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Patent exhaustion is a doctrine that excuses infringement where the patent holder has either authorized the sale of a patented item or licensed its use or sale. Absent an effective contractual restriction, the patent holder's rights in the patented item are exhausted and the patent holder cannot sue for infringement based on further use or resale of the item. This Article explores the question of whether patent exhaustion adheres in the patented device or if it is a defensive doctrine that only adheres to the benefit of particular parties. Traditionally courts have articulated the doctrine as liberating the accused product from patent rights, allowing it to pass through the stream of commerce to subsequent users with all rights exhausted. With respect to actual holdings, however, the Federal Circuit recently concluded that exhaustion has only excused infringement in the case law where the claim of infringement was against an "authorized acquirer" of the device, or against a party accused of inducing or contributing to the infringement of such an authorized acquirer. Apparently a third party can be liable for infringement by unwittingly taking action that facilitates the end user's use of the device for its intended purpose, even if the device is licensed to perform that function. This Article argues that the exhaustion doctrine should not be limited to shielding authorized acquirers of a patented device or any other particular classes of persons. The Supreme Court has never pronounced such a limitation on the doctrine. Rather, the Court has consistently characterized exhaustion as adhering in the patented device itself, allowing it to pass unimpeded through the stream of commerce to be used for its intended purpose. A conception of patent exhaustion as adhering in the patented device is supported by all of the policy theories that have been used to justify the doctrine. The exhaustion doctrine has traditionally been justified by (1) a policy to retain the balance between the need to encourage invention and the harm of a limited monopoly by ensuring that the inventor does not receive double recovery for the value of the patented invention and (2) the policy against restraints on alienation of servitudes. Recently scholars have argued that the patent exhaustion doctrine serves a third purpose: to guard the domain of the federal patent law, such that it does not interfere with the general commercial law of contracts. In fact, the Supreme Court has long embraced all three theories as supporting patent exhaustion. Moreover, all three theories support a concept of patent exhaustion as adhering in the patented device. If the purpose of the exhaustion doctrine is to police the domain of intellectual property statutes, such that they do not interfere with commercial law, then the ability of patent holders to police the use of downstream goods is properly limited by contract law rules such as privity of contract and unconscionability. Patent rights must be exhausted to avoid interference with those laws. If the exhaustion doctrine is justified by the related statutory domain policy against overcompensation for patent holders for the use of their patented inventions, then third parties should not be charged for interacting with patented devices for which the patent holders have already received market - based compensation. If the exhaustion doctrine is justified by the common law policy against restraints on alienation of chattels, then exhaustion adheres in the patented goods, such that they may move down the stream of commerce unimpeded with restrictions on their lawful and intended uses. [ABSTRACT FROM AUTHOR]

The editorial section is the perfect space to investigate the identity of newspapers, as it reflects their ideological position. For this reason, this work analyses the editorial position on climate change of two highly prestigious newspapers: The New York Times (United States), which is a reference for the Anglo-Saxon world, and El País (Spain), which is a reference for the Spanish-speaking world. Both newspapers seem to share a similar editorial stance, in the sense that they both accept the consensus on climate change and support the objectives set in the Kyoto Protocol in relation to the emission of greenhouse gases (GHG). However, the analysis of the editorials published over the fourteen years between the two climate summits, held in Kyoto and Durban, shows that political polarization has taken precedence over the need to spread public awareness about the seriousness of climate change. This implies that the editorial agendas of these newspapers are not giving importance to the dissemination of the causes of climate change, and are generally not providing opinions based on reliable and fully identified scientific sources. [ABSTRACT FROM AUTHOR]

Abstract: Knowledge and consumption of the fine arts were once considered symbolic of upper class standing. As cultural production has expanded, fine art products in various guises have become accessible to more people across the socioeconomic spectrum. This article looks at how the New York Times covered the American art scene in the 1950s and between 2000 and 2009 to investigate whether reporting has maintained a knowledge-based approach that provides evidence for the continuation of class status as it relates to writing about the arts. We argue that critics and reporters have used fungibility, social hierarchies, and disinterested language during these two time periods to maintain the role of the fine arts as a marker of social distinction. [Copyright &y& Elsevier]

