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16 Apr 2009, 12:53 pm
(Some of what follows probably repeats, perhaps with different emphasis, comments by David Fagundes and James Grimmelmann, Paul Ohm, and others.) [read post]
3 Oct 2018, 3:30 am by David Fagundes
David Fagundes It’s no longer news that a major proportion of property regulation happens outside the bounds of the law thanks to social norms and their extralegal enforcement. [read post]
12 Dec 2022, 3:30 am by David Fagundes
David Fagundes In popular culture, blockchains (to the extent they are understood at all) are associated with cryptocurrency, and following the crypto crash of 2022, increasingly dismissed as part of a classic asset bubble. [read post]
24 Jul 2024, 3:30 am by David Fagundes
David Fagundes If you jostle an IP scholar awake in the middle of the night and ask them, “What is the canonical justification for copyright and patent,” the first thing they’ll say is, “What the hell are you doing in my bedroom? [read post]
28 Mar 2022, 3:30 am by David Fagundes
David Fagundes Property scholars have long noted a gulf between the way laypeople think about ownership and how property law actually works.1 This gulf has widened in the digital age, as our beliefs about what we own and what ownership means have not kept pace with our complicated relationships with digital goods. [read post]
20 Jul 2017, 3:30 am by David Fagundes
David Fagundes It is now a familiar point that positive law accounts for only part of the systems that regulate human behavior. [read post]
15 Nov 2023, 3:30 am by David Fagundes
David Fagundes Some years ago I attended a presentation by a musicologist who specialized in giving testimony in copyright litigation. [read post]
9 Aug 2019, 3:30 am by David Fagundes
David Fagundes It’s not news that normatively fraught debates in legal academia tend to become polarized and then stuck. [read post]
20 May 2011, 7:31 pm by Ann Bartow
Here is the abstract: “Some groups use endemic social norms rather than formal law to regulate their intellectual property (IP). [read post]
16 Jul 2020, 3:30 am by David Fagundes
David Fagundes Several scholars have shown that while copyright law may appear facially race-neutral, in its application many of its provisions perpetuate systemic discrimination, particularly against African American creators. [read post]
17 Apr 2010, 1:21 pm by Kaimipono D. Wenger
Over at Prawfs, Dave Fagundes asks if we should replace paper reprints with digital. [read post]
17 Apr 2009, 1:25 pm
Thanks to distinguished participants Ann Bartow, Daithí Mac Síthigh, David Fagundes, Michael Froomkin, Nathaniel Gleicher, James Grimmelmann, Orin Kerr, Nancy Kim, Helen Norton, David Robinson, Dan Solove, and Kaimi Wenger and my co-bloggers Dave Hoffman, Frank Pasquale, and Deven Desai (who came up with the idea for the symposium, wrote superb posts, and organized the event) that conversation happened in a rich and… [read post]
10 Feb 2009, 2:47 pm
Rev. 87 (2009) [PDF] David Fagundes, Crystals in the Public Domain, 50 B.C. [read post]
21 Sep 2008, 8:26 am
Bravo to the co-founders (David Fagundes of Southwestern and Jason Solomon at Georgia)! [read post]
1 Jul 2008, 2:38 pm
Second, we have another slate of great visitors this month:  Bernie Meyler (Cornell), Ben Barros (Widener), Jason Solomon (Georgia, visiting at Vanderbilt this fall), Dave Fagundes (Southwestern), Doug Berman (Ohio State), Bennett Capers (Hofstra), David Schleiker (rising prawf at George Mason), and Adam Winkler (UCLA). [read post]
4 Aug 2016, 3:30 am by David Fagundes
David Fagundes What kind of legal wrong is copyright infringement? [read post]
27 Aug 2013, 5:14 am by Rebecca Tushnet
Aug. 13, 2013) (via David Fagundes) Kienitz, a professional photographer, took a photo of Wisconsin’s mayor, Soglin, and authorized him to use it as his official portrait. [read post]
1 Apr 2010, 8:21 am by Dan Markel
Many thanks in advance to: Bill Araiza (BLS); Jessie Hill (Case); Erik Knutsen (Queens); Mike Dimino (Widener); Carissa Hessick (ASU); Michael Risch (WVU); Jon Siegel (GW); Geoff Rapp (Toledo); James Grimmelmann (NYLS); and the inimitable David Fagundes (SW).Our guests this past month have been stellar too and so some of them may linger as they get some remaining thoughts off their collective chest. [read post]
1 Jun 2009, 1:36 pm
  Anna Gelpern, David Fagundes and David Schleicher  have all guestblogged, Anna right here at the Glom. 4. [read post]