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Full-Text Articles in Law

First Amendment Based Copyright Misuse, David S. Olson Nov 2010

First Amendment Based Copyright Misuse, David S. Olson

William & Mary Law Review

We are at a crossroads with respect to the underdeveloped equitable defense of copyright misuse. The defense may go the way of its sibling, antitrust-based patent misuse, which seems to be in a state of inevitable decline. Or—if judges accept the proposal of this Article—courts could reinvigorate the copyright misuse defense to better protect First Amendment speech that is guaranteed by statute, but that is often chilled by copyright holders misusing their copyrights to control others’ speech. The Copyright Act serves First Amendment interests by encouraging authors to create works. But copyright law can also discourage the creation of new …


Blowing Its Cover: How The Intelligence Identities Protection Act Has Masqueraded As An Effective Law And Why It Must Be Amended, Andrew M. Szilagyi May 2010

Blowing Its Cover: How The Intelligence Identities Protection Act Has Masqueraded As An Effective Law And Why It Must Be Amended, Andrew M. Szilagyi

William & Mary Law Review

No abstract provided.