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Intellectual Property Law

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Articles 16261 - 16290 of 17066

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Conversation With Lee Bollinger - 1985, Wendy J. Gordon May 1985

Conversation With Lee Bollinger - 1985, Wendy J. Gordon

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First, Lee Bollinger (and others) seem to feel that the misappropriation "urge" makes sense when seen against a background where most things one creates DO get property treatment. Lee therefore says it's my burden as a writer to explain why this area is different--both to succeed in making a case clear, AND to create barriers between this area and others. Essentially, he argues, people will be afraid that less-than-complete property here will erode property elsewhere.

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The Rise Of The Supreme Court Reporter: An Institutional Perspective On Marshall Court Ascendancy, Craig Joyce Apr 1985

The Rise Of The Supreme Court Reporter: An Institutional Perspective On Marshall Court Ascendancy, Craig Joyce

Michigan Law Review

This Article will first explore the antecedents to, and beginnings of, the reporter system under Alexander J. Dallas and William Cranch. Next, the Article will examine the transformation of the system under the Court's first official Reporter, the scholarly Henry Wheaton. Finally, the Article will recount the struggle between Wheaton and his more practical successor, Richard Peters, Jr., that culminated in 1834 in the Court's declaration that its decisions are the property of the people of the United States, and not of the Court's Reporters.

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An Inquiry Into The Merits Of Copyright - Notes On Property Parallels, Dukeminier/Krier Book, Among Other Things - 1985, Wendy J. Gordon Jan 1985

An Inquiry Into The Merits Of Copyright - Notes On Property Parallels, Dukeminier/Krier Book, Among Other Things - 1985, Wendy J. Gordon

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These are notes re thoughts sparked by reading Dukeminier & Krier, PROPERTY (little Brown 1981) and their TEACHERS MANUAL FOR PROPERTY (Little Brown 1981). What I may be doing is beginning a unified i/p. One part of that doctrine may be parallel ordinary Property, like so: HYPOTHESIS - The role played in ordinary property law by "possession" [,1] may be played in i/p law by "use. This can be very important.

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Notes On Forms Of Discourse - 1985, Wendy J. Gordon Jan 1985

Notes On Forms Of Discourse - 1985, Wendy J. Gordon

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Is there anything which can explain the seeming schizophrenia between the courts favoring creators and users? Part of the explanation may lie in “forms of disclosure”: the cognate areas to which attention is directed. Once in the copyright area, you’re in an area where “policy rather than property” governs, and where limitations on rights are as crucial as the rights themselves.

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Outline Of New Organization - 1985, Wendy J. Gordon Jan 1985

Outline Of New Organization - 1985, Wendy J. Gordon

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No abstract provided.

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Notes On Value And Property - 1985, Wendy J. Gordon Jan 1985

Notes On Value And Property - 1985, Wendy J. Gordon

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My contention is that “value” should not be the basis for legal protection unless (a) there’s social as well as private value invoked and (b) the legal protection is necessary for the generation of, or protection of, the social value.

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Notes On Value - 1985, Wendy J. Gordon Jan 1985

Notes On Value - 1985, Wendy J. Gordon

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The relation between value and property is very much at the core of this paper. First, as a theoretical matter (Holmes; the Ordinary Observer; custom and interactive pattern.) Second, intellectual products have increased greatly in value, shown both by statistics [3] and also by that unfortunate but fairly reliable secondary indicator of a phenomenon’s social importance: the volume of litigation concerning it.

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Conversation With Whit Gray - 1985, Wendy J. Gordon Jan 1985

Conversation With Whit Gray - 1985, Wendy J. Gordon

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Whit Gray argued that even for things most of us would feel comfy saying AREN'T property, like the "idea" of shopping malls, we wouldn't feel so comfy with copying if the blueprints for the idea were copied prior to the time they became public. He argues also, that something more than "privacy" is at issue in our anger at visualizing such an intrusive prepublication copying.

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Notes On Property Themes/Scholarly Methodology - 1985, Wendy J. Gordon Jan 1985

Notes On Property Themes/Scholarly Methodology - 1985, Wendy J. Gordon

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When a legal rule is set forth, it usually describes real-world events and says, there’s a consequence, such as a right of action (or a criminal act, or a right to compensation) which follows if these real-world events are present. As all lawyers know, of course, such statements of rules don’t mean exactly what they say. Real-world events that aren’t described in the rule may come to be treated as if they are within the rule, because the courts feel that the not-mentioned items satisfy all the same purposes as the listed items do, when the overall purposes of the …

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Notes On Nomenclature - 1985, Wendy J. Gordon Jan 1985

Notes On Nomenclature - 1985, Wendy J. Gordon

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The ordinary linkage between "property" and "thing" can be seen in the most common name given to the set of intellectual products. They are called "intellectual property."

