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Demsetzian trend piece on

Ok, I have finally posted the work-in-progress, Evaluating the Demsetzian Trend in Copyright Law, on I welcome comments, criticisms, and the like. In the article, I critique the Demsetzian trend in copyright law and challenge some of the fundamental premises upon which the normative arguments for continued privatization and propertization of intellectual resources rest. I also talk about how copyright law is designed to be “leaky” in order to sustain common access to and use of resources needed to participate in a variety of spillover-producing activities. This discussion overlaps quite a bit with the Picker Moblog discussion of Julie’s paper on the “situated user,” summarized by Mike here.