so much has been going on that i can scarcely keep up – especially since I just started working full-time with Brennan Center’s Free Expression Policy Project on a new Fair Use Empowerment Initiative.
but lately I’ve been reading:
- Perfect 10
- Illinois Tool Works v. Independent Ink (antitrust / patent borders). William Patry has the most insightful commentary I’ve seen thus far on implications for misuse doctrine. No surprise that the *AAs are happy about this. I’m concerned about the ultimate implications w/r/t policy rationales on DMCA anti-circumvention and shrinkwrap licensing …
- Common Law Property Metaphors on the Internet: The Real Problem with the Doctrine of Cybertrespass, by Shyamkrishan Balganesh, surveys the state of cybertrespass doctrine & considers the property doctrine problems. Available at SSRN.