For over 25 years the Sudan and the United States have had a contentious relationship. In 1986 several international human rights organisations pointed to the re-emergence of the practice of slavery in the Sudan. Past research by American media has shown that journalists tend to use routine channels and American government officials, especially those from the ‘golden triangle’ (the White House, Pentagon and State Department) when covering stories related to foreign countries. However, in the case of the Sudan there was no clear American foreign policy for an extended period of time. Consequently, there was a stark absence of reporting on the slavery issue in the two elite American newspapers (the New York Times and the Washington Post) examined in this study. Furthermore, even when the topic was covered the sources used defined the issue through an American perspective, rather than within an historical and geopolitical context. [ABSTRACT FROM PUBLISHER]

This article discusses the history of leaking secret documents from United States federal agencies in light of similar events that occurred in 2010 by Australian journalist Julian Assange, founder of WikiLeaks, a website dedicated to publishing classified information. It examines the role of the newspaper "The New York Times," which had published the secret government report titled "The Pentagon Papers" about U.S. involvement in the Vietnam War in the 1970s. The author questions the act of revealing classified information and the effects it could have on national security.

The Tiananmen crackdown on the pro-democracy movement in 1989 was a decisive event that has provided an enduring prism for the world media to interpret China. This article examines how two of the most preeminent U.S. newspapers—New York Times and Washington Post—editorially invoked Tiananmen as a “news icon” in the past twenty years. We contend that the meanings of Tiananmen were reconstructed over twenty years partly but not completely in line with the changes in the United States’ policy toward China. Specifically, Tiananmen symbolized Communist dictatorship in the initial years after 1989 and then became an example of China’s human rights abuse in the late 1990s. Into the 2000s, the significance of Tiananmen faded away. But it remained as part of United States’ ritualistic memory of China’s repression that invokes the moral bottom line of U.S. foreign policy. In theoretical terms, this study shows how a news icon, in the course of an extended life cycle, may exhibit both continuities and changes in its meanings, and there can also be subtle variations in the relationships between a news icon and the dominant power structure over time. [ABSTRACT FROM AUTHOR]

The article focuses on the News Literacy Project (NLP), a program in the U.S. that gives students the skills to assess the reliability and credibility of news and information. It says that NLP is one of the national efforts that are needed to address the overwhelming amount and partiality of news and information from different sources and to create an informed and engaged public. It states that the project was collaborated by several news organizations, including New York Times Co., Washington Post Co., and Chicago Tribune Co., that work with teachers on major themes and engagement. The article presents an interview with student Courtney Griffin of Reavis School in Chicago, Illinois on what she learned from NLP.

Sourcing is a bedrock routine of American journalism, but little is known about how it may have evolved over time. This exploratory study combines social scientific and historical methods to examine sourcing in New York Times coverage of two incidents separated by decades: the Japanese invasion of Manchuria in 1931, and the Russian invasion of Chechnya in 1994. We find that while official sources have long been a mainstay of American reporting abroad, correspondents in the more recent case also made greater use of local eyewitnesses and media sources. Archival research and interviews reveal the contextual factors shaping these changes. [ABSTRACT FROM AUTHOR]

This study employs Anderson's thesis of the imagined community as a heuristic to explain the formation of a national media sphere in the journalistic domain. Based on the argument that nationalistic sentiment continues to serve as an identity anchor in the contemporary global era during times of crisis, this study maps the emergence of a national 'mediascape' in The New York Times's coverage of media industries following the historic plane crashes of 11 September 2001 in the US. The properties of an imagined community as delineated by Anderson -- boundaries (limits), sovereignty (autonomy) and community (ideological proximity) -- constituted the primary categories of analysis for examining the peak coverage of media industries in the three months following the crisis. The analyses demonstrate the mechanisms in the coverage through which a national mediascape was constructed at this time, drawing global media within the national fold. [ABSTRACT FROM AUTHOR]

