight Panel of the German Ministry of Education and Research. From 2001–03, Dr. Dasher was on the International Planning Committee advising the Japanese Minister of State for Science and Technology Policy in regard to the formation of the Okinawa Institute of Science and Technology.
As allowed by Stanford policy, Dr. Dasher maintains an active management consulting practice, through which he is an advisor to start-up companies and large firms in the U.S., Japan, and China. He has been a board director of Tokyo-based ZyCube Inc. since 2006, and he is founder and chairman of Pearl Executive Shuttle in Valdosta, Georgia, U.S.A. In the non-profit sector, he is a Board Director of the Japan Society of Northern California and the Keizai Society U.S. – Japan Business Forum, and he is an advisor to organizations such as the Chinese Information and Networking Association, the Silicon Valley – China Wireless Technology Association, and the International Foundation for Entrepreneurship in Science and Technology (iFEST). In 2010 he served as a consultant to The Indus Entrepreneurs (TiE) in regard to their establishment of a worldwide remote mentoring program for entrepreneurs. Dr. Dasher frequently gives speeches and seminars throughout Japan and Asia, as well as in the U.S. Recent appearances include the Nikkei Shimbun Business Innovation Forum, the Foreign Correspondents Club of Japan, speaking tours of Japan co-sponsored by METI and the U.S. Embassy in Tokyo, and guest lectures at Chubu University, Kochi University of Technology, Ritsumeikan Asia Pacific University, and the University of Tokyo.
From 1990–93, Dr. Dasher was a board director of two privately-held Japanese companies in Tokyo, at which he developed new business in international licensing of media rights packages and other intellectual properties. From 1986–90, he was Director of the U.S. State Department’s Foreign Service Institute advanced field schools in Japan and Korea, which provide full-time language and area training to U.S. and select Commonwealth country diplomats assigned to those countries. He received M.A. and Ph.D. degrees in Linguistics from Stanford University and, along with Prof. Elizabeth Closs Traugott, he is co-author of the often-cited book Regularity in Semantic Change (Cambridge University Press, 2002). He received the Bachelor of Music degree in clarinet and orchestra conducting from the San Francisco Conservatory of Music, where he served on the faculty from 1978-85.
Milan Svolik is an Assistant Professor in the Department of Political Science at the University of Illinois at Urbana-Champaign. He received his Ph.D. in the Department of Political Science at the University of Chicago in 2006.
His current research is in two main areas: i) the politics of authoritarian regimes and ii) the politics of democratic transitions and consolidation. His broader research interests are in comparative and international politics, particularly the political economy of institutions, formal political theory, and statistical methodology.
His research on the politics of authoritarian regimes consists of a series of papers that investigate power-sharing, institutions, leader survival, and accountability in authoritarian regimes. He has also collected original data on leadership change in authoritarian regimes and data on coups d'état across regime types. He is currently incorporating this research into a book manuscript, provisionally entitled The Politics of Authoritarian Rule.
CO-SPONSORED BY COMPARATIVE POLITICS
Encina Ground Floor Conference Room
Susan Hyde is an Assistant Professor of Political Science and International Affairs at Yale University, where she is affiliated with the MacMillian Center and the Institute for Social and Policy Studies. She earned her Ph.D. from the University of California, San Diego in 2006, and has held fellowships at the Brookings Institution in Washington, D.C. and Princeton University's Niehaus Center for Globalization and Governance. Her research interests include international influences on domestic politics, elections in developing countries, international norm creation, election manipulation, and the use of natural and field experimental research methods. Her current research explores the effects of international democracy promotion efforts, and her research has been published in World Politics, Comparative Political Studies, Perspectives on Politics, the Journal of Politics. She has recently completed a book entitled The Pseudo-Democrat's Dilemma: Why Election Monitoring Became an International Norm. She has served as an international observer with several organizations for elections in Albania, Indonesia, Nicaragua, Pakistan and Venezuela, and has worked for the Democracy Program at The Carter Center. She teaches courses on international organizations, democracy promotion, the global spread of elections, and the role of non-state actors in world politics.
CO-SPONSORED BY COMPARATIVE POLITICS
Encina Ground Floor Conference Room
Elias Muhanna is a PhD candidate in Near Eastern Languages & Civilizations at Harvard University and the author of QifaNabki.com, a blog devoted to Lebanese political affairs. He has written extensively on contemporary cultural and political affairs in the Middle East for several general-interest publications, including The Nation, Foreign Policy, The Guardian, The National, Mideast Monitor, World Politics Review, Bidoun, and Transition, and is regularly quoted in media outlets such as The New York Times, The Washington Post, The Financial Times, The Los Angeles Times, National Public Radio, The Christian Science Monitor, Slate, and Al-Jazeera International.
Encina Ground Floor Conference Room