Patrick Spaulding Ryan - Academia.edu (original) (raw)
Papers by Patrick Spaulding Ryan
Social Science Research Network, Jan 3, 2004
... 600 RIW Höft 8/2003 Wenglorz/Ryan, USA: „Die Katze in der Mikrowelle?" beschrieben wurde... more ... 600 RIW Höft 8/2003 Wenglorz/Ryan, USA: „Die Katze in der Mikrowelle?" beschrieben wurde. ... Die Frage der Verhängimg von punitive damages liegt allein im Ermessen des Gerichts; es gibt kei-nen selbstständigen Anspruch des Opfers auf Zahlung von punitive damages. ...
Social Science Research Network, 2023
In this essay (written in Dutch), the authors describe the NextWave case and draw conclusions fro... more In this essay (written in Dutch), the authors describe the NextWave case and draw conclusions from its application to the future of spectrum auctions in the United States and Europe.
This article (written in French) examines the origins of the mythical 'cat in the microwave&#... more This article (written in French) examines the origins of the mythical 'cat in the microwave' case that is so often discussed abroad. This case is, in reality, little more than a legal 'urban legend.' Other urban legends exist, such as the 'real' McDonald's Coffee Spill case, which was settled out-of-court and for which the true facts and outcome are generally unknown. More importantly, the case has no jurisprudential value. The article proposes alternatives for teaching of U.S. tort law abroad.
The pharmaceutical market in Europe, in its present circumstances, is not organized according to ... more The pharmaceutical market in Europe, in its present circumstances, is not organized according to the principles of free trade to which other products are subjected. Under this situation, the owners of trade-marks have tried to develop price and market strategies consistent with their interests and with their commercial plans. This article (written in Spanish) examines the adjustment of conflicts of interests that have developed between protectionism and free trade within the pharmaceutical sector, which includes matters related to economic policies and legal regulation. The author analyzes the Act on Intellectual Property of the European Union and studies the rights of those who own a trade-mark, seeking to avoid the re-labeling of parallel importers.
Social Science Research Network, Jun 4, 2012
The International Telecommunications Union (ITU) is renegotiating its treaty with the 193 countri... more The International Telecommunications Union (ITU) is renegotiating its treaty with the 193 countries of the world, and it hopes to expand from the telecommunications arena into the Internet. However, there’s one major problem with this shift in mandate: The ITU is a closed organization and has been for nearly 150 years. The ITU’s rules and processes may have worked for the old state-run telecom monopolies, but they cannot work in regulating the Internet, where standards have been developed in an open manner since its inception. Thus, in order to gain legitimacy with the Internet community, the ITU will need to (1) open its processes for review and comment by civil society, academics, the private sector, and the public; (2) make its TIES database freely and publicly accessible for review and comment; and (3) allow multistakeholder participation in developing standards and protocols, particularly where other groups (like the IETF) are actively developing standards.
bepress Legal Series, 2005
Social Science Research Network, Mar 21, 2006
Social Science Research Network, Jun 17, 2004
Social Science Research Network, 2023
Global Jurist Advances, Jan 2, 2003
American lawyers who live in Europe will often note that they find themselves in the line-of-fire... more American lawyers who live in Europe will often note that they find themselves in the line-of-fire of their European colleagues who expect them to explain the sometimes bizarre twists of law and politics in the U.S.A. This article deals with one of many topics which arise in these discussions, the topic of punitive damages. Unfortunately, the U.S. system of laws regarding punitive damages is widely misunderstood. It is the authors proposition that much of the misunderstanding in Europe can be traced to examples in the European press. Here, there is a tendency to take highly publicized trial-level decisions, extrapolate from them, and incorrectly interpret them as a full function of U.S. law. This phenomenon is not unlike the many urban legends which have recently given rise to many popular books and web sites on urban legends. The article discusses the facts and dispels many of these cases, notably the fictional pet in microwave case, and the real but legally irrelevant McDonalds coffee spill case. Examples of false reports in the European press are discussed. To help bring clarity to the topic of punitive damages, the author discusses in detail the case law arising from the U.S. Supreme Court case BMW v. Gore. This Supreme Court decision demonstrates that there are legally binding standards in the U.S. for the application of punitive damages. The author proposes that the case of BMW v. Gore is a much better example of the full-functioning of the U.S. legal system than the far more popular McDonalds case and others which make sensational headlines, but which have no jurisprudential value.
