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The Role Of Unfair Competition In The Common Law, Shyamkrishna Balganesh, Gideon Parchomovsky
The Role Of Unfair Competition In The Common Law, Shyamkrishna Balganesh, Gideon Parchomovsky
Faculty Scholarship
Does the idea of “unfair competition” present the law with a viable alternative to thinking about the regulation of information and informational resources, independent of the traditional categories of the common law (e.g., property/tort) and the assumptions that these categories entail? In this chapter, we argue that, although the answer to that question is no, unfair competition nevertheless plays an important role in complementing the categories of property and torts as they apply to competitive settings. Specifically, unfair competition allows courts to both broaden and narrow the traditional notions of property and torts – especially as they apply to the …
Alienability And Copyright Law, Shyamkrishna Balganesh
Alienability And Copyright Law, Shyamkrishna Balganesh
Faculty Scholarship
This chapter examines the interaction between copyright and the concept of alienability to show that it holds important structural and normative lessons for our understanding of the nature of the copyright entitlement, and its limitations. My use of the word ‘interaction’ is deliberate here, since my focus is not just on the question of whether and how inalienability restrictions internal to copyright doctrine motivate our theoretical understanding of copyright and its allied rights (for example, moral rights), a project that others have focused on previously. The chapter will instead attempt to understand how the copyright entitlement has addressed the basic …