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Full-Text Articles in Law
Two Thoughts About Traditional Knowledge, William Fisher
Two Thoughts About Traditional Knowledge, William Fisher
Law and Contemporary Problems
Fisher argues the traditional knowledge of environmentalism and the public domain ideas by presenting two combined related themes involving the British colonist of Native Americans. The idea of devaluing the Indian's nonacquisitive, natural, respectful way of living lightly upon the land while conserving it, and fostering imperialism and unjust conquest. Among other things, he formulates three parallel provisions to the TRIPS Agreement to increase the leverage of the countries in determining the terms on which flora, fauna, medicinal knowledge, folklore, and traditional art forms are exploited by others.
The Ends Of Intellectual Property: Health As A Case Study, Arti K. Rai
The Ends Of Intellectual Property: Health As A Case Study, Arti K. Rai
Law and Contemporary Problems
Rai points out the great limitations of some conventional measures of efficiency and cites quality-adjusted life years (QALY), an alternative measure that is actually used in making health-care decisions, as an example. the ability to pay. Quantifying benefits in terms of QALY does not give us a neutral measure of worth, of course but it does expose the value judgments being made and give us a yardstick other than intuition or anecdote for measuring effects. Thus, she argues that rather than giving up on economic analysis, other ways to broaden its scope should be sought.
The Anarchist In The Coffee House: A Brief Consideration Of Local Culture, The Free Culture Movement, And Prospects For A Global Public Sphere, Siva Vaidhyanathan
The Anarchist In The Coffee House: A Brief Consideration Of Local Culture, The Free Culture Movement, And Prospects For A Global Public Sphere, Siva Vaidhyanathan
Law and Contemporary Problems
Jürgen Habermas' influential historical work, The Structural Transformation of the Public Sphere, describes a moment in the social and political history of Europe in which a rising bourgeoisie was able to gather in salons and cafes to discuss matters of public concern. The public sphere represented a set of sites and conventions in the eighteenth century in which (almost exclusively male) members of the bourgeoisie could forge a third space to mediate between domestic concerns and matters of state. Here, Vaidhyanathan examines one particular Public Sphere experiment--the rise of a global Free Culture Movement that aims to limit the spread …
Network Rules, Susan P. Crawford
Network Rules, Susan P. Crawford
Law and Contemporary Problems
Crawford compares the debate between the telcos and the online companies over broadband access regimes often called the "network neutrality" debate to the ongoing tussle between intellectual property maximalists and "free culture" advocates which are strikingly parallel sets of arguments. The maximalists claim that creativity comes from lone genuises (the romantic author) who must be given legal incentives to works but intellectual property scholars have carefully examined the incentives of their arguments and have pointed out that granting overly strong property rights to copyright holders might not be socially appropriate. Moreover, the network providers claim that they (the romantic builders) …
The Invention Of Traditional Knowledge, Madhavi Sunder
The Invention Of Traditional Knowledge, Madhavi Sunder
Law and Contemporary Problems
Sunder argues that the failure of intellectual property to recognize the contributions of traditional and natural sources cannot be rectified by mere payment and she posits a non-monetizable, non-utilitarian benefit in terms of worth or dignity in having one's contribution as the subject labelled of an intellectual property right. Foregrounding the important role of "raw materials" in the process of innovation, cultural environmentalism helped provide a theoretical and political basis for recognition and recompense for the purveyors of those raw materials-often indigenous peoples who have cultivated the earth's biodiversity and who hold "traditional knowledge" about that biodiversity. Moreover, focus on …
Payment In Credit: Copyright Law And Subcultural Creativity, Rebecca Tushnet
Payment In Credit: Copyright Law And Subcultural Creativity, Rebecca Tushnet
Law and Contemporary Problems
Copyright lawyers talk and write a lot about the uncertainties of fair use and the deterrent effects of a clearance culture on publishers, teachers, filmmakers, and the like, but know less about the choices people make about copyright on a daily basis, especially when they are not working. Here, Tushnet examines one subcultural group that engages in a variety of practices, from pure copying and distribution of others' works to creation of new stories, art, and audiovisual works: the media-fan community. Among other things, she discusses some differences between fair use and fan practices, focused around attribution as an alternative …
Cultural Environmentalism And The Constructed Commons, Molly Shaffer Van Houweling
Cultural Environmentalism And The Constructed Commons, Molly Shaffer Van Houweling
Law and Contemporary Problems
Van Houweling explores both the benefits and failings of conservation easements on land on the one hand and the licensing commons on the other. Conservation easement The tools of cultural environmentalism in the lights of objections to conservation easements and more general concerns with complicated and fragmented property rights are also considered. Among other things, she provides clear theoretical differences between the public domain, where freedom is based on the absence of property rights, and the licensing commons, where freedom is based on the absence on the preemptive exercise of the property rights by the rights holder in order to …
Piracy In Russia And China: A Different U.S. Reaction, Connie Neigel
Piracy In Russia And China: A Different U.S. Reaction, Connie Neigel
Law and Contemporary Problems
Both Russia and China refused to adopt international copyright agreements until pressured by other countries, particularly the US. The US has pursued China's copyright abuses more aggressively than it has pursued similar abuses by Russia. Neigel attempts to explain the reasons for this disparate treatment.