German Law Journal, May 1, 2003
Computer Law & Security Review, Oct 1, 2012
The "cloud" is not new, and its roots go back to the original plans for computing from ... more The "cloud" is not new, and its roots go back to the original plans for computing from the 1950s. Now that computing is moving back to the original cloud-based models that were envisioned more than 60 years ago, with it, consumers are realizing the increases in security and safety that accompany the move to centralized servers. Yet the perception of “trust” in this context is often still formed by views that people have from their use of computers over the past two decades, which is localized in nature (“if I can see it, I can control it”). This view is based on perception more than fact. Our paper discusses different views of trust in other contexts (such as banking and travel) and concludes that users of cloud computing should recast their view of trust in a similar way that consumers of banking and travel have changed their perceptions of trust in the last 100 years.
The John Marshall Journal of Information Technology & Privacy Law, 2005
Social Science Research Network, 2004
In this chapter we share a perspective from the private sector stakeholders and participants in t... more In this chapter we share a perspective from the private sector stakeholders and participants in the development of the Internet Governance Forum (IGF) over the last 10 years. We begin by stressing the role private enterprise has and wants to play in the Internet’s development. Notwithstanding the sine qua non condition of the private sector providing the Internet’s infrastructure and services, we lay out our argument for Internet governance as a shared responsibility of governments, civil society and the private sector. In the second half of the chapter we list why participation at the IGF is beneficial for companies, followed by an analysis of opportunities to strengthen the IGF as an institution and enhance its impact in the short term. We then close our chapter with a proposal meant to improve the long-term utility and effectiveness of the IGF by developing its three core functions: (1) identify emergent and continuously evolving issues; (2) frame them as modular and solvable cha...
Next-Generation Ethics, 2019
Modern engineering and technology have allowed us to connect with each other and even to reach th... more Modern engineering and technology have allowed us to connect with each other and even to reach the moon. But technology has also polluted vast areas of the planet and empowered surveillance and authoritarian governments with dangerous tools. There are numerous cases where engineers and other stakeholders routinely ask what they are capable of inventing, and what they actually should invent. Nuclear weapons and biotechnology are two examples. But when analyzing the transformations arising from less controversial modern socio-technological tools – like the Internet, smartphones, and connected devices, which augment and define our work and social practices – two very distinct areas of responsibility become apparent. On the one hand, a question arises around the values and practices of the engineers who create the technologies. What values should guide their endeavors and how can society promote good conduct? On the other hand, there are questions regarding the effects of people using these technologies. While engineering and design choices can either promote or hinder commendable social behavior and appropriate use, this chapter will focus on the first question.
This paper examines (1) recent decisions to implement open standards and open source software, (2... more This paper examines (1) recent decisions to implement open standards and open source software, (2) Microsoft’s current response to these decisions, and (3) the possible effect of these decisions on Microsoft’s market dominance. In particular, this paper compares and contrasts the Microsoft Open XML standard with the OASIS OpenDocument standard. It also considers some recent government announcements to adopt open source solutions, including OpenDocument. Furthermore, the paper analyzes Microsoft’s previous approach to open standards, its refusal to support OpenDocument in favor of its own Open XML format, and its recent decision to submit Open XML to a standards body for certification. Our study concludes that, while Microsoft will likely continue to maintain its market dominance, the open source and open document movements will benefit consumers and create a more competitive environment.
In this article, we will analyze the fundamental basis for the regulation of the spectrum as it h... more In this article, we will analyze the fundamental basis for the regulation of the spectrum as it has been described by numerous scholars in the past few decades. Specifically, we will explore the concept of "scarcity" from economic, sociopolitical, and legal perspectives. As the reader will quickly gather, this article advances a spectrum management philosophy that decries unwarranted centrally planned command-and-control systems and espouses market liberalism. Of course, the world is awash with literature describing the failures of centralized planning. Given that the spectrum continues to be managed under a centralized regime, we will nonetheless take another opportunity to consider some of these failures. In so doing, we will draw numerous analogies and metaphors, some (perhaps many) of them imperfect, that will help us to understand the core principles that we will examine. In fact, we will discuss this topic at length to (1) clarify the reasons that traditional principles no longer applies as it has in the past and (2) impart an alternate concept that embraces modern economic and regulatory principles.
