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Articles 241 - 270 of 363
Full-Text Articles in Intellectual Property Law
Outline Of Epstein's Possession As The Root Of Title, And Other Matters - 1999, Wendy J. Gordon
Outline Of Epstein's Possession As The Root Of Title, And Other Matters - 1999, Wendy J. Gordon
Scholarship Chronologically
While it may be premature to expect a full working out of detail, it is surely time enough for some semblance of a unified theory of intellectual property law to have emerged. That it has not is due to some extent to the very evil which the existence of such a theory (or the beginnings of one) would prevent, namely, the errors that opinions are heir to. Recognizing common themes would help to isolate deviations, and thus help to clarify their nature; whether in a given context a deviation is justified could then be discussed on its own merits, wihout …
Notes On Trademark Monopolies, Wendy J. Gordon, Glynn S. Lunney Jr.
Notes On Trademark Monopolies, Wendy J. Gordon, Glynn S. Lunney Jr.
Scholarship Chronologically
Since 1742, when Lord Hardwicke seemingly equated trademark protection with monopoly in one of the first trademark cases, until the mid- 1950s, concerns that trademarks represented a form of illegitimate monopoly effectively constrained the growth of trademark protection. In the twentieth century, Edward Chamberlain became the leading proponent of the trademark as monopoly view with the publication of his work, The Theory of Monopolistic Competition, in 1933. In his work, Chamberlain argued that a trademark enabled its owner to differentiate her products and then to exclude others from using the differentiating feature. By doing so, trademark protection can effectively …
Progressing Towards A Uniform Commercial Code For Electronic Commerce Or Racing Toward Nonuniformity?, Maureen A. O'Rourke
Progressing Towards A Uniform Commercial Code For Electronic Commerce Or Racing Toward Nonuniformity?, Maureen A. O'Rourke
Faculty Scholarship
The Magaziner Report encourages the development of a consistent commercial law environment against which electronic commerce transactions may take place. The author considers the current legal landscape, noting that while many efforts are underway to codify aspects of electronic commerce, these efforts are piecemeal in nature and may lead to the very lack of uniformity against which the Magaziner Report counsels. The author then briefly considers what lessons may be learned from the drafting history of the original U.C.C. as well as proposed Article 2B (now the Uniform Computer Information Transactions Act) governing transactions in computer information. She argues that …
Introduction, Wendy J. Gordon
Introduction, Wendy J. Gordon
Faculty Scholarship
Ralph Sharp Brown crossed out the "Junior" that followed his name after his father died. In explanation of the hand-altered stationery, he said (if my recollection holds), "I'm the only one left now." Now, after Ralph's death, there may remain no Ralph Sharp Browns. But there are many law teachers who continue to wage the campaign that Ralph made his life work: to save an interdependent society from unnecessary and stagnating restraints on liberty. In the intellectual property area, Ralph sought to teach us that it can be both right and necessary to give individuals the liberty to "reap without …
Fencing Cyberspace: Drawing Borders In A Virtual World, Maureen A. O'Rourke
Fencing Cyberspace: Drawing Borders In A Virtual World, Maureen A. O'Rourke
Faculty Scholarship
In the last few years, the Internet has increasingly become a source of information even for the historically computer illiterate. The growing popularity of the Internet has been driven in large part by the World Wide Web (web). The web is a system that facilitates use of the Internet by helping users sort through the great mass of information available on it. The web uses software that allows one document to link to and access another, and so on, despite the fact that the documents may reside on different machines in physically remote locations. The dispersion of data that is …
Defining The Limits Of Free-Riding In Cyberspace: Trademark Liability For Metatagging, Maureen A. O'Rourke
Defining The Limits Of Free-Riding In Cyberspace: Trademark Liability For Metatagging, Maureen A. O'Rourke
Faculty Scholarship
The Internet has the potential to revolutionize global communication, offering a relatively low-cost means for information exchange. Since its inception as a research network, the Internet has developed into a "a vast library including millions of readily available and indexed publications and a sprawling mall offering goods and services."' The World Wide Web ("Web"), a tool which helps to organize the enormous amount of information available on the Internet, has been a catalyst in the Internet's emergence as a viable commercial marketplace.
