Mr. Band has written extensively on intellectual property and electronic commerce matters. He co-authored Interfaces on Trial: Intellectual Property and Interoperability in the Global Software Industry (Westview Press 1995), a book concerning the unprotectability of software interface specifications and the permissibility of software reverse engineering. Interfaces on Trial received favorable reviews in 3 International Journal of Law and Information Technology 198 (1995), 15 Journal of International Law and Business 707 (1995), 20 New Matter 35 (1995), 9 Harvard Journal of Law and Technology 585 (1996), and 7 Law and Politics Book Review 206 (May 1997). Mr. Band co-authored a sequel, Interfaces on Trial 2.0 (MIT Press 2011). He then released the next volume in the series in electronic form, Interfaces on Trial 3.0: Oracle America v. Google and Beyond. 

Additionally, Mr. Band co-authored the chapters "Circumventing Barriers to Education: Educational Exemptions in the Triennial Rulemaking of the Digital Millennium Copyright Act," in Hobbs, The Routledge Companion to Media Education, Copyright, and Fair Use (Routledge 2018); "Overlapping Forms of Protection for Databases" in Wilkof & Basheer, Overlapping Intellectual Property Rights (Oxford 2012); and the chapter on publicity rights in Chisum & Jacobs, World Intellectual Property Guidebook—United States (Matthew Bender & Co. 1992). Mr. Band also authored or co-authored over 100 articles listed below.

Mr. Band’s articles have been used in many classes, including at the Harvard Law School, Business School and Kennedy School of Government; the Georgetown University Law Center; the New York University School of Law; Columbia University Law School; Massachusetts Institute of Technology; University of California, Berkeley, School of Information Management & Systems; and the Kellogg Graduate School of Management; Northwestern University.

Judge Posner cited one of Mr. Band's articles in Assessment Technologies of Wisconsin v. Wiredata, Inc., 350 F.3d 640, 645 (7th Cir. 2003). Mr. Band’s writings have been cited in journals published by the Harvard, Stanford, Columbia, Berkeley, UCLA, Hofstra, Buffalo, Brooklyn, Southern California, Oregon, Denver, Cardozo, Connecticut, New York, Florida, Chicago-Kent, Franklin Pierce, George Washington, Georgia State, Valpariso, Vanderbilt, Villanova, Virginia, Rutgers, Ohio State, Texas, Temple, Dickinson, and DePaul Law Schools, as well as the High Technology Law Review, Tech Law Journal, AIPLA Quarterly Journal, the National Law Journal, The Computer Lawyer, the Journal of Law and Commerce, and a study issued by the National Research Council.

The majority of these articles are in Adobe Acrobat PDF Format. If you do not have Adobe Acrobat Reader, it can be downloaded for free here.

Mr. Band authored or co-authored the following articles:

2020

• "Balanced Copyright in RCEP," infojustice.org (November 2020)

• "Justices Display Concern about Monopolization and Disruption in Google v. Oracle Oral Argument," Disruptive Competition Project (October 2020).

• "Preview of Supreme Court Oral Argument in Google v. Oracle," Disruptive Competition Project (September 2020).

• "Did Politics Influence the Solicitor General's Support for Oracle in the Google Litigation?,"Disruptive Competition Project (September 2020). 

• "Analysis of Woods and Myburgh Comments on CAB," Digital Commons, American University Washington College of Law (August 2020).

• "Supplemental Briefing in Google v. Oracle on Standard of Review," Disruptive Competition Project (August 2020).

• "Ambivalence to Fair Use in U.S. Trade Policy," Disruptive Competition Project (July 2020).

• "Copyright Office Recognizes Section 512's Impact on Users," Disruptive Competition Project (July 2020). 

• "Comments by WIPO Copyright Director Undermine IIPA's South Africa Petition," infojustice.org (June 2020).

• "Four Takeaways from Senate Judiciary Section 512 Hearing," Disruptive Competition Project (June 2020).

• "Supreme Court Orders Additional Briefing on Standard of Review in Google v. Oracle," Disruptive Competition Project (May 2020).

• "Why a National Emergency Library Would Have Been Unnecessary," Disruptive Competition Project (April 2020).

• "How Copyright Exceptions and Limitations Facilitate Social Distancing," Disruptive Competition Project (March 2020).

• "Oral Argument in Google v. Oracle Delayed," Disruptive Competition Project (March 2020).

• "Fair Use in South Africa," ARL Policy Notes (February 2020).