Previous studies have shown that a small number of Supreme Court decisions that “rearrange[d] the ... distribution of political benefits” have drawn the media's attention to the underlying issues involved in those cases. This article provides an additional test of that empirical claim, examining the effects of the Supreme Court's gay rights cases on media coverage of homosexuality from 1990 to 2005. The data indicate that Supreme Court decisions that expanded the scope of gay rights increased coverage of homosexuality in both The New York Times and USA Today, while cases that affirmed the existing scope of gay rights had no such effect. [ABSTRACT FROM AUTHOR]

The article discusses a court case wherein the U.S. Court of Appeals for the 4th Circuit relied upon an expansive application of the limited-purpose public figure exception doctrine to dismiss a defamation claim against New York Times Co. It says such a doctrine of the defamation law originates from the actual malice standard of the Supreme Court. The 4th Circuit stressed the need for courts to concentrate on whether a plaintiff qualifies for public official or public figure status. Its explanation for the ruling is given.

Ombudsmen are profoundly a part of the ethos of newspaper journalism. In this essay, I argue that Daniel Okrent's tenure as the public editor of "The New York Times" provides American journalism and individual ombudsmen a model by which to meet part of the ethical standard Meyers (2000) posits. I assume that individual ombudsmen should assert moral authority in the position through a persuasive use of rhetorical ethos. The ethical appeals of Okrent and Michael Getler, ombudsman at the "Washington Post," were compared. Despite structural and institutional similarities in the positions, Okrent's ethical appeal fits Meyers' model and Getler's does not. [ABSTRACT FROM AUTHOR]

The article offers information on the court case between Doctor Steven Jay Hatfill and the New York Times. It discusses the claim of Hatfill of defamation and intentional infliction of emotional distress against a staff of the New York Times, Nicholas D. Kristof, as well as its dismissal by a U.S. District Court. It also talks about his other claims against media defendants. The claim against Kristof was because of the report written by him on the investigation for Anthrax attacks.

Presents Keynote addresses delivered during the 2001 MLA Convention of the Council of Editors of Learned Journals in the U.S. concerning electronic publications. Facts of the 'New York Times' versus Jonathan Tasini case; Implications of the U.S. Supreme Court ruling and reasoning of the Tasini case on publishing electronic databases; Details on offering poetry for free to the world through an anthology of online poetry.

Focuses on efforts of newspapers to relieve Philadelphia's, Pennsylvania public transit system of a government sponsored competitor. Precondition to freedom of speech in a society according to law scholar Rodney A. Smolla; Reason for which New York Times Co. and Gannett Satellite Information Network Inc. filed suit against South Eastern Pennsylvania Transit Authority (SEPTA) in the U.S. District Court; SEPTA's historical approach to restricting expression.

Focuses on the decision of the Supreme Court in the New York Times Co. versus Tasini case of copyright law in electronic database. Transfer of privilege from the publishers to database providers; Separation of the database analysis; Importance of author rights in the modern copyright law.

Presents data from the Libel Defense Resource Center regarding libel litigation against the United States media. Decision of the Supreme Court in the case `New York Times' versus L.B. Sullivan; Categories of the data; Number of libel trials involving the media in 1999; Percentage of defendants that convinced trial judges to change trial outcomes.

Focuses on the case of Jonathan Tasini versus The New York Times. Definition of collective work by the United States Copyright Act; Summary of the case; Contention of the first district court decision; Reasons for the reversal of the first district decision; Implications of the case for intellectual property rights protection.

Focuses on the decision of the U.S. Supreme Court on the libel case of New York Times Co. versus Sullivan in 1964. Overview of the case; Arguments on the case; Advantages to plaintiffs and defendants of the no-money, no-fault libel suit.

