Critical Copyright, and more
“You must know – ” said the Judge: but the Snark
That statute is obsolete quite!”
– Lewis Carroll, The Hunting of the Snark (Fit 6)
The Barrister’s Dream of the Snark in Court
Illustration by Henry Holiday
Debate is raging over intellectual property online. But we're often distracted by snark-like creatures of our minds that sidetrack our discussions and deadlock our initiatives. To regain focus, we'd do well to critique our premises.*
· For theoretical work to that end, check out my essays.
· For reform proposals, see my Copyright Principles.
· For practice guides, go to International Copyright.
· For others’ critiques, check out my bibliography.
* “Patents and copyrights approach, nearer than any other class of cases belonging to forensic discussions, to what may be called the metaphysics of the law, where the distinctions are, or at least may be, very subtile and refined, and, sometimes, almost evanescent.” – Justice Story, Folsom v. Marsh, 9 Fed. Cas. 342, 344 (C.C.D. Mass 1841) (No. 4901).