Copy Fights: The Future of Intellectural Property in the by Adam Thierer, Visit Amazon's Clyde Wayne Crews Jr. Page,

By Adam Thierer, Visit Amazon's Clyde Wayne Crews Jr. Page, search results, Learn about Author Central, Clyde Wayne Crews Jr.,

A debate at the concept of highbrow estate, the evolution of copyright and patent legislation, and using expertise to guard highbrow estate. a major publication on state of the art matters.

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Sample text

Think-tank staffers who regard the government’s antitrust prosecution of Microsoft as an attack on intellectual property rights note wryly that Microsoft employees are major supporters of anti-property movements in the Northwest, and rarely see the connection between the government’s quick willingness to appropriate Microsoft software and their cavalier attitudes toward the rights of owners of other types of property. 11 Washington scuttlebutt lays responsibility on the Disney Corporation, which was petrified about the expiration of copyright on some of its cartoon characters.

S. ’’ J. H. Reichman, ‘‘Legal Hybrids between the Patent and Copyright Paradigms,’’ Columbia Law Review 94 (1994): 2432, 2460. 48. See generally Richard A. : Harvard University Press, 1995). 49. Bell, ‘‘Escape from Copyright,’’ pp. 804–5. 50. See, for example, Tom W. Bell, ‘‘Fair Use vs. html. 51. See, for example, Tom W. html. 52. ’’ For an explanation of why that might both appeal to the copyright lobby and promote the development of extra statutory protections of expressive works, see Bell, ‘‘Escape from Copyright,’’ pp.

Ignorance of the relevant quantitative data does matter, however, to arguments over the proper scope of copyright and patent law. By all accounts, copyright and patent law aim to strike a ‘‘delicate balance’’ between public and private interests. By most accounts, moreover, and by the only convincing ones, the justifiability of copyright and patent protection relies on a showing that lawmakers have managed to at least approximate that balance. But due to knowledge problems,2 copyright and patent law has not and indeed cannot strike a delicate balance between public and private interests.

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