• "Harry Potter and the Circular Logic: Oracle and the Solicitor General's Supreme Court Briefs," Disruptive Competition Project (February 2020).

• "Thin Tech Industry Support for Oracle in Second Round of Supreme Court Briefing," Disruptive Competition Project (February 2020).

• "D.C. Circuit Rejects Sweeping Interpretation of Audio Home Recording Act," Disruptive Competition Project (January 2020).

• "Google v. Oracle: Setting the Record Straight," Disruptive Competition Project (January 2020).

• "Fair Use, Artificial Intelligence, and Creativity," Disruptive Competition Project (January 2020).

• "Broad Support for Google in First Round of Supreme Court Briefing," Disruptive Competition Project (January 2020). 

2019

• "Supreme Court Hears Oral Argument in Copyright Sovereign Immunity Case," Disruptive Competition Project (November 2019).

• "U.S. Gets it Wrong on Critical Software IP Case (Again)," Disruptive Competition Project (October 2019).

• "Section 230 and the Future of the Open Internet," Disruptive Competition Project (September 2019).

• "Trademark Decision Casts First Amendment Doubt on Hawley Bill" Disruptive Competition Project (June 2019). 

• "Resisting Expansion of the Audio Home Recording Act in AARC v. Denso," Disruptive Competition Project (June 2019).

• "VHT v. Zillow: Not All Search Is Equal?," Disruptive Competition Project (March 2019). 

• "Betty Ballantine and the Manufacturing Clause," ARL Policy Notes (February 2019).

• "Amicus Briefs Filed in Support of Google in Oracle Case," Disruptive Competition Project (February 2019). 

• "Google Petitions Supreme Court in Oracle Case (Round Two)," Disruptive Competition Project (January 2019).

• "Israel Copyright Amendments Authorize Blocking Orders," Disruptive Competition Project (January 2019).

• "Fourth Estate v. Wall-Street.com, Registration, and the Public Domain, Disruptive Competition Project (January 2019).

2018

• "The Implications of the ReDigi Decision for Libraries," ARL Policy Notes (December 2018).

• "Fortnite, Copyright, and Cultural Appropriation," Disruptive Competition Project (December 2018). 

• "ReDigi, First Sale, and the Power of Footnotes," Disruptive Competition Project (December 2018). 

• "The Gap Between Artistic Practice and Copyright Rhetoric," infojustice.org (December 2018).

• "Night Sight, Digital Photography, and Copyright," Disruptive Competition Project (November 2018).

•  "The Circuitous Journey of Circumvention Exceptions in Trade Agreements," Disruptive Competition Project (November 2018).

• "Expanded DMCA Exemptions Enhance Competition and Innovation," Disruptive Competition Project (October 2018) 

• "Cobbler Nevada v. Gonzales Provides Additional Clarity on Contributory Infringement," Disruptive Competition Project (September 2018)

• "Disney Fights Overzealous Copyright Holders With Fair Use," Disruptive Competition Project (August 2018).

• "Dutch Study Shows Importance of Business Innovation to Defeating Infringement," Disruptive Competition Project (August 2018).

• "Australian Copyright Law Thumbs Nose at U.S. Trade Commitments," Disruptive Competition Project (July 2018). 

• "Survey of Briefs in Support of Google's Rehearing Petition in Oracle Case," Disruptive Competition Project (June 2018).

• "Cautionary Tales About Collective Rights Organizations," infojustice.org (May 2018).

• "Oil States, Public Franchises, and Copyright," Disruptive Competition Project (April 2018).

• "The Global API Copyright Conflict," 31 Harvard Journal of Law & Technology 615 (2018).

• "The Federal Circuit Blows it Again in Oracle v. Google," Disruptive Competition Project (March 2018).

• "Motherless Repairs Some of Mavrix Damage," Disruptive Competition Project (March 2018).

• "Redbox, Misuse, and Theseus's Ship," Disruptive Competition Project (March 2018).

• "Can't Get Away From Fair Use," ARL Policy Notes (February 2018). 

• "Balanced Copyright in CPTPP and NAFTA," ARL Policy Notes (February 2018).

• "The Second Circuit's Fair and Balanced Fair Use Decision in Fox News v. TVEyes," Disruptive Competition Project (February 2018)

• "Fourth Circuit Decision in BMG v. Cox Provides Some Clarity on Contributory Infringement," Disruptive Competition Project (February 2018).

• "Ninth Circuit Allows Data-Mining in Rimini Decision," Disruptive Competition Project (January 2018).

• "Captured Copyright Law," infojustice.org (January 2018).

