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Note On The Four Faces Of The "Sharing Benefits" Issue With Handwritten - 1985, Wendy J. Gordon
Note On The Four Faces Of The "Sharing Benefits" Issue With Handwritten - 1985, Wendy J. Gordon
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Any overall theory must first be capable of describing what it seeks to theorize about. This article will now do that. In giving a taxonomy, the article may be making its greatest contribution, Lockean theory will hardly be the last world in intellectual property unification theory. But I will have at lest set the terms for debate so we can finally speak clearly to each other, articulate the issues, see their implications.
Outline Of Green Bound - 1985, Wendy J. Gordon
Outline Of Green Bound - 1985, Wendy J. Gordon
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No abstract provided.
Notes On "Natural Property Rights" In Products Of The Mind: Lock And Contemporary Controversies In Intellectual Property - 1985, Wendy J. Gordon
Notes On "Natural Property Rights" In Products Of The Mind: Lock And Contemporary Controversies In Intellectual Property - 1985, Wendy J. Gordon
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No abstract provided.
Notes On Natural Rights Of Intellectual Property - 1985, Wendy J. Gordon
Notes On Natural Rights Of Intellectual Property - 1985, Wendy J. Gordon
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In many areas courts are giving new intellectual property rights for reasons they largely leave unarticulated. Noncopyrightable stock averages are being protected by state law. Merchandising emblems and symbols are being protected in non-trademark contexts by trademark law. The right of publicity has expanded to such an extent that judges and commentators al iKe bewail the imminent dangers to the First Amendment caused by the imprecision of the new right’s boundaries. Even in federal copyright law, which explicitly says that facts and ideas should be free of protection, and where inadvertent copying is supposed to be as actionable as intentional …
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.
Notes On Nomenclature - 1985, Wendy J. Gordon
Notes On Nomenclature - 1985, Wendy J. Gordon
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The ordinary linkage between "property" and "thing" can be seen in the most common name given to the set of intellectual products. They are called "intellectual property."
Outline Of Desert Theory: The No-Harm Notion - 1985, Wendy J. Gordon
Outline Of Desert Theory: The No-Harm Notion - 1985, Wendy J. Gordon
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In seeking to understand what lies behind the court's apparent eagerness to grant property in intellectual products, a helpful starting place would seem to be the labour theory of property found in Locke's SECOND TREATIES OF GOVERNMENT. Speaking most generally, the theory suggests that a person who successfully uses his to her efforts to make useful those things which no one else has used or claimed may be rewarded with ownership of the things. The common law has long used a simpler variant of such a principle, awarding ownership to those who take possession of unclaimed physical resources. Creators of …
High Technology, The Human Image, And Constitutional Value, Patrick L. Baude
High Technology, The Human Image, And Constitutional Value, Patrick L. Baude
Articles by Maurer Faculty
No abstract provided.
Desert Theory: The No-Harm Notion - 1985, Wendy J. Gordon
Desert Theory: The No-Harm Notion - 1985, Wendy J. Gordon
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One has no right to complain about another’s appropriation of a plot of land. But we live interdependent lives today. If X were given a property right to pollute, Y might have quite a lot to complain about. If what we are looking for is conditions under which strangers have no right to complain about property being granted, then it would seem appropriate to broaden the proviso a bit and say, the stranger has no right to complain so long as he’s not harmed by the grant of property.
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.
Outline Of Desert Theory - 1985, Wendy J. Gordon
Outline Of Desert Theory - 1985, Wendy J. Gordon
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Locke suggests that a covetous stranger has no justification to complain of another’s taking possession and ownership of land if, after the owner’s appropriation, “there was as good left, as that already possessed, and more than he [the potential complainer] knew what to do with, or his industry could reach to.”
Outline Of New Organization - 1985, Wendy J. Gordon
Outline Of New Organization - 1985, Wendy J. Gordon
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No abstract provided.