[A2k] Question on excesive pricing as abuse of copyright

Jamie Love james.love at keionline.org
Mon Apr 18 15:46:00 PDT 2011

In 1996, I was part of a group that requested and obtained a
compulsory license on West Publishing, in part for refusal to license
citations to Hyperlaw, a small firm publishing CD-Roms with court
opinions.  See the Federal Register Notice here:


In 1997, I worked with Ralph Nader to push for an antitrust case
against Microsoft.   The court approved and supervised remedy in the
case involved compulsory license of software protocols as well as
compulsory licensing of the OS to OEMs.    Some background on this is
available here:


On Sun, Apr 17, 2011 at 2:34 PM, corporacion innovarte
<innovartecorporacion at gmail.com> wrote:
> Dear all
> To answer a question put forward by US, in a TRIPS  exam for a developing
> country,  do you have examples of US law or EU Law , where
> it would be possible to consider as an abuse of copyright the refusal to
> deal or excesive pricing, that might allow compulsory licensing by a judge?.
> Also resources to justify according to TRIPS such a provision, allowing a
> judge to grant compulsory licensing for publishing or translating a work
> when the rightholder refuses to grant a license  or the price is too high.
> Cheers
> --
> Luis Villarroel
> Director de Investigacion
> Corporación Innovarte
> Agustinas 1185 of. 88, Santiago, Chile.
> Fono: 56 2 6886926
> _______________________________________________
> A2k mailing list
> A2k at lists.keionline.org
> http://lists.keionline.org/mailman/listinfo/a2k_lists.keionline.org

James Love.  Knowledge Ecology International
http://www.keionline.org, +1.202.332.2670, US Mobile: +1.202.361.3040,
Geneva Mobile: +41.76.413.6584, efax: +1.888.245.3140.

More information about the A2k mailing list