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Notes On Nomenclature - 1985, Wendy J. Gordon
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."
Outline Of Desert Theory: The No-Harm Notion - 1985, Wendy J. Gordon
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 …
Notes On Demarcation And Other Issues - 1985, Wendy J. Gordon
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.
Outline Of Desert Theory - 1985, Wendy J. Gordon
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.”
Outline Of New Organization - 1985, Wendy J. Gordon
Outline Of New Organization - 1985, Wendy J. Gordon
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No abstract provided.
Note On Singer's The Legal Rights Debate In Analytical Jurisprudence From Betham To Hohfeld - 1984, Wendy J. Gordon
Note On Singer's The Legal Rights Debate In Analytical Jurisprudence From Betham To Hohfeld - 1984, Wendy J. Gordon
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The economic realm is the area in which these sorts of privileges are most obviously to be found; it is in the economic realm that the evidence of "damnum absque injuria" began to accumulate, leading Homes, Salmond and others to recognize that the legal system did sometimes allow persons to inflict harm on others.
Outline Of Issues Key: Revised Version - 1984, Wendy J. Gordon
Outline Of Issues Key: Revised Version - 1984, Wendy J. Gordon
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No abstract provided.
Note On Individualized V Particularized Entitlement Inquiries - 1984, Wendy J. Gordon
Note On Individualized V Particularized Entitlement Inquiries - 1984, Wendy J. Gordon
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My analysis now looks something like this: Some entitlements should be "prima facie" protectible from invasion. That means that there are some entitlements which the owner should be able to protect even if he or she is unable to prove (a) that protection is in the net social interest or (b) that the invader's action is deserving of punishment. I would call these entitlements "property".
Note On Caselaw Showing The “Property” Issue - 1984, Wendy J. Gordon
Note On Caselaw Showing The “Property” Issue - 1984, Wendy J. Gordon
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The "misappropriation as property" issue has surfaced in Lanham Act
Abstract Of Gift Failure Versus Market Failure - 1982, Wendy J. Gordon
Abstract Of Gift Failure Versus Market Failure - 1982, Wendy J. Gordon
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Gifts and gift exchanges can serve a combination of economic, personal, social, and humanitarian ends. This article explores how intellectual products are unusually capable of serving these ends through gift relations, and suggests ways in which the law can assist in this process.
Notes Re Betamax - 1982, Wendy J. Gordon
Notes Re Betamax - 1982, Wendy J. Gordon
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There's a lot of misunderstanding of by BX article. Some simplifying things: There are three types of "market failure" in copyright. The first inheres in the nonexhaustibil ity of the good; barring a right to post-dissemination control against copying, goods may be underproduced because potential users will refuse to pay for access, figuring they can get access to a friend's copy later for free or at lower cost than the creator would charoe. Thus. relying only o~ the physical control which lets i creato~ charge for the "first look", will (except where the look wont' make copying possible- the trade …
Notes On Preemption And Misc - 1981, Wendy J. Gordon
Notes On Preemption And Misc - 1981, Wendy J. Gordon
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As one of my students indirectly commented (the Herzog midterm?), section 301 PURPORTS to be exclusive. "Nothing in this title shall annul state rights etc." One student, Chris Binnig, indirectly suggested a way out of the exclusivity problem, other than the common sense of Abrams, namely that 301 talks about the general scope of copyright- something which may require some policy inquiry.
Notes On Misc Re Contract - 1981, Wendy J. Gordon
Notes On Misc Re Contract - 1981, Wendy J. Gordon
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Once there is a patent, voluntarily-accepted user restrictions may not be enforceable. Or, at least, an attempt on the patentee's part to condition access of certain types on obtaining such restrictions, may be impossible. See 30 BNA PTCJ 104 (5/30/85)(Restrictions voided on availability of deposited yeast strains.) Filed under Yeast case.
Lecture Draft On Sensory Recall Device - 1980, Wendy J. Gordon
Lecture Draft On Sensory Recall Device - 1980, Wendy J. Gordon
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Perception is a bodily function. The brain “sees” according to the orders which the optic nerve relays from its position at the back of the eye. Similarly, it is the brain which also "hears." As we know from our dreaming and our remembering, neither eye nor ear is indispensable to having the sensations of seeing and hearing.