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The Public Domain : Enclosing the Commons of the Mind

By: James Boyle

...s? Even the ones they claim to have been dictated by gods or aliens? Even if American copyright law requires “an author,” presumably a human one? 9 Ca... ...r the films of the Second World War, or footage on the daily lives of African-Americans during segregation, or the music of the Great Depression, or th... ...hey were successful. 36 As Yochai Benkler puts it, Alice Randall, an African American woman, was ordered by a government official not to publish her cr... ...nt of the romantic theory of authorship in the context of contemporary Anglo-American copyright law. But when one looks at the his- tory of the French... ... in restraint of trade” or the Supreme Court decisions that dispossessed the American Indians on the theory that they did not comprehend the concept o... ...ebate the impor- tance of open access to scholarly journals. Geographers and climatologists fume over access to geospatial data. The movement has been...

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