View Full Document

Alternatives to Intellectual Property



View the full content.
View Full Document
View Full Document

2 views

Unformatted text preview:

Alternatives to Intellectual Property By Jonathan Zittrain and Isaac Lidsky Introduction Very few observers of the Internet believe that it can be regulated sensibly through the staples of traditional Intellectual Property law whether because they doubt its efficacy enforceability or because they believe it s the wrong model for governing the sharing of creative expression Today s Internet still in evolution to be sure facilitates infringement of intellectual property rights on an unprecedented scale What can be done Efforts have varied Some advocate expanding the scope of intellectual property law in order to provide additional protection of digital assets that had been formally omitted from IP s sweep This can be accomplished through the development of new legislation and through the novel application or expansion of conventional doctrines to digital rights disputes Others endeavor to use new legislation to shore up technological shields developed by private industry This powerful approach can mandate the deployment of protective technologies and criminalize efforts to circumvent them Lastly some observers think that intellectual property law as applied to the Internet is already overly protective They argue that we should be looking for ways to reduce impediments to the use and reproduction of information More broadly they claim we must lower our expectations concerning the protections to which developers of ideas and information are entitled Cyberspace for them represents just the right opportunity to effect this change This module examines these three approaches and the extent to which they have influenced the development of thinking and the law Readings I Pushing the law to protect digital assets a Applying conventional non IP doctrines to protect digital intellectual property i Online Contracts A growing number of online businesses are attempting to shield their assets not through intellectual property law but through contracts A good example is the online



Access the best Study Guides, Lecture Notes and Practice Exams

Loading Unlocking...
Login

Join to view Alternatives to Intellectual Property and access 3M+ class-specific study document.

or
We will never post anything without your permission.
Don't have an account?
Sign Up

Join to view Alternatives to Intellectual Property and access 3M+ class-specific study document.

or

By creating an account you agree to our Privacy Policy and Terms Of Use

Already a member?