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That statute is obsolete quite!”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).