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Boston University School of Law

1985

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

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

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Any overall theory must first be capable of describing what it seeks to theorize about. This article will now do that. In giving a taxonomy, the article may be making its greatest contribution. Lockean theory will hardly be the last word in i/p unification theory. But I will have at least set the terms for debate so we can finally speak clearly to each other, articulate the issues, see their implications.


Draft Of Desert Theory - 1985, Wendy J. Gordon Aug 1985

Draft Of Desert Theory - 1985, Wendy J. Gordon

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The first condition of Lockean theory is that property applies only to labor which appropriates something out of the common. Similarly, possession theory in American law applies only to appropriations of things which are unclaimed. While an intellectual product might seem to be drawn out of the ether, it can in fact be a difficult question whether its producers have drawn on more than commonly-owned resources.


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.