Yeh, Brian T.
Most widely held works by Brian T Yeh
An overview of recent U.S. Supreme Court jurisprudence in patent law by Brian T Yeh ( Book )
7 editions published between 2007 and 2010 in English and held by 21 libraries worldwide
Copyright protection of digital television the broadcast video flag by Brian T Yeh ( Book )
3 editions published in 2007 in English and held by 17 libraries worldwide
In November 2003, the Federal Communications Commission (FCC) adopted a rule that required all digital devices capable of receiving digital television (DTV) broadcasts over the air, and sold after July 1, 2005, to incorporate technology that would recognize and abide by the broadcast video flag, a content-protection signal that broadcasters may choose to embed into a digital broadcast transmission as a way to prevent unauthorized redistribution of DTV content. However, in October 2004, the American Library Association and eight organizations representing a large number of libraries and consumers filed a lawsuit that challenged the power of the FCC to promulgate such a rule. In May 2005, the United States Court of Appeals for the District of Columbia Circuit ruled in American Library Association v. Federal Communications Commission that the FCC had exceeded the scope of its delegated authority in imposing the broadcast flag regime, and the court thus reversed and vacated the FCC's broadcast flag order. Parties holding a copyright interest in content transmitted through DTV broadcasts, in particular broadcasters and television program creators, remain concerned about the unauthorized distribution and reproduction of copyrighted DTV content and thus continue to advocate the adoption of a broadcast video flag. However, several consumer, educational, and technology groups raise objections to the broadcast flag because, in their view, it would place technological, financial, and regulatory burdens that may stifle innovation, limit the consumer's ability to use DTV broadcasts in accordance with the Copyright Act's "fair use" principles, and possibly frustrate the use of digital television content by educators and librarians in distance education programs. This report provides a brief explanation of the broadcast video flag and tis relationship to digital television and summarizes the American Library Association judicial opinion. The report also examines a legislative proposal introduced in the 109th Congress, the Digital Content Protection Act of 2006, which appeared as portions of two bills, S. 2686 and H.R. 5252 (as reported in the Senate), that would have expressly granted statutory authority to the FCC under the Communications Act of 1934 to promulgate regulations implementing a broadcast video flag system. Although not enacted, these bills represent approaches to authorizing the broadcast video flag system that may be of interest to the 110th Congress.
USA PATRIOT Improvement and Reauthorization Act of 2005 (H.R. 3199) a legal analysis of the conference bill by Brian T Yeh ( Book )
3 editions published in 2006 in English and held by 16 libraries worldwide
The USA PATRIOT Improvement and Reauthorization Act of 2005, H.R. 3199, as reported by the Conference Committee, H. Rept. 109-333 (2005), consists of seven titles. Among other things, Title I makes permanent 14 USA PATRIOT Act sections scheduled to expire on February 3, 2006 as well as the terrorism support amendments scheduled to expire on December 31, 2006. It amends and postpones until December 31, 2009 the expiration of the act's sections 206 and 215 relating to Foreign Intelligence Surveillance Act (FISA) orders for roving wiretaps and access to business records. It extends the temporary FISA "lone wolf" provision to the same date. It clarifies and amends the "National Security Letter" statutes in a manner designed to ensure their constitutional viability and for other purposes. It authorizes court orders approving wiretapping in the course of investigations of a number of terrorism-related offenses. As for other proposals reported out of conference, Title II revives the death penalty as a sentencing option for air piracy murders committed between 1974 and 1994, permits certain terrorists to be sentenced to a lifetime of supervision following their release from prison, and eliminates the redundant capital punishment procedures found in the Controlled Substances Act. It does not include the other capital punishment adjustments found in the bill which the House sent to conference. Title III carries forward the anti-terrorism, anti-crime proposals found in a separate freestanding seaport protection bill. Title IV reflects in modified form House and Senate suggestions for amending federal confiscation laws and other money laundering adjustments. Titles V and VI of the Conference bill contain provisions added in conference and not previously included in either House or Senate version of H.R. 3199, some of which - like the habeas amendments in the case of state death row inmates, the adjustments in the role of the Office of Intelligence Policy and Review in the FISA process, or the new Secret Service offenses - may prove controversial. Title VII, likewise inserted by the conferees, follows the course of separate bills considered in the House and Senate that seek to curtail illicit methamphetamine production and its consequences through grant programs, enhanced criminal penalties, and preventing the diversion of over-the-counter cold remedies and other sources of precursor chemicals for use in illegal manufacturing.
