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The Breadth Of The Anti-Trafficking Provisions And The Moral High Ground, Jessica D. Litman Jan 2002

The Breadth Of The Anti-Trafficking Provisions And The Moral High Ground, Jessica D. Litman

Book Chapters

This is a cautionary tale. Back in 1996, 1997 and 1998, the law prohibiting circumvention of "access controls" was conceived, described and defended on the ground that it was very narrow. Initially, "access" was intended to mean initial access - the digital equivalent of breaking into a bookstore to steal a book. Copyright owners, though, insisted that "access controls" should also include devices to facilitate pay-per-view. Since that would require protecting works against continuing access, copyright owner lobbyists resisted any narrowing language. Still, when opponents of section 1201 complained to Congress that the language before it might give copyright owners …


Patents On Dna Sequences: Molecules And Information, Rebecca S. Eisenberg Jan 2002

Patents On Dna Sequences: Molecules And Information, Rebecca S. Eisenberg

Book Chapters

As public and private sector initiatives raced to complete the sequence of the human genome, patent issues played a prominent role in speculations about the significance of this achievement. How much of the genome would be subject to the control of patent holders, and what would this mean for future research and the development of products for the improvement of human health in a patent system developed to establish rights in mechanical inventions of an earlier era up to the task of resolving competing claim, to the genome on behalf or the many sequential innovators who elucidate its sequence and …


The Role Of Patents In Exploiting The Genome, Rebecca S. Eisenberg Jan 2002

The Role Of Patents In Exploiting The Genome, Rebecca S. Eisenberg

Book Chapters

The sequencing of the human genome is a great scientific accomplishment that opens the door to further scientific inquiry of a sort that would otherwise be impossible. In addition to being passionately interested in the patent issues this research presents, as a legal scholar I have a long-standing interest in the role of intellectual property in interactions between the public and private senators and between universities and private firms in research science, with a focus on biomedial research. However, although the Human Genome Project has provided a rich terrain for exploring these issues, I am puzzled that intellectual property issues …