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The Public Domain : Enclosing the Commons of the Mind

By: James Boyle

...ts for us? Why do we have trademark law, this “homestead law for the English language”? 4 Why not simply allow anyone to use any name or attractive sy... ...ory—so long as he has a reason for focusing on that commonality. Second, the language of intellectual property exists. It has politi- cal reality in t... ...tual property exists. It has politi- cal reality in the world. Sometimes the language confuses and misleads. There are two possible reactions to such ... ...ne can attempt to point out the misperceptions and confusions using the very language in which they are embedded. I do not reject the first tactic. It ... ... 30 The economists made exactly Macaulay’s argument, though in less graceful language. They pointed out that copyright extension imposed enormous cost... ...tious Speech: The DMCA and Freedom of Expression Jon Johansen, a 16-year-old Norwegian, was the unwitting catalyst for one of the most important cases... ...ght have changed all of that. Let us return to Mr. Johansen, the 16-year-old Norwegian. He and his two anonymous collaborators claimed that they were ... ... the Farmers’ Tale was all about. Perhaps one day, in a case not involving a Norwegian teenager, a hacker maga- zine run by a long-haired editor with ...

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