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Full-Text Articles in Law
Games And Other Uncopyrightable Systems, Bruce E. Boyden
Games And Other Uncopyrightable Systems, Bruce E. Boyden
Bruce E. Boyden
This article solves two puzzles in copyright law. First, it has long been blackletter law that games are not copyrightable. But the origins of this rule are lost to history, and the reasons for it are not obvious. Second, it has never been adequately explained what makes something a “system” excluded from copyright protection under Section 102(b) of the Copyright Act. Modern courts interpret “system” as merely a synonym for “idea” or “process,” two other categories of exclusions. Others have interpreted it using the broadest definition in the dictionary, which would sweep in large amounts of copyrightable material as well. …
Strategies Of Containment: Status Regimes And The American Constitution, Bruce E. Boyden
Strategies Of Containment: Status Regimes And The American Constitution, Bruce E. Boyden
Bruce E. Boyden
The American constitution was born flawed: it failed to provide a mechanism for resolving entrenched differences in the social status regimes between states. This Article argues that part of the purpose of the Privileges or Immunities Clause of the Fourteenth Amendment was to correct that flaw. The Privileges or Immunities Clause was the culmination of a long antebellum debate over whether southern states had to respect the rights of northern black citizens as they travelled. The Clause achieves this goal by requiring states in certain circumstances to respect the status determinations of other states when the citizens of those other …