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Brief Survey Of And Proposal For Better Reconciliation Of The Options In Patent, Trademark, Copyright And Related Law, Thomas G. Field Jr Jan 1985

Brief Survey Of And Proposal For Better Reconciliation Of The Options In Patent, Trademark, Copyright And Related Law, Thomas G. Field Jr

Law Faculty Scholarship

Taking up trademarks, patents, copyrights, and trade secrets (in that order), [this article] will attempt to summarize briefly the ways in which such rights arise, are perfected, and are enforced. It will also discuss a hypothetical in which all of these options will be discussed in a comparative way. Finally, it will suggest that basic improvements in the area could be realized by dispensing with the often confusing and arbitrary subject matter distinctions which characterize the various subparts of the present intellectual property system.

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Notes On Desert Theory: The No-Harm Notion - 1985, Wendy J. Gordon Jan 1985

Notes On Desert Theory: The No-Harm Notion - 1985, Wendy J. Gordon

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At first blush, the creation of i/p seems to meet this test of Locke’s proviso, namely, that strangers cannot complain of the ownership if after the appropriation, “there was as good left, as that already possessed, and more than he knew what to do with, or his industry could reach to.” There would seem to be a nearly infinite store of possible melodies, poems, novels, ideas; granting ownership over one variant which has been reduced to expression by a creator wouldn’t seem to interfere with the stranger’s ability to create his own.

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Copyright Protection Of Computer Software, 5 Computer L.J. 413 (1984), James Altman Jan 1985

Copyright Protection Of Computer Software, 5 Computer L.J. 413 (1984), James Altman

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

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The Treatment Of Computer Software Works Made For Hire Under The Copyright Act Of 1976, 5 Computer L.J. 579 (1985), Carol Ann Surrel Jan 1985

The Treatment Of Computer Software Works Made For Hire Under The Copyright Act Of 1976, 5 Computer L.J. 579 (1985), Carol Ann Surrel

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

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Notes On Conversations With Jim White - 1985, Wendy J. Gordon Jan 1985

Notes On Conversations With Jim White - 1985, Wendy J. Gordon

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Jim White suggested looking at the institutional issues separately from the issue of ideal outcomes.

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Outline Of Desert Theory - 1985, Wendy J. Gordon Jan 1985

Outline Of Desert Theory - 1985, Wendy J. Gordon

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Locke suggests that a covetous stranger has no justification to complain of another’s taking possession and ownership of land if, after the owner’s appropriation, “there was as good left, as that already possessed, and more than he [the potential complainer] knew what to do with, or his industry could reach to.”

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Outline Of Desert Theory: The No-Harm Notion - 1985, Wendy J. Gordon Jan 1985

Outline Of Desert Theory: The No-Harm Notion - 1985, Wendy J. Gordon

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In seeking to understand what lies behind the court's apparent eagerness to grant property in intellectual products, a helpful starting place would seem to be the labour theory of property found in Locke's SECOND TREATIES OF GOVERNMENT. Speaking most generally, the theory suggests that a person who successfully uses his to her efforts to make useful those things which no one else has used or claimed may be rewarded with ownership of the things. The common law has long used a simpler variant of such a principle, awarding ownership to those who take possession of unclaimed physical resources. Creators of …

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Note On The Three Faces Of The "Sharing Benefits" Issue - 1985, Wendy J. Gordon Jan 1985

Note On The Three Faces Of The "Sharing Benefits" Issue - 1985, Wendy J. Gordon

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The legal treatment of the sharing-benefits issue runs along the following Hohfeldian continuum.

