Copy Fights: The Future of Intellectual Property in the Information Age

Front Cover
Adam D. Thierer, Clyde Wayne Crews
Cato Institute, 2002 - Law - 295 pages
The modern information revolution has created a whole new set of policy issues concerning intellectual property rights that must be addressed, including what kind of copyright protections are appropriate for books and musical works, an issue popularised by the controversy over Napster.

From inside the book

Contents

1 Indelicate Imbalancing in Copyright and Patent Law
1
2 Defending Intellectual Property
17
3 Intellectual Property Information Age
37
4 Are Patents and Copyrights Morally Justified? The Philosophy of Property Rights and Ideal Objects
43
II
93
5 The Future of Intellectual Property in the Information Age
95
6 His Napsters Voice
107
7 Revising Copyright Law for the Information Age
125
11 The New Legal Panic over Copyright
177
12 Life after the DMCA and Napster
185
Can Freedom of Speech Survive?
189
Legal or Market Solutions?
197
15 Protecting Intellectual Property in the Digital Age
205
16 How Can They Patent That?
221
Nothing New under the Sun
229
A Systematic Approach to Evaluating Obviousness
237

8 How Copyright Became Controversial
147
9 A Lukewarm Defense of the Digital Millennium Copyright Act
163
Providing Locks for Digital Doors
171
Contributors
273
Index
281
Copyright

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Common terms and phrases

Popular passages

Page 82 - Though the earth, and all inferior creatures be common to all men, yet every man has a property in his own person. This no body has any right to but himself. The labour of his body, and the work of his hands, we may say, are properly his.
Page 56 - ... upon a supposition that God gave the world to Adam and his heirs in succession, exclusive of all the rest of his posterity. But I shall endeavour to show how men might come to have a property in several parts of that which God gave to mankind in common, and that without any express compact of all the commoners.
Page 50 - A monopoly is an institution, or allowance by the king by his grant, commission, or otherwise to any person or persons, bodies politic or corporate, of or for the sole buying, selling, making, working, or using of anything, whereby any person or persons, bodies politic or corporate, are sought to be restrained of any freedom or liberty that they had before, or hindered in their lawful trade.
Page 239 - In the language of the statute, any person who "invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent," subject to the conditions and requirements of the law.
Page 57 - tis plain if the first gathering made them not his, nothing else could. That labour put a distinction between them and common; that added something to them more than Nature, the common mother of all, had done, and so they became his private right.
Page 56 - He that is nourished by the acorns he picked up under an oak, or the apples he gathered from the trees in the wood, has certainly appropriated them to himself.
Page 235 - Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Page 83 - ... a man not having the power of his own life cannot by compact or his own consent enslave himself to any one, nor put himself under the absolute arbitrary power of another to take away his life when he pleases.
Page 4 - The utility of this power will scarcely be questioned. The copyright of authors has been solemnly adjudged, in Great Britain, to be a right at common law. The right to useful inventions seems with equal reason to belong to the inventors.

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