USA PATRIOT Improvement and Reauthorization Act of 2005 (H.R. 3199) a side-by-side comparison of existing law, H.R. 3199 (Conference), and H.R. 3199 (Senate passed) by Brian T Yeh ( Book )
3 editions published in 2005 in English and held by 16 libraries worldwide
By virtue of Section 224 of the USA PATRIOT Act, P.L. 107-56 (2001), several of the act's amendments to the Foreign Intelligence Surveillance Act, 50 U.S.C. 1801-1862, and the Electronic Communications Privacy Act, 18 U.S.C. 2510-2522, 2701-2712, 3121-3127, were scheduled to expire on December 31, 2005, 115 Stat. 295 (2001). S. 2167 postpones the expiration dates of those provisions and of Section 6001 of the Intelligence Reform and Terrorism Prevention Act of 2004 ("lone wolf" amendment), 118 Stat. 3742 (2004), until February 3, 2006. The version of the USA PATRIOT Improvement and Reauthorization Act of 2005, H.R. 3199, which the Senate sent to conference, primarily addresses the provisions scheduled to expire and related matters such as the issuance of "national security letters" under 18 U.S.C. 2709. The version of H.R. 3199 upon which the conferees agreed represents a compromise between the Senate version and the version passed by the House. The conference bill also contains provisions, amended by the conferees in several instances, that originated in the House but that in some cases have been considered in the Senate under separate legislative proposals. These include sections relating to the death penalty, seaport security, combating terrorism financing, and methamphetamine abuse. No subsequent revision of this report is anticipated at this time. Related CRS reports include CRS Report RS22348, USA PATRIOT Improvement and Reauthorization Act of 2005 (H.R. 3199): A Brief Look, by Brian T. Yeh and Charles Doyle.
Influenza antiviral drugs and patent law issues by Brian T Yeh ( Book )
3 editions published between 2005 and 2006 in English and held by 16 libraries worldwide
The potential for a worldwide influenza pandemic caused by bird flu has generated public interest in the availability and affordability of influenza antiviral medications such as the prescription drug Tamiflu. The possibility of a pandemic flu outbreak has contributed to a surge in orders for Tamiflu, as countries attempt to stockpile sufficient countermeasures. Initially, there was considerable concern that the owner of the exclusive right to manufacture the patented drug, the Swiss pharmaceutical company Roche, Inc., lacked the production capacity to meet the needs of these governments worldwide. In response to the heightened demand for the drug, as well as bowing to pressure from world leaders, politicians, and health officials, Roche boosted Tamiflu production in 2006 by signing agreements with more than 15 external contractors in 10 different countries to manufacture the drug. In addition, Roche has donated "rapid response" supplies of Tamiflu to the World Health Organization for establishing regional stockpiles to contain or slow the spread of a pandemic. This report identifies and analyzes the patent law aspects of the avian influenza drug situation. First, the report explains the role that patent rights play in affecting the availability of Tamiflu. Second, the report examines options for increasing the drug's production, including the possibility of governments abrogating Roche's patent rights by issuing compulsory licenses to other drug companies to manufacture generic versions of Tamiflu without Roche's consent. Such option is available to countries under the Trade-Related Aspects of Intellectual Property (TRIPS) Agreement, a component of the treaties that created the World Trade Organization (WTO) in 1995. The U.S. government's authority to declare compulsory licenses is Section 1498(a) of Title 28 of the U.S. Code. It is contended that such suspension of Roche's patent rights to Tamiflu are necessary to mass produce the drug to meet the enormous demand, but this proposition has been challenged. Other legal mechanisms to increase the supply of, and lower the price for, Tamiflu include voluntary licensing agreements with other pharmaceutical companies.
