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Intellectual Property Law

California Western School of Law

Faculty Scholarship

Series

2004

Articles 1 - 2 of 2

Full-Text Articles in Law

Copyright Class War, Niels Schaumann Jan 2004

Copyright Class War, Niels Schaumann

Faculty Scholarship

No abstract provided.


Copyright, Containers, And The Court: A Reply To Professor Leaffer, Niels Schaumann Jan 2004

Copyright, Containers, And The Court: A Reply To Professor Leaffer, Niels Schaumann

Faculty Scholarship

The author finds little with which to be pleased in the Court’s recent copyright cases. The Court seems to be fighting a holding action, fending off the future by resolutely gazing backward. While the Court has not itself enlarged copyright, it has not meaningfully evaluated Congress’s power to do so, and its decisions freeze copyright into a moment in time long past. Until copyright law recognizes that content is no longer container-bound, it will continue to flounder, desperately seeking analogies to the past and missing the significance of the technological changes all around us. That said, the author agrees with …