Publications


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). Additionally, Mr. Band co-authored the chapter "Overlapping Forms of Protection for Databases" in Wilkof & Basheer, Overlapping Intellectual Property Rights (Oxford 2012); and contributed 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:

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).

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 Audiovisual 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

• "The Book Rights Registry in the Google Book Settlement," 34 Columbia Journal of Law & the Arts 671 (2011).

• "The Lawfulness of HathiTrust's Use of Orphan Works," Association of Research Libraries Website (2011).

• "The Rejection of the Google Books Settlement," Computer Law Review International (August 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).

• "The Impact of the Supreme Court's Decision in Costco v. Omega on Libraries," Library Copyright Alliance Website (January 2011).

2010
• "Justice Stevens Invented the Internet," Computer & Communications Industry Association Website (April 2010).

• "GBS March Madness: Paths Forward for the Google Books Settlement," Library Copyright Alliance Website (March 2010).

• "Streaming of Films for Education Purposes," Library Copyright Alliance Website (February 2010).

2009
• "The Long and Winding Road to the Google Books Settlement" 9 J. Marshall Rev. Intell. Prop. L. 227 (2009).

• "A Guide for the Perplexed Part III: The Amended Settlement Agreement," American Library Association, Association of College and Research Libraries, and Association of Research Libraries Websites (November 2009).

• "The Google Settlement: International Implications," Computer Law Review International (June 2009).

• The Three P's: A Tribute to Duane Webster," 9 portal: Libraries and the Academy 367 (2009).

• "A Guide for the Perplexed Part II: The Amended Google-Michigan Agreement," American Library Association, Association of College and Research Libraries, and Association of Research Libraries Websites (June 2009).

• "The Google Settlement and Higher Education: Imminent Deadlines," NACUANotes (April 2009).

2008
• "A Guide for the Perplexed: Libraries & the Google Library Project Settlement," American Library Association and Association of Research Libraries Websites (November 2008).

• "The Hobgoblin Argument: An Inconsistent Approach to Intellectual Property Damages," The Computer & Internet Lawyer (November 2008).

• "How Fair Use Prevailed in the Harry Potter Case," American Library Association and Association of Research Libraries Websites (September 2008), Landslide (May/June 2009).

• "Plumbing the Depths of the Communications Decency Act's Safe Harbor: Recent Decisions in the Seventh and Ninth Circuits," Computer Law Review International (August 2008).

• "Publish AND Perish? Protecting Your Copyrights From Your Publisher," American Society for Cell Biology Newsletter (May 2008).

• "Israel Now Has The Right Copyright Law," Jerusalem Post (March 28, 2008).

• "Google and Fair Use," 3 J. Bus. & Tech. L. 1 (2008).

2007
• "Educational Fair Use Today," Association of Research Libraries Website (December 2007).

• "The Perfect 10 Trilogy," Computer Law Review International (October 2007).

• "USA: ISP Liability for Third Party Contents -- Perfect 10, Inc. v. CCBill LLC et al.," Computer Law Review International (August 2007).

• "Fair Housing Council v. Roommates.com," [2007] E-Commerce Law Reports 6

• "Perfect 10 v. Google," [2007] E-Commerce Law Reports 12

2006
• "A New Day for Website Archiving: Field v. Google and Parker v. Google," Association of Research Libraries Website (November 2006).

• Jerry Leiber v. Consumer Empowerment, [2006] E-Commerce Law Reports 22.

• "Perfect 10 v. Google," E-Commerce Law Reports 22 (2006)

• "Grokster in the International Arena," Computer Law Review International (February 2006)

• "The Google Library Project: Both Sides of the Story," Plagiary: Cross-Disciplinary Studies in Plagiarism, Fabrication and Falsification 1(2) (2006)

• "The Google Library Project: The Copyright Debate," American Library Association Office for Information Technology Policy Brief (January 2006)   (in Spanish)

2005
• "Copyright Owners v. The Google Library Project," 17 Entertainment Law Review 21 (January 2006), Journal of Internet Banking and Commerce (December 2005).

