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« An Advertisement Effort by the MPAA | Main | An Independent Perspective »

September 26, 2004

Comments

I couldn't agree more. One point that I recall from my copyright class in law school was that large rights-holders, such as one in particular who has strong interests vested in a mouse that shall remain nameless, tend to use copyright law to protect their trademark interests. It has always seemed to me that trademark law, which is stronger and less limited by constitutional langauge, should be the default for protecting IP used in trade. I don't understand why we assume that copyright law, which merely protects expression, should protect figurations or other characterizations that have fully assumed their own role in the marketplace. As you might expect, I fully support Prof. Lessig's attempts to bring a rational balance to copyright regimes through his creative commons rubric.

Thanks for putting this forum up here. I just found it today, and it strikes me as a very interesting one.

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