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The Public Domain : Enclosing the Commons of the Mind

By: James Boyle

...ilities—using the history of a single song as my case study. On August 29th, 2005, a hurricane made landfall in Louisiana. The forecasters called it “... ...x the law in this area. When the case of Bridgeport Music, Inc. v. Dimension Films came up, they thought they had what they wanted. The band NWA had u... ..., “Peanut Butter and Jelly Case Reaches Federal Circuit,” IPLaw360 (April 7, 2005), available at http://www.iplawbulletin.com. For the Board of Patent... ...se Legislation: A Critical Analysis,” Yale Jour- nal of Law & T echnology 7 (2005): 534–642; Miriam Bitton, “T rends in Protection for In- formational... ...eald, “A Transaction Costs Theory of Patent Law,” Ohio State Law Journal 66 (2005): 473–509; and Robert Merges, “A T ransactional View of Property Rig... ...T ransactional View of Property Rights,” Berkeley Technology Law Journal 20 (2005): 1477–1520. Of course, just as the incentives account of intellectu... ... at http:// www.law.duke.edu/cspd/pdf/cspdproposal.pdf, and Access to Orphan Films: Submission to the Copyright Office—March 2005, available at http://... ...k: New York University Press, 2001). 22. Bridgeport Music, Inc. v. Dimension Films, 410 F .3d 792, 804n16 (6th Cir. 2005). 23. Walter Benjamin, “The W... ...bham, 187, 288n9. Bridgeport Music case (Bridgeport Music, Inc. v. Dimension Films, 383 F .3d 390 (6th Cir. 2004)), 149–152, 154, 155, 156, 158, 159, ...

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