• "BMG Music v. Cecilia Gonzalez," (2005) E-Commerce Law Reports 14

• "Caught in a Blizzard," Journal of Internet Law (November 2005)

• "So What Does Inducement Mean?" The Computer & Internet Lawyer (November 2005)

• "Australian Court Finds for Music Company," E-Commerce Law and Strategy (October 2005)

• "The Google Print Library Project: A Copyright Analysis," E-Commerce Law & Policy (August 2005), Journal of Internet Banking and Commerce (December 2005).

• "Peer-to-Peer: The Supreme Court Showdown," Electronic Business Law (July 2005)

• "The Blackmun Papers: A Peek Behind the Scenes of a Quarter of a Century of Supreme Court Jurisprudence," 28 Columbia Journal of Law and the Arts 315 (2005)

• "MGM v. Grokster: Balancing Creativity and Innovation," E-Commerce Law & Policy (June 2005)

• "American Library Association v. Federal Communications Commission," [2005] E-Commerce Law Reports 16.

• "The Database Debate in the 108th Congress: The Saga Continues," 27 European Intellectual Property Review 205 (2005)

• "Dastar, Attribution, and Plagiarism," 33 AIPLA Quarterly Journal 1 (2005)

• "A New Perspective on Temporary Copies: The Fourth Circuit's Opinion in CoStar v. LoopNet," 2005 Stanford Technology Law Review 1 (2005)

• “MGM v Grokster: Supreme Court Set to Join the Battle,” E-Commerce Law & Policy (March 2005)

• "The Grokster Playlist," Electronic Commerce & Law Report (March 2005)

• "Database Debate in the 108th Congress: Deja Vu All Over Again," The Computer & Internet Lawyer (January 2005)

2004
• "A New Day for the DMCA: The Chamberlain and Lexmark Decisions," Electronic Commerce & Law Report (November, 2004)

• "How to Temper the Excesses of the DMCA," Legal Times (October 2004)

• "Response to the Coalition Against Database Piracy Memorandum," The Computer & Internet Lawyer (May 2004)

2003
• "Members of Congress Declare War on P2P Networks," Journal of Internet Law (October 2003)

• “Toward a Bright-Line Approach to [Trademark] sucks.com,” The Computer & Internet Lawyer (July 2003)

• "Backlash: Legislative Responses To Entertainment Industry Initiatives in the 107th Congress," Journal of Internet Law (March 2003)

• "New Theories of Database Protection," Managing Intellectual Property (March 2003)

2002
• "Banning Hate Speech Poses Hidden Risks," The Jerusalem Report (December 2002)

• "Congress Unknowingly Undermines Cyber-Security," San Jose Mercury (December 2002)

• "Vigilantes on the Cyberspace Frontier: The Berman P2P Bill," Asian IP (September 2002)

• "Convention Raises Issues For ISPs," National Law Journal (July 2002)

• "Safe Harbors Against the Liability Hurricane: The Communications Decency Act and the Digital Millennium Copyright Act," 20 Cardoza Arts & Entertainment Law Journal 295 (2002)

• "Closing the Interoperability Gap: NCCUSL's Adoption of a Reverse Engineering Exception in UCITA," The Computer & Internet Lawyer (May 2002)

• "The USA-PATRIOT Act," Computer Und Recht International (February 2002)

2001
• "Database Cases Decided During the 106th Congress: Underprotection or Overprotection?" 32 West Los Angeles Law Review 201 (2001)

• "The Database Protection Debate in the 106th Congress," 62 Ohio State Law Journal 869 (2001)

• “The Copyright Paradox,” Brookings Review (Winter 2001); MCN Spectra (Fall 2001)

2000
•"Beyond Napster; Debating the Future of Copyright On the Internet," 50 American University Law Review 371 (2000)

