Comments on: What Can I Do With That Fabric Thing? http://madisonian.net/2006/10/17/what-can-i-do-with-that-fabric-thing/ a blog about law, tech, culture, and related things Thu, 10 May 2012 20:32:56 -0500 http://wordpress.org/?v=2.8.4 hourly 1 By: mamaw http://madisonian.net/2006/10/17/what-can-i-do-with-that-fabric-thing/comment-page-1/#comment-298725 mamaw Sun, 01 Nov 2009 19:01:51 +0000 http://madisonian.net/?p=853#comment-298725 I want to make dog clothes featuring fabric for sports and racing teams as well as other fabrics. Will this be a problem? I have not started yet but do have plans to if I can use the fabric. There will not be a hugh amount of money involved -about $15.00 each Please give me some idea if I can ? I am not in the mood to get sued. Thank you for the answer. I want to make dog clothes featuring fabric for sports and racing teams as well as other fabrics.
Will this be a problem?
I have not started yet but do have plans to if I can use the fabric.
There will not be a hugh amount of money involved -about $15.00 each
Please give me some idea if I can ?
I am not in the mood to get sued.
Thank you for the answer.

]]> By: Mike Madison http://madisonian.net/2006/10/17/what-can-i-do-with-that-fabric-thing/comment-page-1/#comment-87097 Mike Madison Wed, 18 Oct 2006 18:08:53 +0000 http://madisonian.net/?p=853#comment-87097 But see <a href="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=709121" rel="nofollow">Michael J. Madison, Law as Design: Objects, Concepts, and Digital Things, 56 Case W. Res. L. Rev. 381 (2005)</a> (aka "Madison on Things," which is a nice title for a fictional treatise). Glen's piece relies heavily on modern developments in software licensing, which are troublesome for reasons that I've written about elsewhere, and one self-cite in a comment is probably too much already. If the software cases drop out, as they should, then we're left with a very small group of very old cases that suggest that restrictive notices are enforceable -- sometimes. In the end, though, and for reasons that Madison on Things talks about, we may agree more on policy than you suspect! But see Michael J. Madison, Law as Design: Objects, Concepts, and Digital Things, 56 Case W. Res. L. Rev. 381 (2005) (aka “Madison on Things,” which is a nice title for a fictional treatise). Glen’s piece relies heavily on modern developments in software licensing, which are troublesome for reasons that I’ve written about elsewhere, and one self-cite in a comment is probably too much already. If the software cases drop out, as they should, then we’re left with a very small group of very old cases that suggest that restrictive notices are enforceable — sometimes.

In the end, though, and for reasons that Madison on Things talks about, we may agree more on policy than you suspect!

]]> By: Susan Scafidi http://madisonian.net/2006/10/17/what-can-i-do-with-that-fabric-thing/comment-page-1/#comment-87080 Susan Scafidi Wed, 18 Oct 2006 16:41:14 +0000 http://madisonian.net/?p=853#comment-87080 Mike, I often agree with you on law, if not always on policy, but I think a clarification is in order here. To wit, there is no "rule against equitable servitudes in chattels." They are historically disfavored for reasons that are somewhat unclear but most likely have to do with concern regarding restraints against alienation -- but may be enforceable nonetheless. See Glen O. Robinson, Personal Property Servitudes, 71 U. Chi. L. Rev. 1449 (2004). (My guess is that you already knew that, but were engaging in blog shorthand.) If you choose to argue that *this* restriction is unreasonable, I would still disagree, but that's a different (and probably policy-imbued) matter. Best, Susan Mike, I often agree with you on law, if not always on policy, but I think a clarification is in order here. To wit, there is no “rule against equitable servitudes in chattels.” They are historically disfavored for reasons that are somewhat unclear but most likely have to do with concern regarding restraints against alienation — but may be enforceable nonetheless. See Glen O. Robinson, Personal Property Servitudes, 71 U. Chi. L. Rev. 1449 (2004). (My guess is that you already knew that, but were engaging in blog shorthand.) If you choose to argue that *this* restriction is unreasonable, I would still disagree, but that’s a different (and probably policy-imbued) matter.

Best,
Susan

]]> By: Brett Frischmann http://madisonian.net/2006/10/17/what-can-i-do-with-that-fabric-thing/comment-page-1/#comment-87056 Brett Frischmann Wed, 18 Oct 2006 15:39:40 +0000 http://madisonian.net/?p=853#comment-87056 Well done. Of course, it is all about knowing the nature of the "thing." See Madison on Things. Well done. Of course, it is all about knowing the nature of the “thing.” See Madison on Things.

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