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Full-Text Articles in Law
Discipline And Nourish: On Constructing Commons, Wendy J. Gordon
Discipline And Nourish: On Constructing Commons, Wendy J. Gordon
Faculty Scholarship
Scholarship has examined many possible ways to encourage the creation and dissemination of art, works of authorship, ideas, and inventions: rights of exclusion (copyrights and patents), prizes, governmental subsidies, private subsidies (including both foundations and patronage), reputation, and so forth. Legal scholars have long recognized that copyright and patent are not the only options. And while some legal academics have mentioned the possibility of groups of users and creators interacting on a voluntary but structured basis, legal scholars did not give much sustained attention to such possibilities until fairly recently.
The Rhetoric Of Intellectual Property: Copyright Law And The Regulation Of Digital Culture, By Jessica Reyman (Book Review), Jessica Silbey
The Rhetoric Of Intellectual Property: Copyright Law And The Regulation Of Digital Culture, By Jessica Reyman (Book Review), Jessica Silbey
Faculty Scholarship
A short book review of Jessica Reyman’s, The Rhetoric of Intellectual Property: Copyright Law and the Regulation of Digital Culture.
Current Patent Laws Cannot Claim The Backing Of Human Rights, Wendy J. Gordon
Current Patent Laws Cannot Claim The Backing Of Human Rights, Wendy J. Gordon
Faculty Scholarship
In the dispute over the enforcement of pharmaceutical patents, the International Covenant on Economic, Social and Cultural Rights is sometimes cited as giving patent protection the status of a 'human right'. It is true that the ICESCR provides for ‘the right of everyone’ ‘[t]o benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author’. But that does not mean that patent protection is a human right. Patent fails as a human right for many reasons, one of which is the lack of fit between current patent …
Comparative Tales Of Origins And Access: Intellectual Property And The Rhetoric Of Social Change, Jessica Silbey
Comparative Tales Of Origins And Access: Intellectual Property And The Rhetoric Of Social Change, Jessica Silbey
Faculty Scholarship
This Article argues that the open-source and anti-expansionist rhetoric of current intellectual-property debates is a revolution of surface rhetoric but not of deep structure. What this Article terms “the Access Movements” are, by now, well-known communities devoted to providing more access to intellectual-property-protected goods, communities such as the Open Source Initiative and Access to Knowledge. This Article engages Movement actors in their critique of the balance struck by recent law (statutes and cases) and asks whether new laws that further restrict access to intellectual property “promote the progress of science and the useful arts.” Relying on cases, statutes and recent …