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). Additionally, Mr. Band 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 60 articles listed below.

Mr. Band’s articles have been used in classes 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; Kellogg Graduate School of Management; Northwestern University; University of Tennessee; Wayne State University Law School; Lewis & Clark Law School; and the University of California, Irvine, Department of Information and Computer Science.

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, Valpraiso, 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:

• "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).

• "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

• "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)

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

• "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)

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

• "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)

• "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)

• "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)

• "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)

• "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)

•"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)

• “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)

• “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)

• “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)

• “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)

• “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)

• “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)

• “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)

• "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)

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