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In Defense Of Intellectual Property Anxiety: A Response To Professor Fagundes, Aaron K. Perzanowski
In Defense Of Intellectual Property Anxiety: A Response To Professor Fagundes, Aaron K. Perzanowski
Aaron K. Perzanowski
In this Response to Professor Fagundes’s Property Rhetoric and the Public Domain, Professor Perzanowski expresses skepticism about two assumptions underlying the argument for embracing property rhetoric to promote the public domain. This argument assumes, first, public recognition of social discourse theory as an account of property and, second, rhetorical advantages of social discourse theory that are comparable to those of more familiar notions of private property. Perzanowski concludes that the simple intuitive appeal of Blackstonian property cautions against styling the struggle for balanced copyright and patent policy as a debate over competing property interests.
Evolving Standards & The Future Of The Dmca Anticircumvention Rulemaking, Aaron K. Perzanowski
Evolving Standards & The Future Of The Dmca Anticircumvention Rulemaking, Aaron K. Perzanowski
Aaron K. Perzanowski
Every three years, the Copyright Office conducts a rulemaking to determine temporary exemptions from the Digital Millennium Copyright Act's (DMCA) anticircumvention provision. These exemptions are designed to prevent likely adverse impacts on noninfringing uses created by the prohibition on removing or bypassing technological protection measures that restrict access to copyrighted works. At the conclusion of the third and most recent rulemaking, the Librarian of Congress, acting on the advice of the Register of Copyrights, announced six classes of works exempt from the DMCA's anticircumvention provision for the three-year period ending October 27, 2009. This Article describes those exemptions and argues …