Critical Copyright, and more
“You must know – ” said the Judge: but the Snark
exclaimed “Fudge!
That statute is obsolete quite!”
– Lewis Carroll, The Hunting
of the Snark (Fit the Sixth)
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 analyses to that end, check
out my essays. ·
For proposals for hard cases, see my Principles for Copyright.
·
For a global practice guide, go to International Copyright.
·
For others’ critiques, read over my bibliography.
For
my publications, terms of use, etc., see my
résumé. Home is here: Paul |
* “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). |