Intellectual property rights violations federal civil remedies and criminal penalties related to copyrights, trademarks, and patents by Brian T Yeh ( Book )
4 editions published between 2007 and 2008 in English and held by 15 libraries worldwide
USA PATRIOT Improvement and Reauthorization Act of 2005 a sketch by Brian T Yeh ( Book )
3 editions published in 2006 in English and held by 15 libraries worldwide
"Several sections of the USA PATRIOT Act and one section of the Intelligence Reform and Terrorism Prevention Act of 2004 were originally scheduled to expire on December 31, 2005; however, Congress extended their expiration date until March 10, 2006. In July 2005, both Houses approved USA PATRIOT reauthorization acts, H.R. 3199 and S. 1389, and the conference committee filed a report accompanying H.R. 3199, H.Rept. 109-333. A separate bill, the USA PATRIOT Act Additional Reauthorizing Amendments Act of 2006 (S. 2271), provides civil liberties safeguards not included in the conference report. Both H.R. 3199 and S. 2271 were signed into law (P.L. 109-177 and P.L. 109-178) by the President on March 9, 2006." p. 1.
Excited utterances, "testimonial" statements, and the confrontation clause by Brian T Yeh ( Book )
3 editions published in 2005 in English and held by 15 libraries worldwide
USA PATRIOT Act Additional Reauthorization Amendments Act of 2006 (S. 2271) by Brian T Yeh ( Book )
4 editions published in 2006 in English and held by 14 libraries worldwide
USA PATRIOT Improvement and Reauthorization Act of 2005 (H.R. 3199) a brief look by Brian T Yeh ( Book )
4 editions published between 2005 and 2006 in English and held by 14 libraries worldwide
Mootness an explanation of the justiciability doctrine by Brian T Yeh ( Book )
2 editions published in 2007 in English and held by 14 libraries worldwide
Satellite digital audio radio services and copyright law issues by Brian T Yeh ( Book )
2 editions published in 2006 in English and held by 14 libraries worldwide
Government access to phone calling activity and related records : legal authorities by Elizabeth B Bazan ( Book )
4 editions published in 2006 in English and held by 11 libraries worldwide
A Congressional Research Service (CRS) report for Congress: "This report will summarize statutory authorities regarding access by the Government, for either foreign intelligence or law enforcement purposes, to information related to telephone calling patterns or practices. Where pertinent, we will also discuss statutory prohibitions against accessing or disclosing such information, along with relevant exceptions to those prohibitions."
The Digital Millennium Copyright Act exemptions to the prohibition on circumvention by Kate Manuel ( Book )
1 edition published in 2007 in English and held by 7 libraries worldwide
Congress passed the Digital Millennium Copyright Act (DMCA) in 1998, in part, to help copyright owners protect their exclusive rights against infringement facilitated by digital technologies, including the Internet. Section 1201 of the DMCA outlaws circumvention of any access control devices, such as password codes, encryption, and scrambling, that copyright owners may use to protect copyrighted works. The DMCA's prohibition on circumvention is not absolute, however. In addition to several statutory exceptions to the general anti-circumvention provision, the DMCA authorizes the Librarian of Congress, upon the recommendation of the Register of Copyrights, to grant temporary exemptions in order to ensure that the public may use certain copyrighted works in non-infringing ways, including engaging in "fair use" of such works.
