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The Public Domain : Enclosing the Commons of the Mind

By: James Boyle

...1930s, or the films of the Second World War, or footage on the daily lives of African-Americans during segregation, or the music of the Great Depressio... ...t first they were successful. 36 As Yochai Benkler puts it, Alice Randall, an African American woman, was ordered by a government official not to publis... ...way of seeing the world; think of the early-twentieth-century rules treating unions as “conspiracies in restraint of trade” or the Supreme Court decis... ...gree with him from quoting his autobiography in dis- cussing his life. If an African-American author wishes to tell the story of Gone With the Wind fr... ...tive. Presumably government economists in the United States and the European Union have been hard at work ever since, seeing if the right actually wor... ...right actually worked? Well, not exactly. Despite the fact that the European Commission has a legal obligation to re- view the Database Directive for ... ... to the actual evidence of whether the Directive helps or hurts the European Union, or whether the database industry in the United States has collapse... ...ws, and charts of popular music. The sad list goes on and on. The Europe- an Commission might ask itself whether these are really the kind of “data- b... ...ntil its efficacy and harmfulness could be reassessed. At the very least, the Commission needed a detailed empirical review of the directive’s effects,...

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