Law Commons^™

Note On Deserving The Results Of Labor - 1990, Wendy J. Gordon

Scholarship Chronologically

Munzer's formulation seems to talk in the end about largely consensual arrangements, like working for wages.

Note On Causation And Limited Duration Of Intellectual Property; Also Patent Standards - 1990, Wendy J. Gordon

Scholarship Chronologically

Another causation problem is this: "But for" causation is only one type. It has its own problems. But there are other kinds of cause. In tort law these other kinds of cause are lumped together under the rubric "proximate cause", and the difficulties of "proximate cause" doctrine illustrate some of the difficulties.

Notes On Misc Re Paper: Property Preemption - 1990, Wendy J. Gordon

Scholarship Chronologically

Sears/Compco said anything not protected by patent copyright etc is not subject to state anti-copying protection. Goldstein says Sears/Compco didn't mean that exactly- rather, states can't control copying where fed statutory policies would be in conflict with the state protection. Section 102b and generations of copyright cases say ideas, systems, etc., are not copyrightable. That wd seem to suggest that even under Goldstein, ideas, etc can't be protected against state law.[1] However, a 1 iteral reading of 301 might suggest Cong decided there should be no preE of such state law protection of ideas.

Letter From Louis Michael Seidman, Louis M. Seidman

Scholarship Chronologically

Dear Wendy:

Thanks for sending me your piece on intellectual property and the restitutionary impulse. As always with your work, I found it fascinating. I'm happy to give you my comments, but I doubt that they will be very useful to you. This is an area I know nothing about, so many of my problems reflect my lack of understanding, rather than any defects in your arguments. With that caveat, and for what it is worth, here are some reactions (many of which, as you will see, are quite trivial):

The Truth May Not Set You Free, Robert M. O'Neil

Washington and Lee Law Review

No abstract provided.

Notes On Economics Of Suppression - 1990, Wendy J. Gordon

Scholarship Chronologically

The Treatise suggests that the two major strains in copyright are the economic or instrumental perspective, and the authors' rights perspective. This dual perspective parallels the configuration in property and tort law as a whole, where quandaries such as the suppression problem are sometimes analyzed in terms of whether the individual holding an entitlement is a "steward" entrusted with the resource solely for sake of the social good that is likely to result from his or her productive use of it, or a "sovereign" to be left unregulated in managing the resource.

Berne-Ing The Soviet Copyright Codes: Will The U.S.S.R. Alter Its Copyright Laws To Comply With The Berne Convention?, William Scott Goldman

Penn State International Law Review

What changes need to be made in the Soviet copyright codes in order to bring them into compliance with the provisions of Berne? And is it likely that these changes will be accomplished in the near future? This comment will attempt to answer these questions. While these issues have already been addressed in regard to the United States, nothing similar has yet been attempted for the Soviet Union. In light of the U.S.S.R.'s announcement of its intent to accede to the Berne Convention, this analysis is now more timely than ever.

Notes On Lear V. Adkins And Kewanee: "Public Domain" And "Dissemination", Wendy J. Gordon

Scholarship Chronologically

What is the S ct s notion of public domain? Does dissemination play the same role I thinK it should? Here s a looK at patent pol icy. Basically, I think the following shows that the Supreme Court envisages that there s a separate policy which says that things once made public should stay public. Now d tie that to reliance & changes of position. The court doesn t think it through very well; they may have power in mind, or vesting, or just precedent. It s unclear. But it s useful for my purposes that the Court opinion suggests …

Maryland Uniform Trade Secrets Act, Peter B. Swann

Maryland Law Review

No abstract provided.

Easing Transfer And Security Interest Transactions In Intellectual Property: An Agenda For Reform, Harold R. Weinberg, William J. Woodward Jr.

Kentucky Law Journal

No abstract provided.

Copyright Protection For Data Obtained By Remote Sensing: How The Data Enhancement Industry Will Ensure Access For Developing Countries, J. Richard West

Northwestern Journal of International Law & Business

The use of remote sensing of the earth by satellite has grown tremendously since the United States launched the first such satellite, Landsat 1, in 1972. In 1984, the Land Remote Sensing Commercialization Act began the gradual transfer of the United States Landsat program to the private sector. The Earth Observation Satellite Company (EOSAT) is the private operator licensed pursuant to the Act, and is preparing to launch the first privately-operated remote sensing satellite, Landsat 6, in 1991. The Commercialization Act requires operators to make raw data available to all users on a nondiscriminatory basis, but it does not preclude …

Easing Transfer And Security Interest Transactions In Intellectual Property: An Agenda For Reform, Harold R. Weinberg, William J. Woodward Jr.

Law Faculty Scholarly Articles

Uncertainty and confusion probably always have existed bout the employment of intellectual property as collateral for a loan. Since the drafting of Article 9 of the Uniform Commercial Code, an uneasy coexistence of state and federal law has developed. Both state and federal law now arguably apply when a debtor attempts to use a patent or trademark to secure a loan. The extent to which each body of law is applicable and the interaction between the two systems was left unclear by the drafters of Article 9 and has not been clarified by Congress. The radical differences between the state …