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Full-Text Articles in Intellectual Property Law
Tailoring Legal Protection For Computer Software, Peter S. Menell
Tailoring Legal Protection For Computer Software, Peter S. Menell
Peter Menell
No abstract provided.
A Trade Secret Approach To Protecting Traditional Knowledge, Deepa Varadarajan
A Trade Secret Approach To Protecting Traditional Knowledge, Deepa Varadarajan
Deepa Varadarajan
This Article argues that the doctrinal and normative divide between traditional knowledge protection and intellectual property law has been overemphasized, and that trade secret law can help narrow it. First, in terms of doctrinal fit, trade secret doctrine offers a viable model for protecting a subset of traditional knowledge that is not already publicly available. Broadly speaking, trade secret law imposes liability for the wrongful acquisition, use, or disclosure of valuable information that is the subject of reasonable secrecy efforts. Second, in addition to its practical import, the underlying justifications of trade secret law offer a useful normative guide for …
Digital Media And The Changing Face Of Intellectual Property Law, Pamela Samuelson
Digital Media And The Changing Face Of Intellectual Property Law, Pamela Samuelson
Pamela Samuelson
No abstract provided.
A Manifesto Concerning The Legal Protection Of Computer Programs, Pamela Samuelson, Randall Davis, Mitchell D. Kapor, J. H. Reichman
A Manifesto Concerning The Legal Protection Of Computer Programs, Pamela Samuelson, Randall Davis, Mitchell D. Kapor, J. H. Reichman
Pamela Samuelson
No abstract provided.
Locke, Labour, And Limiting The Author’S Right: A Warning Against A Lockean Approach To Copyright Law, Carys J. Craig
Locke, Labour, And Limiting The Author’S Right: A Warning Against A Lockean Approach To Copyright Law, Carys J. Craig
Carys Craig
This paper criticizes a Lockean approach to copyright, which sees an author’s right as the natural entitlement to the fruits of her labour. The author’s contention is that the Lockean account mistakenly finds the justification for copyright in the relationship between an author and her work, rather than the persistent presence of this labour-desert rationale in Canadian copyright rhetoric necessarily privileges the interests of the private rights-bearer over the public interest, and so threatens the public policy goals that copyright is intended to further. The author attacks the Lockean copyright theory from two directions. First, she examines the extent to …