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Note On Serendipitous Legal Protections: Preemption Continued - 1989, Wendy J. Gordon
Note On Serendipitous Legal Protections: Preemption Continued - 1989, Wendy J. Gordon
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The First Circuit in Decosta II recognized something r-ar-ely focused on, but of great importance-- namely, the following question: assuming there are applicable federal ·al policies of non-protection, do those policies for-bid only direct state attempts to restrain copying, or- do they also for-bid any state law which has as one of its effects a restraint on copying?
More On Indirect Protections: Piggyback Damage Claims - 1989, Wendy J. Gordon
More On Indirect Protections: Piggyback Damage Claims - 1989, Wendy J. Gordon
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One issue is whether indirect i/p protection should be allowed to, or encouraged to, piggyback on other forms of protection, 1 ike privacy & contract law. (This is the KEWANEE issue. It's a matter of general pol icy, and of preemption.). Another issue is whether, within federal i/p law, a cause of action based on limited statutory infringement should be handled any differently because other damage damage which wouldn't be actionable alone under the relevant federal statute - is present. (This is raised by the NATION issue. It's a matter of legislative intent & general policy,) Although both issues involve …