Copy Fights: The Future of Intellectual Property in the Information AgeAdam D. Thierer, Clyde Wayne Crews 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
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Page xii
... property online may edge toward zero . Anonymous publishing systems promise to accelerate this trend . Everyone ... tangible property holders rely not merely on the law but also on technology in the form of fences , locks , and safes to ...
... property online may edge toward zero . Anonymous publishing systems promise to accelerate this trend . Everyone ... tangible property holders rely not merely on the law but also on technology in the form of fences , locks , and safes to ...
Page xvii
... tangible property . Undercutting the roots of intellectual property law might undermine the foundations of all property law . On the other hand , some creators seek ( and often receive ) excessive terms of protection — which seemingly ...
... tangible property . Undercutting the roots of intellectual property law might undermine the foundations of all property law . On the other hand , some creators seek ( and often receive ) excessive terms of protection — which seemingly ...
Page xx
... property and relying on self- help apply to physical property too , he notes , but we don't use that fact to justify ... tangible property rights , which are based on legitimate scarcity , given that two people cannot use the same XX ...
... property and relying on self- help apply to physical property too , he notes , but we don't use that fact to justify ... tangible property rights , which are based on legitimate scarcity , given that two people cannot use the same XX ...
Page xxi
The Future of Intellectual Property in the Information Age Adam D. Thierer, Clyde Wayne Crews. scarcity , given that two people cannot use the same piece of tangible property at the same time . Intangible creations , however , can be ...
The Future of Intellectual Property in the Information Age Adam D. Thierer, Clyde Wayne Crews. scarcity , given that two people cannot use the same piece of tangible property at the same time . Intangible creations , however , can be ...
Page 3
... property . I focus here solely on copyrights and patents , which alone out of all intellectual property protections ... tangible item in which he fixes his creativity — not to some intangible wisp of the metaphysical realm.10 It speaks only ...
... property . I focus here solely on copyrights and patents , which alone out of all intellectual property protections ... tangible item in which he fixes his creativity — not to some intangible wisp of the metaphysical realm.10 It speaks only ...
Contents
1 | |
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 |
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Common terms and phrases
anti-circumvention applications argues argument artists authors broadcast business method claim business method patents Cato Institute commercial compulsory license Congress consumers content owners contract copy protection copyright and patent copyright holders copyright infringement copyright law copyright owners copyright protection Court create creation creative creators cyberspace debate defend Digital Millennium Copyright digital rights management distribution DMCA downloads economic electronic encryption example fair files Ibid ideal objects ideas individual intellectual property rights invention inventor issues John Perry Barlow Journal Law Review license limited Lysander Spooner Millennium Copyright Act moral movie MusicNet Napster natural rights obvious ownership patent law patents and copyrights peer-to-peer person piracy Pressplay prior art problem publishers question record companies self-ownership solution Street Bank decision tangible property theory tion unauthorized University users USPQ USPQ2d videocassette recorder
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.