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Absence

I have to extend apologies for my absence. I've returned to teaching, so I have been inundated with work. Rest assured that i will complete the tutorial series soon, and then move on to other topics. Hang in there for new content in just another day or so.

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Justifications for Intellectual Property Part 1: Utilitarianism

There is no way this tutorial series would be complete without some discussion of justifications for intellectual property. While not necessarily a matter of law, some knowledge of the philosophical foundations will provide a better sense of the values at stake in intellectual property debates. Notice, for instance, that the tutorials on fair use were punctuated with appeals to values, social goods, and individual rights. Without an understanding of the moral and political framework against which the law stands, one can very easily find oneself in a stalemate, with one value pitted against another and no way of deciding which should prevail. To understand the jurisprudence around intellectual property rights, one has to have some idea of the justifying theories to which attorneys and judges appeal in their arguments and decisions. So, without further ado, let's get to the tutorial.
There are three main ways of justifying intellectual property rights: the Utilitarian theory, the Lab…

Justifications for Intellectual Property Part 2: Labor-Desert Theories

I know it's been a little while, but I want to finish this tutorial series rather than abandoning it and moving on to other topics. Of course, I would have liked to have finished it by now, but various research and teaching-related obstacles have kept me nose down in the Real rather than preparing content to be released into the internet. Nevertheless, I'm returning to routine, so I'm going to release this installment today, rather than wait for my usual MWF release schedule.
At any rate, let's pick up where we left off and talk about justifications for intellectual property rights. While the utilitarian justification discussed in the last post enjoys the status of having been enshrined in law, scholars and jurists have often brought in other property-justifying theories. Perhaps the most popular of these are Labor-Desert justifications, best exemplified by John Locke (the philosopher, not the character on Lost).
In his Second Treatise on Civil Government, Locke const…

Digital Distribution

Continuing on this week's topic of first sale and digital distribution, I thought I would discuss emerging distribution strategies for digital media. The outline below comes from my observations on new media technologies, some of which can be found in an earlier entry here. As far as I can tell, digital distribution strategies can be divided into three categories according to salient features.
Access-Based distribution (“cloud” based services) the customer subscribes to a service the subscription entitles the customer to access content stored on the provider's servers content is remotely stored, though some items may be remotely cached for offline use when the subscription is terminated, the customer loses access to all content the content provider can exercise a great deal of control over what content is offered; the selection of content may vary over time, meaning that the customer is only guaranteed access to the cloud, not any particular item in the cloud typifie…