On Commodifying Intangibles, Wendy J. Gordon, Sam Postbrief
On Commodifying Intangibles, Wendy J. Gordon, Sam Postbrief
Faculty Scholarship
It was made clear long ago that property and value are different things. Value exists. It is a fact. It can arise from law, and much of law aims at creating more value in the world. But value can also arise in spite of law (consider, for example, the fortunes that bootleggers made during the Roaring Twenties), or in law's interstices. When a particular value arises despite a lack of explicit legal protection, its possessors often ask courts or legislatures to give them a legal entitlement to preserve and further exploit that value. Typically the holders demand (1) a liberty …
Intellectual Property As Price Discrimination: Implications For Contract, Wendy J. Gordon
Intellectual Property As Price Discrimination: Implications For Contract, Wendy J. Gordon
Faculty Scholarship
As people become enamored with the possible benefits of allowing price discrimination in contracts for intellectual goods, they should realize that traditional intellectual property law works by fostering price discrimination among customers. This simple fact has implications for federal pre-emption, and is a reminder of the complexity of the economic issues involved. Increasing a seller's ability to price discriminate will often involve increasing his monopoly power, with dubious welfare effects.
Striking A Delicate Balance: Intellectual Property, Antitrust, Contract And Standardization In The Computer Industry, Maureen A. O'Rourke
Striking A Delicate Balance: Intellectual Property, Antitrust, Contract And Standardization In The Computer Industry, Maureen A. O'Rourke
Faculty Scholarship
Shortly before the Second Intermational Harvard Conference on Internet & Society, the Department of Justice ("DOJ") brought a widely publicized suit against the Microsoft Corporation. In its complaint, the DOJ charged Microsoft with engaging in a variety of antitrust wrongs connected with its alleged monopoly position in the market for personal computer ("PC") operating system software. The Conference panel on Antitrust and the Internet, which had planned to focus on how antitrust law affects standard-setting efforts and the implications for the Intermet, quickly abandoned that topic in favor of discussion of the Microsoft suit.
Price Discrimination, Personal Use And Piracy: Copyright Protection Of Digital Works, Michael J. Meurer
Price Discrimination, Personal Use And Piracy: Copyright Protection Of Digital Works, Michael J. Meurer
Faculty Scholarship
The growth of digital information transmission worries copyright holders who fear the new technology threatens their profits because of greater piracy and widespread sharing of digital works. They have responded with proposals for expanded protection of digital works. Specifically, they seek restrictions on personal use rights regarding digital works provided by the fair use and first sale doctrines. The proposed changes in the allocation of property rights to digital information significantly affect the ability of copyright holders to practice price discrimination. Broader user rights make discrimination more difficult; broader producer rights make discrimination easier. I argue that more price discrimination …
Rethinking Remedies At The Intersection Of Intellectual Property And Contract: Toward A Unified Body Of Law, Maureen A. O'Rourke
Rethinking Remedies At The Intersection Of Intellectual Property And Contract: Toward A Unified Body Of Law, Maureen A. O'Rourke
Faculty Scholarship
As society continues to move "on-line"' and technology advances in fields such as biotechnology, a paradigm shift is occurring. Investors are focusing less on asset valuations based on the physical goods owned by a particular firm and more on the value of intangibles-the information and know-how possessed by the firm and embodied in its intellectual property rights. Firms and even entire industries have grown up with the primarily paper assets of patents and copyrights.
Protecting Software And Information On The Internet, Ronald Cass, Steve Bauer, Pamela Samuelson, Maureen A. O'Rourke, Omar Khudari, George S. Takach
Protecting Software And Information On The Internet, Ronald Cass, Steve Bauer, Pamela Samuelson, Maureen A. O'Rourke, Omar Khudari, George S. Takach
Faculty Scholarship
Welcome. My name is Ron Cass. I am Dean of the Law School here at Boston University. This is part of an ongoing series of symposia on the Internet and Internet law. The program has been put together by Michael Baram, of our Center for Law and Technology, and Steve Bauer, of the law firm Testa, Hurwitz & Thibeault, which has contributed generously to the series and made it possible to line up a number of speakers. I am going to turn over the program now, but I wanted to take this opportunity to thank both Mr. Baram and Mr. …
On The Economics Of Copyright, Restitution And "Fair Use": Systemic Versus Case-By-Case Responses To Market Failure, Wendy J. Gordon
On The Economics Of Copyright, Restitution And "Fair Use": Systemic Versus Case-By-Case Responses To Market Failure, Wendy J. Gordon
Faculty Scholarship
The 'public goods' characteristics possess by intangible works of authorship and invention present the basic market failure problem usually relied on to justify intellectual property rights. What is ordinarily less emphasized is that such market failure is no more than half of the prerequisite for an economically desirable copyright or patent system: another requisite condition is that there be less costly market imperfections after intellectual property is instituted than there would have been in the absence of the intellectual property regime. Intellectual property rights are best justified in the presence of "asymmetric market conditions", that is where (1) in the …
The Economics Of Copyright, Robert G. Bone, Wendy J. Gordon
The Economics Of Copyright, Robert G. Bone, Wendy J. Gordon
Scholarship Chronologically
Copyright law protects works of creative expression. At its relatively uncontroversial core lie songs, plays, novels, paintings, and other works of aesthetic value. But copyright is not confined solely to aesthetic subject matter; in many countries, it extends to works of fact, such as biographies, maps, and telephone directories, and to works with practical value. For example, one of the most controversial issues in copyright law today is whether and how much copyright should protect computer programs.