• “Rules to Live By: The Ninth Circuit’s Decision in Sony v. Connectix,” Stanford Technology Law Review (June 2000)

• “The Problem With UCITA,” ipnetwork.com (June 2000)

•“Should Public Policy Support Open Source Software?” The American Prospect.org (April 2000)

• “The Database Protection Debate in the United States,” AAAS Science Technology Policy Yearbook and Derecho Y Nuevas Tecnolgias (in Spanish) (2000)

• “Paragraph 52: A Window into Judge Jackson’s Findings of Fact,” The Computer Lawyer (March 2000)

• “Software Reverse Engineering Amendments in Singapore and Australia,” Journal of Internet Law (January 2000)

1999
• “The Superhighway to Jericho: Good Samaritan Laws,” Journal of Internet Law (August 1999)

• “The New US Anti-Circumvention Provision: Heading in the Wrong Direction,” Computer Law and Security Report (July-August 1999)

• “Making the World Safe for Databases,” IP Magazine (April 1999)

• “The New Anti-Circumvention Provisions in the Copyright Act: A Flawed First Step,” Cyberspace Lawyer (Feb. 1999)

• “Peace At Last? Executive and Legislative Branch Endorsement of Recent Software Copyright Case Law,” The Computer Lawyer (Feb. 1999)

• “The Digital Millennium Copyright Act: A Balanced Result,” European Intellectual Property Review (Feb. 1999); Stanford Technology Law Review (Sept. 1999); and 37 Institute of Intellectual Property (Spring 1997) (in Japanese);

• “Armageddon on the Potomac: The Collections of Information Antipiracy Act,” D Lib (Jan. 1999)

• “The Digital Millennium Copyright Act,” World Intellectual Property Report (Dec. 1998), Computer Law Reporter (Jan. 1999), and Electronic Banking Law and Commerce Report (Jan. 1999)

1998
• “The WIPO Copyright Treaty: A New International Intellectual Property Framework for the Digital Age,” in The Annual Review of Communications (International Engineering Consortium 1998)

• “Congress Makes Little Progress on New Intellectual Property Bills,” The Intellectual Property Strategist (March 1998)

• “Gunboat Diplomacy on the Pearl River: The Tortuous History of the Software Reverse Engineering Provisions of Hong Kong’s New Copyright Bill,” The Computer Lawyer (February 1998)

• “Battle Lines Form Over WIPO Copyright Bills,” National Law Journal (Jan. 26, 1998)

• “Competing Definitions of ‘Openness’ on the GII,” in The Unpredictable Certainty: Information Infrastructure Through 2000 (National Research Council 1997)

1997
• “The Economic Espionage Act: A Review of Its Application in Year One,” The Corporate Counselor (Nov. 1997)

• “The Left Hand and the Right Hand,” Total News (Oct. 1997)

• “Interoperability in the Pacific Rim: Reversal of Fortunes in Singapore and Australia,” Journal of Proprietary Rights (July 1997)

• “Sui Generis Database Protection: Is It Really Necessary?,” New Matter (Spring/Summer 1997)

• “Internet Indecency Decision Points Way to Future Copyright Rulings,” Intellectual Property Strategist (July 1997)

• “Sui Generis Database Protection,” The Far Cry (Summer 1997)

• “Balanced Intellectual Property Rights for the Digital Age: The New WIPO Copyright Treaty,” Global Networking 97 (Proceedings of the Global Networking ‘97 Conference) (1997)

• “Sui Generis Database Protection: Has Its Time Come?,” D-Lib (June 1997)

•“New U.S. Law Hits at Foreign Theft of Trade Secrets,” IP Worldwide (Jan./Feb. 1997)

1996
• “You Say Misuse, I Say Fair Use,” The Computer Lawyer (Nov. 1996)

• “Conflict in Commonwealth Courts: A Review of Recent Software Interoperability Decisions in Singapore and Australia,” Journal of Proprietary Rights (July 1996)