Social Science Research Network, Jan 3, 2004
... 600 RIW Höft 8/2003 Wenglorz/Ryan, USA: „Die Katze in der Mikrowelle?" beschrieben wurde... more ... 600 RIW Höft 8/2003 Wenglorz/Ryan, USA: „Die Katze in der Mikrowelle?" beschrieben wurde. ... Die Frage der Verhängimg von punitive damages liegt allein im Ermessen des Gerichts; es gibt kei-nen selbstständigen Anspruch des Opfers auf Zahlung von punitive damages. ...
Social Science Research Network, 2023
In this essay (written in Dutch), the authors describe the NextWave case and draw conclusions fro... more In this essay (written in Dutch), the authors describe the NextWave case and draw conclusions from its application to the future of spectrum auctions in the United States and Europe.
This article (written in French) examines the origins of the mythical 'cat in the microwave&#... more This article (written in French) examines the origins of the mythical 'cat in the microwave' case that is so often discussed abroad. This case is, in reality, little more than a legal 'urban legend.' Other urban legends exist, such as the 'real' McDonald's Coffee Spill case, which was settled out-of-court and for which the true facts and outcome are generally unknown. More importantly, the case has no jurisprudential value. The article proposes alternatives for teaching of U.S. tort law abroad.
The pharmaceutical market in Europe, in its present circumstances, is not organized according to ... more The pharmaceutical market in Europe, in its present circumstances, is not organized according to the principles of free trade to which other products are subjected. Under this situation, the owners of trade-marks have tried to develop price and market strategies consistent with their interests and with their commercial plans. This article (written in Spanish) examines the adjustment of conflicts of interests that have developed between protectionism and free trade within the pharmaceutical sector, which includes matters related to economic policies and legal regulation. The author analyzes the Act on Intellectual Property of the European Union and studies the rights of those who own a trade-mark, seeking to avoid the re-labeling of parallel importers.
Social Science Research Network, Jun 4, 2012
The International Telecommunications Union (ITU) is renegotiating its treaty with the 193 countri... more The International Telecommunications Union (ITU) is renegotiating its treaty with the 193 countries of the world, and it hopes to expand from the telecommunications arena into the Internet. However, there’s one major problem with this shift in mandate: The ITU is a closed organization and has been for nearly 150 years. The ITU’s rules and processes may have worked for the old state-run telecom monopolies, but they cannot work in regulating the Internet, where standards have been developed in an open manner since its inception. Thus, in order to gain legitimacy with the Internet community, the ITU will need to (1) open its processes for review and comment by civil society, academics, the private sector, and the public; (2) make its TIES database freely and publicly accessible for review and comment; and (3) allow multistakeholder participation in developing standards and protocols, particularly where other groups (like the IETF) are actively developing standards.
bepress Legal Series, 2005
Social Science Research Network, Mar 21, 2006
Social Science Research Network, Jun 17, 2004
Social Science Research Network, 2023
Global Jurist Advances, Jan 2, 2003
American lawyers who live in Europe will often note that they find themselves in the line-of-fire... more American lawyers who live in Europe will often note that they find themselves in the line-of-fire of their European colleagues who expect them to explain the sometimes bizarre twists of law and politics in the U.S.A. This article deals with one of many topics which arise in these discussions, the topic of punitive damages. Unfortunately, the U.S. system of laws regarding punitive damages is widely misunderstood. It is the authors proposition that much of the misunderstanding in Europe can be traced to examples in the European press. Here, there is a tendency to take highly publicized trial-level decisions, extrapolate from them, and incorrectly interpret them as a full function of U.S. law. This phenomenon is not unlike the many urban legends which have recently given rise to many popular books and web sites on urban legends. The article discusses the facts and dispels many of these cases, notably the fictional pet in microwave case, and the real but legally irrelevant McDonalds coffee spill case. Examples of false reports in the European press are discussed. To help bring clarity to the topic of punitive damages, the author discusses in detail the case law arising from the U.S. Supreme Court case BMW v. Gore. This Supreme Court decision demonstrates that there are legally binding standards in the U.S. for the application of punitive damages. The author proposes that the case of BMW v. Gore is a much better example of the full-functioning of the U.S. legal system than the far more popular McDonalds case and others which make sensational headlines, but which have no jurisprudential value.
