February 22, 2007

The power of analogy

Category: Academic,IP Law,Politics,Tech — Biella @ 8:52 am

The other night I was rocking out to a newly acquired swath of rock and techno from the 1970s and 1980s when Mako pinged me on IRC to chat about my recent blog post, the outcome of which the was his following blog entry. And indeed, I made the associations and links very quickly to gesture to the absurdity of how these example are collapsed and under the umbrella of IP law and as a move to argue for maximalist positions. He took the time to explain how certain folks, like Pat Choate in Hot Property used these very examples to argue for more not less protection.

Does anyone know of a case of people using these types of examples to argue the opposite or differently as I think can also be done?? (that is aside from Mako’s wonderful post)

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