Mark McKenna on Unfair Disruption

Mark McKenna on Unfair Disruption

Engelberg Center Innovation Policy Colloquium

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Professor Mark McKenna of Notre Dame Law School discussed his work, along with Professor Mark Lemley of Stanford Law School, on unfair disruption.  When disruption comes to an industry, incumbents often look to IP law to defend their position even if their concern is not really rooted in intellectual property protection.  Professors McKenna and Lemley’s work examines when courts should and should not consider this response reasonable, and how other areas of law have developed rules to prevent them from being used too broadly.The Aereo video service is discussed as an example of this type of disruption. You can find more background on Aereo here: https://en.wikipedia.org/wiki/Aereo
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Professor Mark McKenna of Notre Dame Law School discussed his work, along with Professor Mark Lemley of Stanford Law School, on unfair disruption.  When disruption comes to an industry, incumbents often look to IP law to defend their position even if their concern is not really rooted in intellectual property protection.  Professors McKenna and Lemley’s work examines when courts should and should not consider this response reasonable, and how other areas of law have developed rules to prevent them from being used too broadly.The Aereo video service is discussed as an example of this type of disruption. You can find more background on Aereo here: https://en.wikipedia.org/wiki/Aereo
...Read More