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Rebalancing Section 512 To Protect Fair Users From Herds Of Mice-Trampling Elephants, Or A Little Due Process Is Not Such A Dangerous Thing, Malla Pollack
Malla Pollack
I agree with the basic concept of 17 U.S.C. § 512; to protect Internet functionality, ISPs should have robust safe harbors against liability for their subscribers' copyright infringement. However, the current details of the notice and take down system are both unfair to the general public and unnecessary to the economic health of the United States. I suggest a robust, statutorily established digital fair use right backed by a notice and take down procedure protecting fair users. At a minimum, use of a purchased music file on any of the purchaser's equipment should be fair use. Preferably, all personal non-commercial …
Towards A Feminist Theory Of The Public Domain, Or The Gendered Scope Of United States’ Copyrightable And Patentable Subject Matter, Malla Pollack
Towards A Feminist Theory Of The Public Domain, Or The Gendered Scope Of United States’ Copyrightable And Patentable Subject Matter, Malla Pollack
Malla Pollack
Feminism does not speak with a single voice. Each voice tells a different story. These stories include attacks on the gendered scope of United States copyrightable and patentable subject matter. The first wave of feminism, liberal feminism, argued that women were as rational and competent as men. It complained about the objective exclusion of women from opportunity. This feminist view might applaud the expansion of copyright and the greater ease of its availability (due to the end of formalities pursuant to the Berne Implementation Act). Liberal feminism, however, finds unacceptable copyright’s exclusion of traditional women’s work: food and clothing. Essentialist …