German Law Journal, May 1, 2003
Computer Law & Security Review, Oct 1, 2012
The "cloud" is not new, and its roots go back to the original plans for computing from ... more The "cloud" is not new, and its roots go back to the original plans for computing from the 1950s. Now that computing is moving back to the original cloud-based models that were envisioned more than 60 years ago, with it, consumers are realizing the increases in security and safety that accompany the move to centralized servers. Yet the perception of “trust” in this context is often still formed by views that people have from their use of computers over the past two decades, which is localized in nature (“if I can see it, I can control it”). This view is based on perception more than fact. Our paper discusses different views of trust in other contexts (such as banking and travel) and concludes that users of cloud computing should recast their view of trust in a similar way that consumers of banking and travel have changed their perceptions of trust in the last 100 years.
The John Marshall Journal of Information Technology & Privacy Law, 2005
Social Science Research Network, 2004
In this chapter we share a perspective from the private sector stakeholders and participants in t... more In this chapter we share a perspective from the private sector stakeholders and participants in the development of the Internet Governance Forum (IGF) over the last 10 years. We begin by stressing the role private enterprise has and wants to play in the Internet’s development. Notwithstanding the sine qua non condition of the private sector providing the Internet’s infrastructure and services, we lay out our argument for Internet governance as a shared responsibility of governments, civil society and the private sector. In the second half of the chapter we list why participation at the IGF is beneficial for companies, followed by an analysis of opportunities to strengthen the IGF as an institution and enhance its impact in the short term. We then close our chapter with a proposal meant to improve the long-term utility and effectiveness of the IGF by developing its three core functions: (1) identify emergent and continuously evolving issues; (2) frame them as modular and solvable cha...
Next-Generation Ethics, 2019
Modern engineering and technology have allowed us to connect with each other and even to reach th... more Modern engineering and technology have allowed us to connect with each other and even to reach the moon. But technology has also polluted vast areas of the planet and empowered surveillance and authoritarian governments with dangerous tools. There are numerous cases where engineers and other stakeholders routinely ask what they are capable of inventing, and what they actually should invent. Nuclear weapons and biotechnology are two examples. But when analyzing the transformations arising from less controversial modern socio-technological tools – like the Internet, smartphones, and connected devices, which augment and define our work and social practices – two very distinct areas of responsibility become apparent. On the one hand, a question arises around the values and practices of the engineers who create the technologies. What values should guide their endeavors and how can society promote good conduct? On the other hand, there are questions regarding the effects of people using these technologies. While engineering and design choices can either promote or hinder commendable social behavior and appropriate use, this chapter will focus on the first question.
This paper examines (1) recent decisions to implement open standards and open source software, (2... more This paper examines (1) recent decisions to implement open standards and open source software, (2) Microsoft’s current response to these decisions, and (3) the possible effect of these decisions on Microsoft’s market dominance. In particular, this paper compares and contrasts the Microsoft Open XML standard with the OASIS OpenDocument standard. It also considers some recent government announcements to adopt open source solutions, including OpenDocument. Furthermore, the paper analyzes Microsoft’s previous approach to open standards, its refusal to support OpenDocument in favor of its own Open XML format, and its recent decision to submit Open XML to a standards body for certification. Our study concludes that, while Microsoft will likely continue to maintain its market dominance, the open source and open document movements will benefit consumers and create a more competitive environment.
In this article, we will analyze the fundamental basis for the regulation of the spectrum as it h... more In this article, we will analyze the fundamental basis for the regulation of the spectrum as it has been described by numerous scholars in the past few decades. Specifically, we will explore the concept of "scarcity" from economic, sociopolitical, and legal perspectives. As the reader will quickly gather, this article advances a spectrum management philosophy that decries unwarranted centrally planned command-and-control systems and espouses market liberalism. Of course, the world is awash with literature describing the failures of centralized planning. Given that the spectrum continues to be managed under a centralized regime, we will nonetheless take another opportunity to consider some of these failures. In so doing, we will draw numerous analogies and metaphors, some (perhaps many) of them imperfect, that will help us to understand the core principles that we will examine. In fact, we will discuss this topic at length to (1) clarify the reasons that traditional principles no longer applies as it has in the past and (2) impart an alternate concept that embraces modern economic and regulatory principles.