Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 9 of 9
Full-Text Articles in Law
Speech In The Role Of Fiduciary Law And Trust In The Twenty-First Century, Wendy J. Gordon
Speech In The Role Of Fiduciary Law And Trust In The Twenty-First Century, Wendy J. Gordon
Scholarship Chronologically
As someone who is not a specialist in the area, I am grateful to be included in today's conference. I wanted to be here to mark the admiration I have for Professor Frankel. Like Ken Simons, I have benefited from Tamar's knowledge base which is both deep and wide, her lively and inexhaustible curiosity, her imagination, and the immense intellectual stimulation she inevitably provides. Her new book under discussion today reveals some of her extraordinary powers, in its skillful use of materials from sources as diverse as Hammurabi and Grotius, from histories ancient and modem, traditions religious and secular, and …
Draft Of Beck Lecture - 2010, Wendy J. Gordon
Draft Of Beck Lecture - 2010, Wendy J. Gordon
Scholarship Chronologically
I am grateful to the wonderful BU community that has taught me so much, and to those who made this event possible. I thank Dean O'Rourke for hosting this wonderful event, Mary Gallagher, Cornell Stinson and Erin Elwood for organizing it, and I thank you all for coming. I am honored to follow Bill Ryckman in the Chair, a man I admire. Most especially I thank Phil Beck for his generosity to the Boston University School of Law in funding this Chair. It's flattering to me having been chosen its recipient, and flattering to the school that Phil chose us …
Draft Of Beck Speech - 2010, Wendy J. Gordon
Draft Of Beck Speech - 2010, Wendy J. Gordon
Scholarship Chronologically
I come here with a sense of gratitude, to the intellectually stimulating BU community of students, staff and faculty, that has taught me so much, and grateful today especially to those who made this event possible. I would like to thank you all for coming, thank Dean O'Rourke for hosting this wonderful event, Mary Gallagher and Cornell Stinson for organizing it, and most especially I thank Phil Beck for his generosity to the Boston University School of Law in funding this Chair. It's immensely flattering to me having been chosen the initial recipient, and flattering to the school that Phil …
Discipline And Nourish: On Constructing Commons, Wendy J. Gordon
Discipline And Nourish: On Constructing Commons, Wendy J. Gordon
Faculty Scholarship
Scholarship has examined many possible ways to encourage the creation and dissemination of art, works of authorship, ideas, and inventions: rights of exclusion (copyrights and patents), prizes, governmental subsidies, private subsidies (including both foundations and patronage), reputation, and so forth. Legal scholars have long recognized that copyright and patent are not the only options. And while some legal academics have mentioned the possibility of groups of users and creators interacting on a voluntary but structured basis, legal scholars did not give much sustained attention to such possibilities until fairly recently.
Copyright's Derivative Works Doctrine And An Upside-Down Proviso, Wendy J. Gordon
Copyright's Derivative Works Doctrine And An Upside-Down Proviso, Wendy J. Gordon
Scholarship Chronologically
It is sometimes observed that questions of "justice in acquisition" do not much arise any more. However, judges face those questions on a daily basis in courtrooms adjudicating copyright and patent matters. In United States copyright law, for example, an intriguing dilemma regarding derivative works has developed that raises what appears to be a new issue regarding John Locke's sufficiency proviso.
Draft Of Copyright's Derivative Works Doctrine And An Upside-Down Proviso - 2010, Wendy J. Gordon
Draft Of Copyright's Derivative Works Doctrine And An Upside-Down Proviso - 2010, Wendy J. Gordon
Scholarship Chronologically
It is sometimes observed that questions of'justice in acquisition" do not much arise any more. However, judges face those questions on a daily basis in courtrooms adjudicating copyright and patent matters. In United States copyright law, for example, an intriguing dilemma regarding derivative works has developed that raises what appears to be a new issue regarding John Locke's sufficiency proviso.
Current Patent Laws Cannot Claim The Backing Of Human Rights, Wendy J. Gordon
Current Patent Laws Cannot Claim The Backing Of Human Rights, Wendy J. Gordon
Faculty Scholarship
In the dispute over the enforcement of pharmaceutical patents, the International Covenant on Economic, Social and Cultural Rights is sometimes cited as giving patent protection the status of a 'human right'. It is true that the ICESCR provides for ‘the right of everyone’ ‘[t]o benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author’. But that does not mean that patent protection is a human right. Patent fails as a human right for many reasons, one of which is the lack of fit between current patent …
Comparative Tales Of Origins And Access: Intellectual Property And The Rhetoric Of Social Change, Jessica Silbey
Comparative Tales Of Origins And Access: Intellectual Property And The Rhetoric Of Social Change, Jessica Silbey
Faculty Scholarship
This Article argues that the open-source and anti-expansionist rhetoric of current intellectual-property debates is a revolution of surface rhetoric but not of deep structure. What this Article terms “the Access Movements” are, by now, well-known communities devoted to providing more access to intellectual-property-protected goods, communities such as the Open Source Initiative and Access to Knowledge. This Article engages Movement actors in their critique of the balance struck by recent law (statutes and cases) and asks whether new laws that further restrict access to intellectual property “promote the progress of science and the useful arts.” Relying on cases, statutes and recent …
The Rhetoric Of Intellectual Property: Copyright Law And The Regulation Of Digital Culture, By Jessica Reyman (Book Review), Jessica Silbey
The Rhetoric Of Intellectual Property: Copyright Law And The Regulation Of Digital Culture, By Jessica Reyman (Book Review), Jessica Silbey
Faculty Scholarship
A short book review of Jessica Reyman’s, The Rhetoric of Intellectual Property: Copyright Law and the Regulation of Digital Culture.