General overview of U.S. copyright law by Brian T Yeh ( Book )
3 editions published in 2008 in English and held by 5 libraries worldwide
USA PATRIOT improvement and reauthorization act of 2005 a legal analysis by Brian T Yeh ( Book )
2 editions published in 2006 in English and held by 3 libraries worldwide
"Several sections of the USA PATRIOT Act and one section of the Intelligence Reform and Terrorism Prevention Act of 2004 were originally scheduled to expire on December 31, 2005. In July 2005, both Houses approved USA PATRIOT reauthorization acts, H.R. 3199 and S. 1389, and the conference committee filed a report, H.Rept. 109-333. A separate bill, the USA PATRIOT Act Additional Reauthorizing Amendments Act of 2006 (S. 2271), provided civil liberties safeguards not included in the conference report. Both H.R. 3199 and S. 2271 were signed into law (P.L. 109-177 and P.L. 109-178) by the President on March 9, 2006." p. 2.
Orphan works" in copyright law by Brian T Yeh ( Serial )
in English and held by 3 libraries worldwide
This report surveys the findings and conclusions in the U.S. Copyright Office's report on orphan works and legislation introduced to address the problem. Orphan works are copyrighted works whose owners are difficult or impossible to identify and/or locate. The goal of the report was to elicit public comment and evaluate the extent of real or perceived problems that content users encounter in their efforts to use these works.
Platform equality and remedies for rights holders in Music Act of 2007 (S. 256) section-by-section analysis by Kate Manuel ( Book )
1 edition published in 2007 in English and held by 3 libraries worldwide
Copyright exemptions for distance education 17 U.S.C. SS 110(2), the Technology, Education, and Copyright Harmonization Act of 2002 by Jared Huber ( Book )
1 edition published in 2006 in English and held by 3 libraries worldwide
The Technology, Education, and Copyright Harmonization Act of 2002 (TEACH Act) updated 17 U.S.C. SS 110(2), the first distance education exemption under copyright law, to permit accredited nonprofit institutions to transmit copyrighted works during distance education programs without having to obtain the prior permission of the copyright holder, under certain limited conditions and limitations placed on the ability to use exempted for distance education purposes, the conditions and limitations placed on the ability to use exempted works, the exemption eligibility requirements for distance educators and students, the limitations on copyright infringement liability of eligible claimants, and the mandatory procedural requirements that transmitting institutions must follow to safeguard copyrighted materials from infringement. In addition, the report examines the potential effect on the rights granted by the TEACH Act that may be posed by the proposed "broadcast flag," a content protection technology designed to limit copying, editing, retention, and other activities regarding the use of digitally broadcast television programs.
Legal issues relating to the disposal of dispensed controlled substances by Brian T Yeh ( Book )
4 editions published in 2009 in English and held by 2 libraries worldwide
Admissible evidence Chemicals--Safety measures Civil penalties Civil rights Cocaine abuse--Government policy Communications Act of 1934 (United States) Computer software--Law and legislation Constitutional law Copyright Copyright and distance education Copyright and electronic data processing Copyright--Broadcasting rights Copyright--Electronic information resources Copyright infringement--Prevention Copyright licenses Copyright--Music Cosmetics--Law and legislation Defense (Criminal procedure) Design protection Digital Millennium Copyright Act (United States) Digital television--Law and legislation Disclosure of information--Law and legislation Discrimination in criminal justice administration Electronic intelligence Electronic surveillance--Law and legislation Evidence, Criminal Evidence, Hearsay Fraud--Prevention Handbooks, manuals, etc. Influenza vaccines Intellectual property Intellectual property (International law) Intellectual property infringement Intelligence service--Law and legislation Judicial power Letting of contracts--Government policy Narcotics National security National security--Law and legislation Patent laws and legislation Patent suits Peanut products Prison sentences--Government policy Public contracts--Law and legislation Satellite radio services Telecommunications Act of 1996 (United States) Terrorism--Prevention United States Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (United States) Video recordings--Fair use (Copyright)