• “Interoperability in the Pacific Rim: Decisions in Singapore and Australia,” Computer Industry Litigation Reporter 22575 (July 1996)

• “Online Service Provider Liability,” International Commercial Litigation (April 1996)

• “Interoperability After Lotus v. Borland: The Ball Is in the Lower Courts Again,” The Computer Lawyer (March 1996)

• “Throwing Out the Baby with the Bathwater, or Can Congress Prohibit Anticopy Circumvention Devices Without Preventing Legitimate Copying?,” 23 Computer Law Reporter 7 (March 1996)

• “Oral Argument in Lotus Foreshadows Outcome,” Intellectual Property Strategist (Jan. 1996)

1995
• “Liability: The Web’s Big Worry,” San Francisco Examiner (Oct. 18, 1995)

• “Interoperability Down Under: The Australian Copyright Law Review Committee’s Final Report,” The Computer Lawyer (July 1995)

• “From the Green Paper to the White Paper: Intellectual Property and the National Information Infrastructure,” IV-6 International Legal Strategy 43 (June 1995) (in Japanese) and The Annual Review of Communications (International Engineering Consortium 1996) (in English)

• “Lotus v. Borland Viewed Through the Lens of Interoperability,” The Computer Lawyer (June 1995) and Computer Law and Practice 135 (1995)

• “Protection of Computer Programs Under Japanese Copyright Law,” in Tricks of the Trade: Intellectual Property in the United States and Japan (IC2 Institute 1995)

• “Competing Definitions of Openness on the NII,” in Standards Policy for Information Infrastructure (MIT Press 1995)

• “Intellectual Property Issues in the Multimedia Industry,” in the Annual Review of Communications (International Engineering Consortium 1994-95)

1994
• “Matrox Electronic Systems v. Gaudreau,” 6 European Intellectual Property Review D-138 (1994)

• “A Brave New World? Intellectual Property Litigation in the Multimedia Industry,” in Forging the Link: Market - Technology - Policy (Proceedings of the Multimedia Communications ’93 Conference) and in Japanese in 22 Journal of the Japanese Institute of International Business 695 (1994)

1993
• “The Marshall Papers: A Peek Behind the Scenes at the Making of Sony v. Universal,” 17 Columbia-VLA Journal of Law & the Arts 427 (1993)

• “Computer Associates Crosses the Atlantic and Lake Ontario: Richardson v. Flanders and Delrina v. Triolet,” The International Computer Lawyer (June 1993)

• “The Fair Use Bill: A Funny Thing Happened on the Way to Congress,” The Computer Lawyer (March 1993)

1992
• "The Impact of the U.S. Presidential Election on U.S.-Japan Relations," Stakeholders (December 1992)(in Japanese)

• “The U.S. Decision in Computer Associates v. Altai Compared to the EC Software Directive: Transatlantic Convergence of Copyright Standards Favoring Software Interoperability,” Computer Law and Practice 137 (1992)

• “The Proposed EC Database Directive: The Reversal of Feist v. Rural Telephone?,” The Computer Lawyer (June 1992)

1991
• “Feist v. Rural Telephone: The Beginning of the End of Software Overprotection?,” The Computer Lawyer (July 1991)


Praise for
Interfaces on Trial 2.0:

"a very valuable contribution to the literature on interoperability..."


"...a model for engaged scholarship..."


"...of great interest not only to specialists but also to general readers interested in the future of technology policy."


"...the authors succeed in making difficult, technical, or abstract concepts clear and concrete."



Praise for
Interfaces on Trial:

"...a well written, thoroughly researched history of the interoperability debate...."


"...a book that scholars, lawyers, and business professionals can find informative, interesting and useful...."


"...a readable account of a fascinating debate...."


"...an important and timely contribution to the field...."


"... a useful framework for understanding and analyzing the computer interface interoperability debate...."


"Band and Katoh are especially adept at making complex legal and technical issues understandable."