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Full-Text Articles in Law
The Economics Of Kirtsaeng V. John Wiley & Sons, Inc.: The Efficiency Of A Balanced Approach To The First Sale Doctrine, Guy A. Rub
Res Gestae
No abstract provided.
Performance, Property, And The Slashing Of Gender In Fan Fiction , Sonia K. Katyal
Performance, Property, And The Slashing Of Gender In Fan Fiction , Sonia K. Katyal
Faculty Scholarship
Today, it is no secret that the regime of copyright law, once an often-overlooked footnote to our legal system of property, now occupies a central position in modern debates surrounding the relationship between freedom of expression, language, and ownership. Curiously, however, while contemporary scholarship on copyright now embraces a wide range of political and economic approaches, it has often failed to consider how intellectual property law - as it is owned, constituted, created, and enforced - both benefits and disadvantages segments of the population in divergent ways. This absence is both vexing and fascinating. While issues of distributive justice have …
New Surveillance, The , Sonia K. Katyal
New Surveillance, The , Sonia K. Katyal
Faculty Scholarship
A few years ago, it was fanciful to imagine a world where intellectual property owners - such as record companies, software owners, and publishers - were capable of invading the most sacred areas of the home in order to track, deter, and control uses of their products. Yet, today, strategies of copyright enforcement have rapidly multiplied, each strategy more invasive than the last. This new surveillance exposes the paradoxical nature of the Internet: It offers both the consumer and creator a seemingly endless capacity for human expression - a virtual marketplace of ideas - alongside an insurmountable array of capacities …
When Is Property Intellectual: The Leveraging Problem Essays, Mark R. Patterson
When Is Property Intellectual: The Leveraging Problem Essays, Mark R. Patterson
Faculty Scholarship
Patents and copyrights protect inventions and expression; they do not protect products. This distinction, I argue in this essay, is a key to the antitrust problem of the "leveraging" of intellectual property. In a typical leveraging case, the manufacturer of a durable good, like a copier or computer, refuses to sell replacement parts for its equipment unless the purchaser also hires the manufacturer to service the equipment. Such a practice can be illegal under antitrust law, but when the leveraging products-in this example, replacement parts-are protected by patent or copyright, the manufacturer will often claim that the leveraging is a …