Norms Of Communication And Commodification, Wendy J. Gordon
Norms Of Communication And Commodification, Wendy J. Gordon
Faculty Scholarship
Around the laws that regulate information and communication swarm a host of related nonlegal norms: norms of secrecy, confidentiality, and privacy; of anonymity, source-identity, and citation; of quotation, paraphrase, and hyperbole; norms of free copying and norms of obtaining permission; norms of gossip and of blackmail. The articles by Saul Levmore and Richard McAdams provide useful windows on some of the ways these laws and norms interact. The two articles also provide insight into the comparative advantage possessed in some circumstances by law and by nonlegal norms, respectively, when information and communication are at issue. In my brief Comment I …
Assertive Modesty: An Economics Of Intangibles, Wendy J. Gordon
Assertive Modesty: An Economics Of Intangibles, Wendy J. Gordon
Faculty Scholarship
At the center of our Symposium stand two papers: "A Manifesto Concerning the Legal Protection of Computer Programs" (Manifesto) and "Legal Hybrids: Between the Patent and Copyright Paradigms" (Legal Hybrids). Both are stimulating. Both are lengthy. As a result, my primary role is that of a guide: this Comment will summarize the authors' proposals, analyze certain aspects in greater detail, and outline their explicit and implicit methodologies. Part I of the Comment describes the papers' positions and methodologies. Part II highlights some of the papers' many contributions to the literature, and offers some other evaluative observations.
Letter To J.S.G. Boggs, Wendy J. Gordon
Letter To J.S.G. Boggs, Wendy J. Gordon
Scholarship Chronologically
Money originally was just a way of measuring. Cattle at first. When metal: being sure of the weight & purity of the metal. Metal as purchasing power = value as coinage. Bring bullion to the mint: they'd test it, weigh it, and give it back as coins.
Counter-Manifesto: Student-Edited Reviews And The Intellectual Properties Of Scholarship, Wendy J. Gordon
Counter-Manifesto: Student-Edited Reviews And The Intellectual Properties Of Scholarship, Wendy J. Gordon
Faculty Scholarship
In the great scheme of things, how important are the problems with law reviews? Jim Lindgren's essay is a bit overheated, even for someone enamored f polemic as a literary form. But he does have a point: if law reviews are going to be published, the task should be done better than it is. That does not mean getting rid of student law reviews. Not even for Jim - but it does require patience and further inquiry into the nature of legal scholarship.
Conference On The 1992 Cable Tv Act - 1994, Wendy J. Gordon
Conference On The 1992 Cable Tv Act - 1994, Wendy J. Gordon
Scholarship Chronologically
The CITI conference organizers have asked me to address the constitutionality of sections 12 and 19 of the new Cable Television Act. Speaking quite generally, these provisions purport to promote competition in the distribution of programming by prohibiting certain exclusive licenses and by prohibiting certain behaviors that could lead to exclusive licenses.
Draft Of Counter-Manifesto: Student-Edited Reviews And The Intellectual Properties Of Scholarship - 1994, Wendy J. Gordon
Draft Of Counter-Manifesto: Student-Edited Reviews And The Intellectual Properties Of Scholarship - 1994, Wendy J. Gordon
Scholarship Chronologically
In the great scheme of things, how important are the problems with law reviews? Jim Lindgren's essay is a bit overheated, even for someone playfully enamored of polemic as a literary form. But he does have a point: if law reviews are going to be published, the task should be done better than it is. That does not mean getting rid of student law reviews. Not even for Jim - but it does require patience and further inquiry into the nature of legal scholarship. This essay will have two parts. The first will be a response to James Lindgren. The …
Letter To Ken Yalowitz, Esq., Wendy J. Gordon
Letter To Ken Yalowitz, Esq., Wendy J. Gordon
Scholarship Chronologically
I hope you received the fax I sent with the material by Mark Rose discussing the linkages between paper money and art.
