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The Idea Of The Law Review: Scholarship, Prestige, And Open Access, Michael J. Madison
The Idea Of The Law Review: Scholarship, Prestige, And Open Access, Michael J. Madison
Michael J. Madison
This Essay was written as part of a Symposium on open access publishing for legal scholarship, held at Lewis & Clark Law School. It makes the claim that “open access” publishing models will succeed, or not, to the extent that they account for the existing “economy of prestige” that drives law reviews and legal scholarship. What may seem like a lot of uncharitable commentary is intended instead as an expression of guarded optimism: Imaginative reuse of some existing tools of scholarly publishing (even by some marginalized members of the prestige economy – or perhaps especially by them) may facilitate the …
A Pattern-Oriented Approach To Fair Use, Michael J. Madison
A Pattern-Oriented Approach To Fair Use, Michael J. Madison
Michael J. Madison
No abstract provided.
Reconstructing The Software License, Michael J. Madison
Reconstructing The Software License, Michael J. Madison
Michael J. Madison
This article analyzes the legitimacy of the software license as a institution of governance for computer programs. The question of the open source license is used as a starting point. Having conducted a broader inquiry into the several possible bases for the legitimacy of software licensing in general, the article argues that none of the grounds on which software licensing in general rests are sound. With respect to open source software in particular, the article concludes that achieving a legitimate institutional form for the goals that open source proponents have set for themselves may require looking beyond licensing as such.
Where Does Creativity Come From? And Other Stories Of Copyright, Michael J. Madison
Where Does Creativity Come From? And Other Stories Of Copyright, Michael J. Madison
Michael J. Madison
This Commentary on Lydia Pallas Loren, Untangling the Web of Music Copyrights, 53 Case W. Res. L. Rev. 673 (2003), observes that debates over a variety of copyright law issues can be - and in fact, often are - structured in narrative terms, rather than in terms of doctrine, policy, or empirical inquiry. I suggest a series of such narratives, each framed by a theme drawn from a feature film. The Commentary suggests that we should recognize more clearly the role of narrative in intellectual property discourse, and that intellectual property narratives should be examined critically.
Complexity And Copyright In Contradiction, Michael J. Madison
Complexity And Copyright In Contradiction, Michael J. Madison
Michael J. Madison
The title of the article is a deliberate play on architect Robert Venturi?s classic of post-modern architectural theory, Complexity and Contradiction in Architecture. The article analyzes metaphorical ?architectures? of copyright and cyberspace using architectural and land use theories developed for the physical world. It applies this analysis to copyright law through the lens of the First Amendment. I argue that the ?simplicity? of digital engineering is undermining desirable ?complexity? in legal and physical structures that regulate expressive works.
Legal-Ware: Contract And Copyright In The Digital Age, Michael J. Madison
Legal-Ware: Contract And Copyright In The Digital Age, Michael J. Madison
Michael J. Madison
ProCD, Inc. v. Zeidenberg, which enforced a "shrinkwrap" license for computer software, has encouraged the expansion of the shrinkwrap form beyond computer programs, forward, onto the Internet, and backward, toward such traditional works as books and magazines. Authors and publishers are using that case to advance norms of information use that exclude, practically and conceptually, a robust public domain and a meaningful doctrine of fair use. Contesting such efforts by focusing on the contractual nature of traditional shrinkwrap, by relying on market principles, on adhesion theory, on commercial law concepts of usage and custom, or on federal preemption doctrine, feeds …