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Full-Text Articles in Law
Perverse Innovation, Dan L. Burk
Perverse Innovation, Dan L. Burk
William & Mary Law Review
An inescapable feature of regulation is the existence of loopholes: activities that formally comply with the text of regulation, but which in practice avoid the desired outcome of the regulation. Considerable ingenuity may be devoted to exploiting regulatory loopholes. Where technological regulation is at issue, such ingenuity may often be devoted to developing new technology that avoids the regulation; such innovation may be termed “perverse” because it is directed to avoiding the regulation that prompted it. Nonetheless, in this Article I argue that such regulatory circumvention may result in socially beneficial innovation. Drawing on insights from innovation policy in the …
An Alternative Approach To Channeling?, Mark P. Mckenna
An Alternative Approach To Channeling?, Mark P. Mckenna
William & Mary Law Review
Intellectual property law has developed a variety of doctrines to police the boundaries between various forms of protection. Courts and scholars alike overwhelmingly conceive of these doctrines in terms of the nature of the objects of protection. The functionality doctrine in trademark law, for example, defines the boundary between trademark and patent law by identifying and refusing trademark protection to features that play a functional role in a product's performance. Likewise, the useful article doctrine works at the boundary of copyright and patent law to identify elements of an article's design that are dictated by function and to channel protection …
Spillovers Theory And Its Conceptual Boundaries, Brett Frischmann
Spillovers Theory And Its Conceptual Boundaries, Brett Frischmann
William & Mary Law Review
No abstract provided.
An Industrial Organization Approach To Copyright Law, Michael Abramowicz
An Industrial Organization Approach To Copyright Law, Michael Abramowicz
William & Mary Law Review
No abstract provided.