• "Amicus Briefs Support Arista in Cisco Litigation," Disruptive Competition Project (January 2018).

2017

• "False Analogies in the Oracle v. Google Oral Argument," Disruptive Competition Project (December 2017). 

• "Previewing Thursday's Oral Argument in Oracle v. Google in the Federal Circuit," Disruptive Competition Project (December 2017). 

• "In SAS Decision, Appellate Court Dodges Addressing Oracle," Disruptive Competition Project (October 2017). 

• "Keeping the DMCA's Grand Bargain in NAFTA," Disruptive Competition Project (September 2017).

• "VidAngel, ReDigi, and the Sale of Digital Content," Disruptive Competition Project (August 2017).

• "National Implementations of the Marrakesh Treaty," Association of Research Libraries Website (July 2017).

• "Interoperability and the Copyright Office's Section 1201 Report," Disruptive Competition Project (July 2017).

• "Digital Issues in NAFTA: Copyright Industry Comments on NAFTA," Disruptive Competition Project (June 2017).

• "SAS v. World Programming, Part II: The US Litigation," Computer Law Review International 3/2017 (June 2017).

• "Digital Issues in NAFTA: NAFTA and The Great Gatsby," Disruptive Competition Project (June 2017).

• "Amicus Briefs in Support of Fair Use in Oracle v. Google," Disruptive Competition Project (June 2017).

• "Fair Use and Other Exceptions," Trading in IP: Copyright Treaties and International Trade Agreements, 40 Columbia J. Law & Arts385 (2017).

• "Les Miserables and the Future of Publishing," Disruptive Competition Project (May 2017).

• "The Ninth Circuit's Erroneous Discouragement of Moderators in Mavrix v. LiveJournal," Disruptive Competition Project (April 2017).

• "Netflix: Monster or Super-Hero?" Disruptive Competition Project (March 2017).

• "Oracle v. Google? Again? Part II: Amici Recognize the Essential Nature of Fair Use," Disruptive Competition Project (March 2017).

• "Copyright Notice and Fair Use," ARL Policy Notes (February 2017).

• "Finding Fair Use in Unexpected Places," ARL Policy Notes (January 2017).

• "Software Copyright Litigation after Oracle v. Google," Disruptive Competition Project (January 2017). 

2016

• "The Copyright Office Report on Software-Enabled Consumer Products, Part II: Interoperability and Competition," Disruptive Competition Project (December 2016).

• "The Copyright Office Report on Software-Enabled Consumer Products: Nothing to See Here," Disruptive Competition Project (December 2016). 

• "A New Methodology for Assessing the Operation of Copyright Systems," Disruptive Competition Project (December 2016).

• "Fair Use as a Tool for Reining In Foreign Judges?'" Disruptive Competition Project (October 2016).

• "Oracle America v. Google: The Action Shifts Back to the Federal Circuit," Disruptive Competition Project (September 2016).

• "Dirty 30 Demonstrates Synergy Between the Internet and the Entertainment Industry," Disruptive Competition Project (September 2016). 

• "A New Approach to Copyright Exceptions and Limitations," ARL Policy Notes (August 2016).

• "The Real Challenges Facing the Television Industry," Disruptive Competition Project (August 2016).

• "Assessing the DMCA's Notice-and-Takedown Regime," ARL Policy Notes (July 2016).

• "Kirtsaeng v. Wiley and the Purpose of Copyright," Disruptive Competition Project (June 2016).

• "Sanity Prevails Again, Part II: The District Court Leaves the Oracle v. Google Fair Use Verdict in Place," Disruptive Competition Project (June 2016).

• "How the Internet Promotes Creativity in the Television Industry," Disruptive Competition Project (June 2016). 

• "Sanity Prevails Again: The Jury Verdict in Oracle v. Google," Disruptive Competition Project (May 2016).

• "Expecting the Unexpected: The Equitable Estoppel Defense in Oracle v. Google," Disruptive Competition Project (May 2016).

• "Thanks, But No Thanks: Evolving Library Perspectives on Orphan Works Legislation in the European Union and the United States," Fair Use Week Website (February 2016).  

• "Cha-cha-changes to the Application of Copyright Term," Disruptive Competition Project (January 2016).

• "Nothing New Under the Sun," ARL Policy Notes (January 2016).

• "Mein Kampf, The Diary of Anne Frank, and the Long Shadow of 20th Century Copyrights," Disruptive Competition Project (January 2016).

