About this author

Ray Nimmer

Ray Nimmer has no picture Dean Ray Nimmer, the Leonard H. Childs Professor of Law, helped build the Law Center's Intellectual Property & Information Law Institute into one of the nation's top programs. The author of twenty books and numerous articles, the first edition of his book The Law of Computer Technology received a national book award from the Association of American Publishers in 1985 and is currently in its third edition. He has also published a book on Information Law (West) and The Law of Electronic Commercial Transactions (Pratt & Sons, 2003) with Holly Towle. His most recent book, published in 2005 by West, is Modern Licensing Law, coauthored with Jeff Dodd. It is in its second edition. Professor Nimmer is a frequent speaker at programs in this country and overseas in the areas of intellectual property, business and technology law. He was the co Reporter to the Drafting Committee on Revision of U.C.C. Article 2 and the reporter for the Uniform Computer Information Transactions Act (UCITA). He is a consultant to the National Science Foundation and the Office of the Legal Advisor of the U.S. State Department. In addition to his expertise in technology issues, he is a expert in areas of business law. He is the author of a four volume treatise on Commercial Asset Based Financing and was a Contributing Editor for a leading multi volume treatise on bankruptcy law. He is admitted to practice in Illinois and Texas as well as the United States Supreme Court. He is as a member of the American Law Institute, the Texas Bar Foundation, and the American College of Commercial Finance Attorneys. He is listed in Who's Who in America, Who's Who in Law, the International Who's Who of Internet Lawyers, and the International Who's Who of Business Lawyers. Contact: RNimmer@uh.edu
Articles By This Author

Copyright content providers lose control of DVR market

Who should derive revenue from remote DVR systems? According to a panel of the Second Circuit Court of Appeals, the revenue should not go to the content providers. This decision, grounded in three very narrow interpretations of the Copyright Act, works a shift of potentially significant revenue away from content providers. Hopefully, it will be challenged and reversed on rehearing.

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Does the future of patent law portend compulsory licensing by judicial fiat?

I hope not, but that is one risk created by the Supreme Court’s decision in the Ebay case and by the actions of some courts who have denied permanent injunctions in successful infringement cases. But the fact that a permanent injunction does not issue after a judgment of infringement does not mean that the infringer (by losing the case) obtains a right to use the patent owner’s property in the future.  It simply means that the court declined to add the coercive force of an injunction to the statutory right to exclude as to future infringing conduct.

           

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Standards Setting Organizations: deference to the market

Many industries function under technological standards that shape the technology, the products, and the focus of competition. But standards-setting groups have become competition focuses themselves, such as in the debate about “open document” versus “open xml” as a standard. 

 

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E-Commerce should not be over-regulated

We wake up one morning and discover that a question we have been asking for the last decade or two may now be the wrong one. The question was: how can we use law to enable businesses to use e-commerce? The question now seems to be: how can we shape law to support e-commerce without over-regulating it?

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Reverse engineering is not an inviolate right

Reverse engineering is not an inviolate right

      Actually, contracts control. I can have a privilege to do something, but then can waive that privilege. So too the privilege to make limited copies for purposes of some forms of reverse engineering.

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