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10 Feb 2017, 2:05 pm by Rebecca Tushnet
., Mary Ann Glendon—an interesting debate on the right over what IP is and whether it’s a right; Julie Cohen: rights talk in privacy v. [read post]
11 Aug 2016, 10:25 am by Rebecca Tushnet
Predictable v. unpredictable. [read post]
20 Feb 2016, 12:30 pm by Rebecca Tushnet
 Lunney: You show larger revenues for big content industries in nations with fair use v. those without, but you aren’t making causal claims. [read post]
19 Feb 2016, 11:57 am by Rebecca Tushnet
 Lunney: Why do TM owners sue over tarnishment then? [read post]
19 Feb 2016, 10:12 am by Rebecca Tushnet
  Maybe we need to balance incentives for marginal artists v. incentives for most popular, instead of incentives v. access. [read post]
2 Oct 2015, 7:31 am by Rebecca Tushnet
   Glynn Lunney: Book talks about equality of speakers. [read post]
7 Aug 2015, 12:00 pm by Rebecca Tushnet
 Lunney: Preserving incentives or preserving creation? [read post]
17 Apr 2015, 12:03 pm by Rebecca Tushnet
They went on to distinguish expected/accepted copying v. offensive copying. [read post]
17 Apr 2015, 10:45 am by Rebecca Tushnet
 Findings: Nearly 70% are post-Campbell. [read post]
9 Feb 2015, 8:49 am by Rebecca Tushnet
Case by case v. systematic: the cost of false positives and false negatives; court doesn’t consider the long-run consequences, like Boston Hockey or post-sale confusion. [read post]
9 Feb 2015, 5:25 am by Rebecca Tushnet
 Lunney: Are these leftover Dastar TM claims? [read post]
6 Feb 2015, 9:28 am by Rebecca Tushnet
 Sheff: question is ex ante costs of rigor v. ex post costs of resolving conflicts; reasonable people disagree. [read post]
6 Feb 2015, 8:11 am by Rebecca Tushnet
 Coca-Cola’s treatment in Canada v. [read post]
24 Oct 2014, 2:10 pm by Rebecca Tushnet
  Still might be a case for enforcement—the legitimate seller still needs some way of recovering; illegality can be a form of price discrimination by segmenting the market.Sprigman: law on books v. law on streets. [read post]