• Cover Image

The Public Domain : Enclosing the Commons of the Mind

By: James Boyle

...t permit gay activists to hold a “Gay Olympic Games.” The Supreme Court sees no First Amendment problem with this. 3 Margaret Mitchell’s estate fa- mo... ...nting of a peanut butter and jelly sandwich? “I just thought that there were limits,” he said; “some things should be sacred.” This book is an attempt... ...would that be the radio spectrum or a public park? Or stuff that is owned by no one, such as the deep seabed or the moon? Property’s outside, whether ... ...oorly; the common pasture will be overgrazed by the villagers’ sheep because no one has an incentive to hold back. When the subject is intellectual pr... ...on their products, even if someone else used it first? A trademark gives me a limited right to exclude other people from using my mark, or brand name, ... ... or brand name, or product shape, just as copyright and patent law give me a limited right to exclude other people from my original expression or my n... ...ot even know who holds the copyright. Compa- nies have gone out of business. Records are incomplete or absent. In some cases, it is even more complica... ...et Threat 71 ___-1 ___0 ___ 1 37278_u01.qxd 8/28/08 11:04 AM Page 71 A&M Records v. Napster. 24 Napster was a “peer-to-peer” file sharing system. T... ...o make a fair use of a copyrighted work by putting a red dot on their books, records, and films before selling them. It shall be a crime to circumvent ...

Read More