The First Amendment And Cyberspace: The Clinton Years, James Boyle
The First Amendment And Cyberspace: The Clinton Years, James Boyle
Law and Contemporary Problems
Both in terms of speech regulation and in terms of providing raw material for the legal controversies that shape the law of the First Amendment, the legacy of Pres Clinton's Administration is considerable, and nowhere more than in cyberspace. The most visible example of the Clinton Administration's role in cyberspeech regulation are the Communications Decency Act, which was struck down by unanimous vote of the Supreme Court in 1997, and the Child Online Protection Act, which is now before the courts.
Color As A Trademark Under The Lanham Act: Confusion In The Circuits And The Need For Uniformity, J. Christopher Carraway
Color As A Trademark Under The Lanham Act: Confusion In The Circuits And The Need For Uniformity, J. Christopher Carraway
Law and Contemporary Problems
The Lanham Act--the Trademark Act of 1946--is examined to determine if it allows the protection of color per se as a trademark. Circuit courts vary in their use of the legislation, but color does satisfy the Act's broad definition of a trademark.
Civil Remedies For Intellectual Property Invasions: Themes And Variations, Ralph S. Brown
Civil Remedies For Intellectual Property Invasions: Themes And Variations, Ralph S. Brown
Law and Contemporary Problems
The remedial schemes involved in intellectual property cases are examined, including preliminary injunction relief, permanent injunctions and monetary remedies.
Design Protection And The Legislative Agenda, J. H. Reichman
Design Protection And The Legislative Agenda, J. H. Reichman
Law and Contemporary Problems
An argument is made that an appropriate design protection law is in the best interests of the US. Without such a design law, industries will continue to seek anti-competitive protection from the government.
Computer Programs, User Interfaces, And Section 102(B) Of The Copyright Act Of 1976: A Critique Of Lotus V. Paperback, Pamela Samuelson
Computer Programs, User Interfaces, And Section 102(B) Of The Copyright Act Of 1976: A Critique Of Lotus V. Paperback, Pamela Samuelson
Law and Contemporary Problems
The Supreme Court's landmark ruling "Lotus Development Corp vs Paperback Software International" is critiqued. The ruling did not resolve the issue of whether copyright law protects user interfaces.
Robert W. Kastenmeier: Copyright Legislator Par Excellence, Michael J. Remington
Robert W. Kastenmeier: Copyright Legislator Par Excellence, Michael J. Remington
Law and Contemporary Problems
The legacy of Robert W. Kastenmeier, former Chairman of the House Judiciary Subcommittee on Courts, Intellectual Property and the Administration of Justice, is discussed. Kastenmeier deserves praise for his leadership on patent and copyright laws.
Copyright, Potential Markets, And The User Interface: Defining The Scope Of The Limited Monopoly, Todd D. Daubert
Copyright, Potential Markets, And The User Interface: Defining The Scope Of The Limited Monopoly, Todd D. Daubert
Law and Contemporary Problems
Although most court cases involving copyright protection of the user interface appear to have been decided correctly on their facts, the language of the decisions has left uncertainty as to the scope of protection.
Congressman Robert Kastenmeier And Professor John Stedman: A Thirty-Five Year Relationship, John A. Kidwell
Congressman Robert Kastenmeier And Professor John Stedman: A Thirty-Five Year Relationship, John A. Kidwell
Law and Contemporary Problems
The professional relationship between Congressman Robert Kastenmeier and law professor John Stedman is discussed. John Stedman was a positive influence on Kastenmeier's thinking on patent and copyright issues.
At Play In The Fields Of The Word: Copyright And The Construction Of Authorship In The Post-Literate Millennium, David Lange
At Play In The Fields Of The Word: Copyright And The Construction Of Authorship In The Post-Literate Millennium, David Lange
Law and Contemporary Problems
The future of intellectual property rights is discussed. The emergence of new technologies will free authors from the constraints of publishers, and may lead to the transformation of copyright law.
Copyright And Information Policy, Jessica Litman
Copyright And Information Policy, Jessica Litman
Law and Contemporary Problems
The basic principle that copyright protects neither ideas nor information has eroded recently. Recent court decisions and government policies that expand copyright laws are discussed.
Bob Kastenmeier And The Legislative Process: Sui Generis And Proud Of It, Ralph Oman
Bob Kastenmeier And The Legislative Process: Sui Generis And Proud Of It, Ralph Oman
Law and Contemporary Problems
The legislative legacy of Robert W. Kastenmeier, Chairman of the Senate Subcommittee on Patents, Copyrights and Trademarks, is discussed. Kastenmeier's contributions to intellectual property law are discussed.
Recognizing The Public Domain, David Lange
Recognizing The Public Domain, David Lange
Law and Contemporary Problems
No abstract provided.