What's got “The Slants” case, CUMFIESTA, Fuckingmachines, Nutsacks, and Japanese porn?

My latest law review article does!

Randazza, Marc J., Freedom of Expression and Morality Based Impediments to the Enforcement of Intellectual Property Rights (January 16, 2016). Nevada Law Journal, Vol. 16, No. 1, 2016.

When I did my LLM in International Intellectual Property in Italy, I had to write a thesis. What else would I write but a study of how morality can get in the way of enforcing intellectual property rights? Download early and download often.

Last 5 posts by Marc Randazza

Comments

  1. says

    SSRN has noted some odd download patterns for this document. I wonder why?
    Anyway, heads up readers, you might have to create a (free) account to have your download "count" for this one.

  2. Derrill says

    That means you live in Nevada, yeah. I assume Vegas, because everyone but me lives in Vegas. I'm up near Reno, but my sister lives in Vegas. You up for being taken out to dinner (someplace public obvs) when I come down to visit her?

  3. says

    You don't need to live in Nevada to publish in the Nevada Law Journal. Although, I did choose to publish with them because I do live in Nevada. I wanted to back the home team.

  4. AH says

    I'm only about 1/3 of the way through, but it's definitely an interesting article. I particularly like the attention played to jurisdictions outside of the US, I haven't read much about other countries laws related to IPR.

  5. Michael 2 says

    What a relief from a daily diet of global warming doom. 36 pages of well-researched and mildly interesting legalese! The law is what people say it is. It changes as people change.

  6. onehsancare says

    Let's just say I won't download it at work (not that the hyper-vigilant internet nannies would allow it if I tried . . . .).

  7. AH says

    Let's just say I won't download it at work (not that the hyper-vigilant internet nannies would allow it if I tried . . . .).

    I must concur with Marc Randazza here, after reading the entire article, there is nothing in it which can be construed as to appeal to the prurient interest, offensive depictions of sexual or excretory function, and I does have legitimate political and artistic value.

    And, suffice it to say I've read things that did violate at least the first two, if not the last of the Miller test.

  8. Simon Elliott says

    "Morality" is often invoked in IP contexts as a rationalization for politically-based decisions. This includes "we don't want to pay you for your drugs" (India, South Africa, Canada), "we dont want your foreign products competing with our wine and cheese" (France, Italy), and "we don't like the Redskins (USA).

  9. MrSpkr says

    But no mention of Prenda, a champion of not letting morality or ethics get in the way of asserting its client's intellectual property rights.

  10. Scott Jacobs says

    Im sure it would be allowed. Its an academic journal!

    Great. Another bit of paper where when I say "I read it for the articles," people won't believe me…

  11. says

    As a person who soon gets to help with a graduate seminar on technical writing, in which I will be discussing the worst abstract I have ever seen*, I must say that this is the BEST. ABSTRACT. EVER.

    (The keywords are pretty spiffy, too.)

    Thanks to The Great Randazza for playing for the home team.

    (*No really, I should not have to call your dissertation chair and ask WTF is this paper about other than Math when I am trying to get it into the repository with good metadata.)

  12. Shelby says

    As someone with enough love for Nevada that I moved to Reno for a year (and liked it even more than I expected!), thanks!

    Also, lawyer, 1st Amendment, etc.

  13. says

    @ MrSpkr

    But no mention of Prenda, a champion of not letting morality or ethics get in the way of asserting its client's intellectual property rights.

    How do you know? You clearly didn't read it. If you had, you'd know that it didn't have a fucking thing to do with Prenda, nor would a discussion of Prenda have made a lick of sense in it. Not every single thing that chaps your ass belongs in every single discussion of everything else. Don't read my article, you're too fucking stupid.

  14. Nick says

    Marc,

    I enjoyed reading your article. I have little familiarity with patent jurisprudence, but am somewhat familiar with trademark and copyright.

    The fact that TRIPS allows countries to set copyright rules based on morality is just the kind of loophole that could lead to an extremely profitable copyright infringement business set in that jurisdiction. As the judge in England pointed out – an ironic result that not affording protection leads to more morally objectionable material in the public domain.

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  1. […] appreciation of the profane, there's always Marc Randazza's new law review article, answering the critical question, "What's got 'The Slants' case, CUMFIESTA, Fuckingmachines, Nutsacks, and […]