The article discusses the legal issues concerning the concept of strict liability under the First Amendment of the U.S. Constitution in 1987-1988. The decision of the U.S. Supreme Court in the case "New York Times v. Sullivan" is highlighted which stresses the protection of the press that speaks in good faith from the threat of libel. A brief overview of the First Amendment is offered which also supports the censorship of student newspapers by school officials. Summaries of court rulings in other cases involving free press are presented which include "Boos v. Barry et al.," "Richard Shapero v. Kentucky Bar Association" and "City of St. Louis v. Praprotnik."

Presents a study on the characterization of acts of political violence or terrorism in the "Los Angeles Times," the "New York Times" and the "Washington Post" newspapers from 1980 to 1985. Reason for undertaking the study; Categories into which the characterizations encountered in the study were dichotomized; Procedure used to select incidents included in the study from among entries in the newspaper indices; Difference existing in the ways media personnel, government officials and witnesses characterize acts of political violence.

Five political generations in the U.S. national electorate are identified utilizing the theory of operant conditioning. The party identification of 11,312 white registered voters from the 1980 New York Times/CBS News poll series is examined for these generations within social status (education) groupings. [ABSTRACT FROM AUTHOR]

It has been argued that the mass media, especially television, have encouraged a new dominance of "show horses" over "work horses" in Congress, particularly since the beginning of televised floor proceedings in 1979. This paper tests the hypothesis, best stated by Austin Ranney and Norman Ornstein, that the media provide a resource easily accessible to all members, against the thesis derived from studies of news organizations that the media concentrate on members in structured positions of authority to provide dependable daily news copy. An analysis of mentions in the nightly television news demonstrates that individual House members have become much more frequently covered between 1969 and 1982. However, while access has become more equalized, multivaxiate analyses of mentions in the nightly news and in the New York Times in the 95th and 96th Congresses (1977-1980), both before and after the introduction of televised floor proceedings, support the contention that media coverage of members of Congress continues to converge on authoritative sources. Congressional newsmakers are usually members of long standing or in leadership positions; what one does in office seems less important for attracting coverage than who one is. The media may then constitute more of a resource than a hindrance for congressional leadership. [ABSTRACT FROM AUTHOR]

Develops a microeconomic planning model to forecast sales and earnings for the New York Times newspaper. Elements of a newspaper model; Evaluation of the impact of changes in internal and external conditions on newspaper earnings; Integration of the financial, production and marketing activities of each division; Applications of the model in planning and budgeting.

The article discusses several cases decided by the U.S. Supreme Court and pending issues during the 1969 Term of the First Amendment. It states that the first case resolved by the Supreme Court involved the libelous statements of "New York Times" against public figures and public officials. It mentions that the case Greenbelt Cooperative Publishing Association v. Bresler in 1970, where in the local newspaper charged Bresler with "blackmail." It adds that three cases which involve criminal syndicalism, criminal anarchy, and other related speech-action offenses were upheld because the old precedents are no longer valid.

The article presents U.S. legal cases and developments in marketing relative to the regulation of channels of distribution. In reference to the operating features of marketing institutions the Raymond S. O'Riordan v. Long Island Board of Realtors, Inc., et al. case is cited. This case focused on the legality of tying arrangements. In reference to the relationships between buyers and sellers the Alpert's Newspaper Delivery Inc., et al. v. The New York Times, Co., William Cohen and Sons, Inc. dba Quality Foods v. All American Hero, Inc. et al., Gregoris Motors v. Nissan Motor Corp. in USA et al., Edward R. Van Meter v. American State Bank, and Seaward Yacht Sales, Ltd. v. Murray Christ-Craft Cruisers, Inc., et al. cases are cited.

The article presents legal developments in marketing with particular focus on the regulation of channels of distribution. One development describes the case of Rutman Wine Co. v. E. & J. Gallo Winery, in which the court found that the termination of one distributor to create an exclusive distributorship does not, by itself, create a monopoly. Another development discusses the case of Rosemary Belfiore, et al. v. The New York Times Co., et al. In this case, the Times was accused of creating a monopoly of advertising by instituting direct home delivery of its newspapers. The courts found that the Times was distinct from newspaper wholersalers, and granted judgment for the Times.