2015

• "What the Release of Star Wars: The Force Awakens Teaches Us About Copyright Policy: Part II," Disruptive Competition Project (December 2015).

• "What the Release of Star Wars: The Force Awakens Teaches Us About Copyright Policy: Part I," Disruptive Competition Project (December 2015).

• "Our Right to Knowledge: Legal Reviews for the Ratification of the Marrakesh Treaty for Persons With Print Disabilities in the Asia and the Pacific," United Nations Development Programme/World Blind Union (December 2015).

• "Impact of Specific Exception on Fair Use: An Update," infojustice.org (December 2015). 

• "Flexibility in the TPP Statutory Damages Provision," infojustice.org (November 2015).

• "A Green Light for Cloud Computing," Disruptive Competition Project (November 2015).

• "Evolution of the Copyright Exceptions and Limitations Provision in the Trans-Pacific Partnership Agreement," infojustice.org (October 2015).

• "John Fogerty, Santa Claus, and Publishers' Exploitation of Artists," Disruptive Competition Project (October 2015).

• "What Does Jurassic World's Opening Weekend Tell Us About International IP Policy?," Disruptive Competition Project (June 2015).

• "How Copying Promotes Creativity," Disruptive Competition Project (June 2015).

• "The Solicitor General's Peculiar Brief in Google v. Oracle," Disruptive Competition Project (June 2015).

• "What's Missing From the Register's Proposals?," ARL Policy Notes (April 2015).

• "Why Balanced Copyright is Essential for Creativity," Disruptive Competition Project (April 2015).

• "Broad City Shows How the Internet is Broadening the Entertainment Industry," Disruptive Competition Project (March 2015). 

• "The Complexity Dialectic: A Case Study From Copyright Law," infojustice.org (March 2015).

• "Ensuring that the Vulcan Salute Can Live Long and Prosper," Disruptive Competition Project (March 2015).

• "A Tale of Two Amendments to the Student Success Act," Disruptive Competition Project (March 2015).

• "Fair and Balanced Result in New Jersey Media Group v. Fox News Network," ARL Policy Notes (February 2015).

• "Fair Use: The Foundation of Jon Stewart's Success," Disruptive Competition Project (February 2015).

• "Fifty Shades of Fair Use," Disruptive Competition Project (February 2015).

• "What's Breaking Hollywood? It's Not Infringement," Disruptive Competition Project (January 2015). 

• "Should The Interview Remain in Copyright Until 2110?," Disruptive Competition Project (January 2015).

• "Fox v. Dish Networks Lays Some Aereo Concerns to Rest," Disruptive Competition Project (January 2015).

• "Rosen v. eBay: Fair Use Effectuating First Sale in the Digital Environment," Disruptive Competition Project (January 2015).

• "Costco v. Omega Decision Makes Clear That Copyright Neither Condones Nor Protects Anticompetitive Actions," Disruptive Competition Project (January 2015).

• "Unlocking the DMCA's Stranglehold on Essential Software," Disruptive Competition Project (January 2015).

• "Can You Copyright A Dream?," Politico (January 2015).

• "Supreme Court Reviews Google v. Oracle Petition; Interoperability Ruling Under Scrutiny," Disruptive Competition Project (January 2015).

• "Three Steps Taken toward a Reinterpreted Three-Step Test: The Impact of ACTA and SOPA on TPP," The ACTA and the Plurilateral Enforcement Agenda: Genesis and Aftermath (2015). 

2014

• "Paraphrasing Selma," Disruptive Competition Project (December 2014).

• "David and Project Goliath," infojustice.org (December 2014).

• "The Marrakesh Treaty: an EIFL Guide for Libraries," EIFL Website (December 2014).

• "The Protectability of Application Program Interfaces: Oracle America v. Google," 59 Journal of the Japanese Group of the International Association for the Protection of Intellectual Property 2 (October 2014).

• "How We Got To Now? Not Just with IP," Disruptive Competition Project (October 2014).

• "Hearing on Section 1201 of the DMCA: Cause for Cautious Optimism?," Disruptive Competition Project (September 2014).

• "Transformative Use and the Hearsay Rule," Disruptive Competition Project (September 2014).

• "The Enduring Power of Shared Entertainment Experiences," Disruptive Competition Project (September 2014).

• "Copyright Trolls and Willful Infringers: Not As Elementary As They Appear," Disruptive Competition Project (September 2014).

• "Twitch and Shout: Is Twitch's New Muting Policy Consistent with Fair Use? A Comparison of Sports and E-Sports," Disruptive Competition Project (August 2014).