Virtual Reality, Appropriation, And Property Rights In Art: A Roundtable Discussion, Wendy J. Gordon
Virtual Reality, Appropriation, And Property Rights In Art: A Roundtable Discussion, Wendy J. Gordon
Faculty Scholarship
Virtual reality is user-interfacing technology that tracks the kinetic movement, changes, and reactions in the body of an operator using devices that provide comprehensive and exclusive sensory excitation (in the sense that perceptual input from outside the system is excluded as much as possible). The technology simultaneously allows information and commands to be input back into the system as effortlessly as possible. Virtual reality can be thought of as total sensory immersion in the input and output of a computer system: everything one sees, feels, and hears comes from the computer, and everything the user does goes back in. It's …
What's Art Got To Do With It?, Wendy J. Gordon
What's Art Got To Do With It?, Wendy J. Gordon
Scholarship Chronologically
I would like to thank the Cardozo LR for their invitation to speak, and all those who have taken the time to discuss this issue w[ith] me in the recent past, including my commentator Marci Hamilton. I also thank the audience for its attendance and attention, and I look forward to the criticisms/reactions from all of you and from Prof Hamilton.
Letter To Ms. Daniel Simon Or Ms. Wendy Beetlestone, Wendy J. Gordon
Letter To Ms. Daniel Simon Or Ms. Wendy Beetlestone, Wendy J. Gordon
Scholarship Chronologically
Please disregard the fax I sent you on Saturday. Per my conversation with Wendy, you’ll be receiving a new cleaned-up version of the article on Tuesday for distribution. The draft I sent you Saturday had the file name "B-PARl-6.” Per Wendy's suggestion I'll entitle the file for the draft that you'll get Tuesday, "GORD-FE1.2ND" (meaning 'Gordon - First Editl, second version').
Letter Re: A Property Right In Self Expression: Equality And Individualism In The Natural Law Of Intellectual Property, Henry H. Perritt Jr.
Letter Re: A Property Right In Self Expression: Equality And Individualism In The Natural Law Of Intellectual Property, Henry H. Perritt Jr.
Scholarship Chronologically
I liked your A Property Right in Self Expression: Equality and Individualism in the Natural Law of Intellectual Property very much. I have the following comments or suggestions:
Letter To Guido Calabresi, Wendy J. Gordon
Letter To Guido Calabresi, Wendy J. Gordon
Scholarship Chronologically
As you may recall, I first became seriously entranced by your work when you gave the "Tragic Choices" lectures at Penn.
Blackmail: Deontology - 1993, Wendy J. Gordon
Blackmail: Deontology - 1993, Wendy J. Gordon
Scholarship Chronologically
The basic logic of my deontologic approach is this.
Blackmail: Dde-Type Inquiries - 1993, Wendy J. Gordon
Blackmail: Dde-Type Inquiries - 1993, Wendy J. Gordon
Scholarship Chronologically
DDE-type inquiries usually emerge from a particular brand of intuitionistically-applied deontology which one might call a "theory of side-constraints". From the deontologic notion that "persons are ends, not means," philosophers of this stripe have intuited a number of constraints that should constrain moral actors regardless of the cost. The science of side-constraints is obviously inconsistent with theories such as utilitarianism and economic wealth-maximization, where assessing the costs and benefits of an action constitute the primary guide for action. By contrast side-constraint philosophers tell us that one may not kill another person even to save a large number of other persons; …
Virtual Reality, Appropriation, And Property Rights In Art - Draft Of Bauer Lecture - 1993, Wendy J. Gordon
Virtual Reality, Appropriation, And Property Rights In Art - Draft Of Bauer Lecture - 1993, Wendy J. Gordon
Scholarship Chronologically
I would like to thank the Cardozo Law Review for their invitation to speak, and all those who have taken the time to discuss this issue with me in the recent past, including my commentator Marci Hamilton. I also thank the audience for its attendance and attention, and I look forward to the criticisms/reactions from all of you and from Prof Hamilton.
Blackmail: Property Right - 1993, Wendy J. Gordon
Blackmail: Property Right - 1993, Wendy J. Gordon
Scholarship Chronologically
It is not a paradox. For it to be a paradox, the following would have to be true: that when one is free to do one thing, or not to do it, one is also free to threaten to do it and sell that for money. But threat and sale are not even "lesser included acts" within doing and not doing; they are quite different from doing or not doing.