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Articles 1 - 5 of 5

Full-Text Articles in Law

When We Say UsTm, We Mean It!, A. Michael Froomkin Jan 2004

When We Say UsTm, We Mean It!, A. Michael Froomkin

Articles

No abstract provided.


Obvious To Whom? Evaluating Inventions From The Perspective Of Phosita, Rebecca S. Eisenberg Jan 2004

Obvious To Whom? Evaluating Inventions From The Perspective Of Phosita, Rebecca S. Eisenberg

Articles

In this Article, I consider the possibility of giving the USPTO input from currently active technological practitioners in evaluating the obviousness of claimed inventions. Such input could potentially serve three useful functions. First, it could improve the accuracy of USPTO decisionmaking by providing access to the perspective of actual practitioners as to the obviousness of inventions from the perspective of the hypothetical PHOSITA. Second, it could help the USPTO document the evidentiary basis for rejections that rest in part upon tacit knowledge within technological communities. Third, it could provide a quality control mechanism that would improve the credibility of USPTO ...


The Narratives Of Cyberspace Law (Or, Learning From Casablanca), Michael J. Madison Jan 2004

The Narratives Of Cyberspace Law (Or, Learning From Casablanca), Michael J. Madison

Articles

Cyberspace scholars have wrestled extensively with the question of the "right" metaphorical approach to the Internet, in order to guide legal and policy decisions. Literary theorists have wrestled with the perception that cyberspace undermines conventional ideas about narrative. This Essay suggests that each group could learn from the other. Cyberspace tells a better story than literary scholars believe, and the lawyers should pay more attention to the narrative attributes of cyberspace. To illustrate the argument, the Essay proposes a specific story framework for cyberspace: the film Casablanca.


A Pattern-Oriented Approach To Fair Use, Michael J. Madison Jan 2004

A Pattern-Oriented Approach To Fair Use, Michael J. Madison

Articles

More than 150 years into development of the doctrine of "fair use" in American copyright law, there is no end to legislative, judicial, and academic efforts to rationalize the doctrine. Its codification in the 1976 Copyright Act appears to have contributed to its fragmentation, rather than to its coherence. This Article suggests that fair use is neither badly conceived nor badly applied, but that it is too often badly understood. As did much of copyright law, fair use originated as a judicially-unacknowledged effort via the law to validate certain favored social practices and patterns. In the main, it has continued ...


Where Does Creativity Come From? And Other Stories Of Copyright, Michael J. Madison Jan 2004

Where Does Creativity Come From? And Other Stories Of Copyright, Michael J. Madison

Articles

This Commentary on Lydia Pallas Loren, Untangling the Web of Music Copyrights, 53 Case W. Res. L. Rev. 673 (2003), observes that debates over a variety of copyright law issues can be - and in fact, often are - structured in narrative terms, rather than in terms of doctrine, policy, or empirical inquiry. I suggest a series of such narratives, each framed by a theme drawn from a feature film. The Commentary suggests that we should recognize more clearly the role of narrative in intellectual property discourse, and that intellectual property narratives should be examined critically.