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Copyright And The Moral Right: Is An American Marriage Possible?, Roberta R. Kwall Jan 1985

Copyright And The Moral Right: Is An American Marriage Possible?, Roberta R. Kwall

Vanderbilt Law Review

The 1976 Copyright Act (the 1976 Act) embodies the most extensive reforms in the history of our nation's copyright laws. One proposed reform that is noticeably absent from the statutory scheme, however, is the explicit adoption of protections for the personal rights of creators with respect to their works. Instead,the 1976 Act continues this country's tradition of safeguarding only the pecuniary rights of a copyright owner. By assuring the copyright owner the exclusive rights to reproduce and distribute the original work, to prepare derivative works, and to perform and display publicly certain types of copyrighted works, the 1976 Act focuses …

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Desert Theory: The No-Harm Notion - 1985, Wendy J. Gordon Jan 1985

Desert Theory: The No-Harm Notion - 1985, Wendy J. Gordon

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One has no right to complain about another’s appropriation of a plot of land. But we live interdependent lives today. If X were given a property right to pollute, Y might have quite a lot to complain about. If what we are looking for is conditions under which strangers have no right to complain about property being granted, then it would seem appropriate to broaden the proviso a bit and say, the stranger has no right to complain so long as he’s not harmed by the grant of property.

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Workshop Notes On New Property Rights - 1985, Wendy J. Gordon Jan 1985

Workshop Notes On New Property Rights - 1985, Wendy J. Gordon

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There’s a growth-by-accretion of new property rights, largely pushed by an unjust enrichment principles. Such a principle is itself without definable 1imits in an interrelated society. My task: looking at this trend from different vantage pts, other than that of pure desert, is the trend a good one. My view is that by and large it is not, but what we’ll discuss today falls far short of any such broad conclusion.

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Becker And The Exploitation/Competition Requirement - 1985, Wendy J. Gordon Jan 1985

Becker And The Exploitation/Competition Requirement - 1985, Wendy J. Gordon

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One common justification of intellectual property rights seems to rest with an appreciation of the creator's labors. Since he has exerted effort, and created something of value, he seems to deserve something for his pains. A claim of ownership over the thing created is sometimes considered a fitting reward.

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Notes On Demarcation And Other Issues - 1985, Wendy J. Gordon Jan 1985

Notes On Demarcation And Other Issues - 1985, Wendy J. Gordon

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Not only is there a problem with demarking the resource (e.g., the problem of larger and larger generality that Hand tries to deal with) but there's also a problem with demarking the TYPE OF USE. In DOW JONES, for example, the defendant was merely making reference to (not copying)the average; ditto the NFL case.

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Common Law Analogies - 1985, Wendy J. Gordon Jan 1985

Common Law Analogies - 1985, Wendy J. Gordon

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By the usual principles of claim-staking, casually viewed, the person who describes a new form of i/p seems to possess it. This may be one explanation for the property lure.

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Notes On Restitution - 1985, Wendy J. Gordon Jan 1985

Notes On Restitution - 1985, Wendy J. Gordon

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The principle which allows payment for nondamaging uses of property is, I submit, this one: protecting the system of property from eroding. Looking at the leading case in the area, we see precisely that: the user of the property is required to pay for his use, lest he be placed in a better position than a non-trespasser. Any other rule might encourage erosion of property systems.

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Note On Trademarks - 1985, Wendy J. Gordon Jan 1985

Note On Trademarks - 1985, Wendy J. Gordon

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There's currently a debate about whether tmks owners shd be entitled to control strangers' usage of their tmks where the offending usage causes no confusion as to source. Usually the debate is conducted on usual lines on the eco side, whether the increase in incentives (for both production and devt) justifies the decrease in quantity & competitive sources. On the authors' rights side, whether the originators shd have any particular rights in tmks cuz of origination.

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Software Lock-In And Antitrust Tying Arrangements: The Lessons Of Data General, 5 Computer L.J. 329 (1984), Charles H. Helein Jan 1985

Software Lock-In And Antitrust Tying Arrangements: The Lessons Of Data General, 5 Computer L.J. 329 (1984), Charles H. Helein

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

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Use And Expression: The Scope Of Copyright Protection For Computer Programs, 5 Computer L.J. 433 (1985), Leslie Wharton Jan 1985

Use And Expression: The Scope Of Copyright Protection For Computer Programs, 5 Computer L.J. 433 (1985), Leslie Wharton

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

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Remedies In Software Copyright Cases, 6 Computer L.J. 1 (1985), Dexter L. Kenfield Jan 1985

Remedies In Software Copyright Cases, 6 Computer L.J. 1 (1985), Dexter L. Kenfield

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

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Expert Witnesses In Software Copyright Infringement Actions, 6 Computer L.J. 35 (1985), James J. Marcellino Jan 1985

Expert Witnesses In Software Copyright Infringement Actions, 6 Computer L.J. 35 (1985), James J. Marcellino

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

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