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James Boyle, Oct 25th, 2021
There are a few useful phrases that allow one instantly to classify a statement. For example, if any piece of popular health advice contains the word “toxins,” you can probably disregard it. Other than, “avoid ingesting them.” Another such heuristic is that if someone tells you “I just read something about §230..” the smart bet is to respond, “you were probably misinformed.” › Continue reading
I will probably never be published in a law review ever again after writing this. I find myself curiously untroubled by the thought. › Continue reading
I teach at Duke University, an institution I love. The reverse may not be true however, at least after my most recent paper (with Jennifer Jenkins) — Mark of the Devil: The University as Brand Bully. (forthcoming in the Fordham Intellectual Property and Entertainment Law Journal). The paper is about the university most frequently accused of being a “trademark bully” — an entity that makes assertions and threats far beyond what trademark law actually allows, something that is all too common, with costs to both competition and free speech. Unfortunately, that university is our own — Duke.
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The Economist was kind enough to ask me to write an article commemorating the 50th anniversary of Garrett Hardin’s Tragedy of the Commons. ““THE ONLY way we can preserve and nurture other and more precious freedoms is by relinquishing the freedom to breed.” This ominous sentence comes not from China’s one-child policy but from one of the 20th century’s most influential—and misunderstood—essays in economics. “The tragedy of the commons”, by Garrett Hardin, marks its 50th anniversary on December 13th.” Read the rest here.
I am posting here a draft of a chapter for Ruth Okediji’s forthcoming book on the possibilities of international intellectual property reform. In my case, the article recounts the lessons I learned from being part of the Hargreaves Review of Intellectual Property in the UK.
“In the five months we have had to compile the Review, we have sought never to lose sight of David Cameron’s “exam question”. Could it be true that laws designed more than three centuries ago with the express purpose of creating economic incentives for innovation by protecting creators’ rights are today obstructing innovation and economic growth? The short answer is: yes. We have found that the UK’s intellectual property framework, especially with regard to copyright, is falling behind what is needed. Copyright, once the exclusive concern of authors and their publishers, is today preventing medical researchers studying data and text in pursuit of new treatments. Copying has become basic to numerous industrial processes, as well as to a burgeoning service economy based upon the internet. The UK cannot afford to let a legal framework designed around artists impede vigorous participation in these emerging business sectors.” Ian Hargreaves, Foreword: Hargreaves Review (2011)
Read the chapter.
Duke’s Center for the Study of the Public Domain is announcing the publication of Intellectual Property: Law & the Information Society—Cases and Materials by James Boyle and Jennifer Jenkins. This book, the first in a series of Duke Open Coursebooks, is available for free download under a Creative Commons license. If you do not want to use the entire casebook you can view and download the individual chapters (in a variety of formats) here. It can also be purchased in a glossy paperback print edition for $29.99, $130 cheaper than other intellectual property casebooks.
Today is the second day of “Copyright Week!” Talk about a lede. That sentence has all the inherent excitement of “Periodontal Health Awareness Week” or “‘Hug Your Proctologist! No, After He’s Washed His Hands’ Week.” And that’s a shame. Copyright Week is a week devoted to our relationship with our own culture. Hint: things aren’t going well. The relationship is on the rocks. › Continue reading
Professor Alex Sayf Cummings, author of a fascinating book called Democracy of Sound: Music Piracy and the Remaking of American Copyright in the 20th Century (recommended as a thought-provoking read) has an interesting post up about attempts to shut down music lyric sites such as Rapgenius.com. › Continue reading
Academics (and others) arrange conferences. Perfectly normal people are invited to those conferences to speak. Most of them are just as charming as can be… but then there are the special ones. This Top 10 List of the special people one has to respond to is devoted to all conference planners everywhere. Hold your heads up high. After this, purgatory should be a snap. › Continue reading