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Boston University School of Law

2008

Intellectual Property Law

Copyright

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Full-Text Articles in Law

Draft For Harmless Use: Gleaning From Fields Of Copyrighted Works - 2008, Wendy J. Gordon Oct 2008

Draft For Harmless Use: Gleaning From Fields Of Copyrighted Works - 2008, Wendy J. Gordon

Scholarship Chronologically

My inquiry is into whether harmless uses of property should give the property owner a right to sue. Under current law, harmless trespasses to land and to copyrights and patents do indeed give rise to liability. Should they? Neither moral philosophy, political science nor economics deals well with the harmless free-rider. The possibility I'm exploring-- just exploring at this stage-- is the following: that where inexhaustible products like information become a primary source of value, our institutions might serve us better if instead of mandating payment for harmless use via legal compulsion, payment for harmless use be left to the …


Email To Bob Bone Re: Idea Expression Dichotomy, Wendy J. Gordon Jan 2008

Email To Bob Bone Re: Idea Expression Dichotomy, Wendy J. Gordon

Scholarship Chronologically

This is to recap our discussion, to make sure we're on the same page, and carry this a bit further. I'm very excited.


Moral Philosophy, Information Technology, And Copyright, Wendy J. Gordon Jan 2008

Moral Philosophy, Information Technology, And Copyright, Wendy J. Gordon

Faculty Scholarship

A plethora of philosophical issues arise where copyright and patent laws intersect with information technology. Given the necessary brevity of the chapter, my strategy will be to make general observations that can be applied to illuminate one particular issue. I have chosen the issue considered in MGM v. Grokster,2 a recent copyright case from the U.S. Supreme Court Grokster, Ltd., provided a decentralized peer-to-peer technology that many people, typically students, used to copy and distribute music in ways that violated copyright law. The Supreme Court addressed the extent to which Grokster and other technology providers should be held …