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Draft Of Desert Theory - 1985, Wendy J. Gordon
Draft Of Desert Theory - 1985, Wendy J. Gordon
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The first condition of Lockean theory is that property applies only to labor which appropriates something out of the common. Similarly, possession theory in American law applies only to appropriations of things which are unclaimed. While an intellectual product might seem to be drawn out of the ether, it can in fact be a difficult question whether its producers have drawn on more than commonly-owned resources.
Notes On Desert Theory: The No-Harm Notion - 1985, Wendy J. Gordon
Notes On Desert Theory: The No-Harm Notion - 1985, Wendy J. Gordon
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At first blush, the creation of i/p seems to meet this test of Locke’s proviso, namely, that strangers cannot complain of the ownership if after the appropriation, “there was as good left, as that already possessed, and more than he knew what to do with, or his industry could reach to.” There would seem to be a nearly infinite store of possible melodies, poems, novels, ideas; granting ownership over one variant which has been reduced to expression by a creator wouldn’t seem to interfere with the stranger’s ability to create his own.
Brief Survey Of And Proposal For Better Reconciliation Of The Options In Patent, Trademark, Copyright And Related Law, Thomas G. Field Jr
Brief Survey Of And Proposal For Better Reconciliation Of The Options In Patent, Trademark, Copyright And Related Law, Thomas G. Field Jr
Law Faculty Scholarship
Taking up trademarks, patents, copyrights, and trade secrets (in that order), [this article] will attempt to summarize briefly the ways in which such rights arise, are perfected, and are enforced. It will also discuss a hypothetical in which all of these options will be discussed in a comparative way. Finally, it will suggest that basic improvements in the area could be realized by dispensing with the often confusing and arbitrary subject matter distinctions which characterize the various subparts of the present intellectual property system.
Notes On Demarcation And Other Issues - 1985, Wendy J. Gordon
Notes On Demarcation And Other Issues - 1985, Wendy J. Gordon
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Not only is there a problem with demarking the resource (e.g., the problem of larger and larger generality that Hand tries to deal with) but there's also a problem with demarking the TYPE OF USE. In DOW JONES, for example, the defendant was merely making reference to (not copying)the average; ditto the NFL case.