• "Social Media's Increasing Role in the Content Experience," Disruptive Competition Project (August 2014).

• "Developments in Copyright: Unraveling the Puzzles Over Digital Content," Library and Book Trade Almanac (2014).

• "The End of the Cell Phone Unlocking Saga?," infojustice.org (August 2014).

• "What Does the HathiTrust Decision Mean for Libraries?," Library Copyright Alliance Website (July 2014).

• "Making Sense of Copyright's Volition Requirement After Aereo," Disruptive Competition Project (July 2014).

• "First Sale Hearing in the Big Apple," Disruptive Competition Project (June 2014). 

• "Software Interoperability: Harmonizing Copyright with Antitrust," Disruptive Competition Project (May 2014).

• "Further Reflections on Oracle v. Google," Disruptive Competition Project (May 2014).

• "The Federal Circuit's Poorly Reasoned Decision in Oracle v. Google," Disruptive Competition Project (May 2014).

• "Department of Homeland Security IP Seizure Statistics Reveal Misplaced Priorities or Misrepresentation," infojustice.org (May 2014). 

• "Still Profitable After All These Years," infojustice.org (April 2014).

•  "What Can We Deduce From the Oscars About The State of the Movie Industry?," Disruptive Competition Project (March 2014).

 •  "The Future of Fair Use of Authors Guild v. Google," Disruptive Competition Project (February 2014).

• "House of Cards: Assessing the Impact of Software Infringement on Manufacturing Competitiveness," Disruptive Competition Project (January 2014).

• "Infringement Risk in Copyright-Intensive Industries," infojustice.org (January 2014).

2013

• "The Cell Phone Unlocking Saga," infojustice.org (December 2013).

• "Complexities Evident in Today's Oral Argument in Oracle v. Google," Disruptive Competition Project (December 2013).

• "I Don't Think That Means What You Think It Means, Part II," Disruptive Competition Project (November 2013).

• "The Changing Textbook Industry," Disruptive Competition Project (November 2013).

•  "To Infinity and Beyond: Business Model Adaptation in the Video Game Industry," Disruptive Competition Project (October 2013).

• "Wikipedia's Economic Value," infojustice.org (October 2013).

• "Is More Competition a Solution to Theatre Woes?," Disruptive Competition Project (September 2013).

• "The 'I Have a Dream Speech' and Copyright Reform," Disruptive Competition Project (September 2013).

• "Restrictions on the Waiver of Rights," Association of Research Libraries Website (August 2013). 

• "CEO Compensation in Copyright-Intensive Industries," infojustice.org (August 2013).

• "The Domestic and Foreign Copyright Policies for Promoting the Creative Economy," Disruptive Competition Project (August 2013).

• "A User Guide to the Marrakesh Treaty," Library Copyright Alliance Website (August 2013). 

• "A Tale of Two Hearings," Disruptive Competition Project (August 2013).

• "Profitability of the Copyright-Intensive Industries," infojustice.org (June 2013). 

• "The Beijing Treaty on Audio-Visual Performances--An EIFL Briefing for Libraries," EIFL Website (June 2013).

• "The Impact of the Supreme Courts Decision in Kirtsaeng v. Wiley on Libraries," Library Copyright Alliance Website (April 2013).

• "The Fair Use/Fair Dealing Handbook," infojustice.org (March 2013) (in French).

• "Cell Phone Unlocking: A Legal Primer," Association of Research Libraries Website (March 2013).

• "Foreign Ownership of Firms in IP-Intensive Industries," infojustice.org (March 2013).

• "The SOPA-TPP Nexus," 28 Am. U. Int'l L. Rev. 31 (2013).

2012

• "The Impact of Substantial Compliance with Copyright Exceptions on Fair Use," 59 J. Copyright Soc'y 453 (2012).

• "The Oracle-Google Litigation: Interoperability Prevails Again," SSRN (December 2012).

• "Kirtsaeng v. Wiley," Library Journal (October 2012).

• "Cautionary Tales About Collective Rights Organizations." 21 Michigan State International Law Review 687 (2013). 

• "A New Day for Website Archiving 2.0," Association of Research Libraries Website (February 2012).

• "Golan v. Holder: A Farewell to Constitutional Challenges to Copyright Laws," Library Copyright Alliance Website (February 2012).

2011

• "A Guide for the Perplexed Part IV: The Rejection of the Google Books Settlement," American Library Association, Association of College and Research Libraries, Association of Research Libraries, and Library Copyright Alliance Websites (March 2011).