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Articles 271 - 275 of 275
Full-Text Articles in Law
Book Review: The Common Law In Cyberspace, Tom Bell
Book Review: The Common Law In Cyberspace, Tom Bell
Tom W. Bell
Although Law and Disorder in Cyberspace gets a great deal right in boldly proposing to abolish the FCC and rely on common law courts to regulate the telecosm, an untenable distinction between the process and substance of common law runs through the text. That fundamental flaw opens a rift through which creep a number of lesser errors. Peter Huber accords antitrust law, despite its reliance on legislation and inconsistency with common law proper, inexplicable deference. In an analysis aggravated by suspect claims about the history of telecommunications, he promotes mandatory interconnection at the expense of property and contract rights. Contrary …
How Can Whelan V. Jaslow And Lotus V. Borland Both Be Right? Re-Examining The Economics Of Computer Software Reuse, Michael Risch
How Can Whelan V. Jaslow And Lotus V. Borland Both Be Right? Re-Examining The Economics Of Computer Software Reuse, Michael Risch
Michael Risch
The basic economic goal of copyright law is to balance an author's incentive to create with his or her ability to build on prior work in order to maximize social wealth. This balance is extremely important for computer software. On the one hand, software is often expensive to create and companies therefore need protection in order to recoup their investment. On the other hand, software is often expensive to create and companies can save costs by reusing pre-existing work. Quite often, the same companies that want to protect their software also want to use pre-existing work. As a result of …
Educational Fair Use In Copyright: Reclaiming The Right To Photocopy Freely, Ann Bartow
Educational Fair Use In Copyright: Reclaiming The Right To Photocopy Freely, Ann Bartow
Ann Bartow
Copyright owners who are affirmatively engaged in diminishing the scope of educational fair use are overwhelmingly publishers, rather than authors. These publishers attack educational fair use in several different, somewhat internally inconsistent ways. First, they argue that fair use reduces the profitability of their publications, and thereby reduces monetary incentives to undertake the publication of new works. In this way they characterize educational fair use as a threat to the creation and dissemination of future works of scholarship, rather than an escape valve through which current knowledge embodied in prohibitively expensive books and periodicals can leak to the impoverished. Publishers …
Fair Use Vs. Fared Use: The Impact Of Automated Rights Management On Copyright's Fair Use Doctrine, Tom W. Bell
Fair Use Vs. Fared Use: The Impact Of Automated Rights Management On Copyright's Fair Use Doctrine, Tom W. Bell
Tom W. Bell
A combination of powerful new technologies and existing legal doctrines threatens to reduce the scope of copyright's fair use defense in digital intermedia. In place of fair use, these influences will give rise to a system of fared use. Fared use seems certain to improve the efficiency of copyright law. It raises questions of equity, however, by offering copyright owners increased compensation without guaranteeing the public increased access to copyrighted works. This paper addresses those concerns. Fared use would make copyrighted materials in digital intermedia available to the public under a reciprocal quasi-compulsory license. Somewhat paradoxically, this license offers consumers …
The Uncopyrightability Of Jokes, Allen Madison
The Uncopyrightability Of Jokes, Allen Madison
Allen Madison
This paper explains two foundational copyright doctrines, the scenes a faire doctrine and the merger doctrine. It illustrates the limiting effect these doctrines have on copyright protection for jokes.