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Blake Wilson - One of the best experts on this subject based on the ideXlab platform.

Dawn Sobol - One of the best experts on this subject based on the ideXlab platform.

Hadas Livnat - One of the best experts on this subject based on the ideXlab platform.

Barton Beebe - One of the best experts on this subject based on the ideXlab platform.

  • Intellectual Property Law and Post-Scarcity Society
    2019
    Co-Authors: Barton Beebe
    Abstract:

    Rapid technological progress has shifted discussion of the possibility of "post-scarcity society" from science fiction novels and utopian manifestoes to the pages of our newspapers and now to our Law reviews. Commentators imagine a world in which three-dimensional printing, advanced robotics, synthetic biology, and artificial intelligence will enable the low-cost at-home manufacture of nearly all commodities and provision of nearly all services. This lecture considers the implications of postscarcity society for Law and specifically for Intellectual Property Law. It focuses on the likely social role of Intellectual Property Law in a post-scarcity society and on the ways in which Intellectual Property Law will likely work to undermine the socially progressive promise of post-scarcity.

  • Shanzhai, Sumptuary Law, and Intellectual Property Law in Contemporary China
    2014
    Co-Authors: Barton Beebe
    Abstract:

    “Shanzhai” denotes the wide array of copying and appropriationist practices pervasive in contemporary China. These practices often take the form of the for-profit production of knockoffs and counterfeits of all manner of consumer goods (and even services), sometimes otherwise take the form of deliberate antiauthoritarian culture jamming, and sometimes take the form of both. This brief symposium contribution focuses on shanzhai status goods and on efforts in China to use Intellectual Property Law to suppress their production. Extending previous work on U.S. Intellectual Property Law, the article observes that Chinese Intellectual Property Law has come to take on, among its many functions, the function of sumptuary Law; the Law is being adapted to regulate and enforce China’s emerging system of consumption-based social distinction. The article is critical of this development and proposes two possible images of the future of shanzhai in China and elsewhere: a pessimistic and more likely image of the future in which Intellectual Property Law succeeds in it is role as sumptuary Law and effectively suppresses shanzhai practices, and an optimistic image of the future of shanzhai in which Intellectual Property Law fails as sumptuary Law and in which consumers continue to assert a “shanzhai attitude” inured to and dismissive of the imperatives of consumption-based social distinction.

  • Intellectual Property Law and the Sumptuary Code
    Harvard Law Review, 2010
    Co-Authors: Barton Beebe
    Abstract:

    TABLE OF CONTENTS INTRODUCTION 810 I. THE SUMPTUARY CODE AND THE PROBLEM OF COPYING TECHNOLOGY 817 A. The Sumptuary Code and the Fashion Process 819 B. The Limits of Competitive Consumption 824 C. The Social Problem of Copying Technology 830 II. Intellectual Property Law AS SUMPTUARY Law 836 A. The Ideology of the Copy 840 B. Intellectual Property Law as Antidilution Law 845 1. The Legal and Cultural Concept of Dilution 845 2. Trademark Law as Antidilution Law 848 3. Copyright Law as Antidilution Law 859 4. Design Protection Law as Antidilution Law 862 C. Intellectual Property Law as Authenticity Law 868 1. Geographical Indications Protection 870 (a) TRIPS Article 23 871 (b) The U.S.-E.C. Wine Agreement of 2006 873 2. Traditional Cultural Expressions Protection 875 III. THE FAILURE OF Intellectual Property Law AS SUMPTUARY Law 878 A. The Futility of Sumptuary Intellectual Property Law 880 B. From Sumptuary to Philanthropic Intellectual Property Law 884 CONCLUSION: FIAT Property 888 INTRODUCTION The Roman leges sumptuariae sought to regulate luxury expenditure and enforce social hierarchy in republican and imperial Rome. (1) Since these early Roman precursors, the history of sumptuary Law has been a bizarre one. (2) Consider the Japanese decree of 1668 that provided that "[p]uppet costumes must not be sumptuous. Gold and silver leaf must not be used on anything. But puppet generals only may wear gold and silver hats." (3) Or consider a sumptuary ordinance of seventeenth-century Nuremberg that lamented that "[i]t is unfortunately an established fact that both men- and womenfolk have, in utterly irresponsible manner, driven extravagance in dress and new styles to such shameful and wanton extremes that the different classes are barely to be known apart." (4) Most remarkable, perhaps, is the behavior of the Venetian Senate. In 1472, it called for the appointment of Provveditori sopra le Pompe, supervisors of luxury, to enforce the state's sumptuary Laws, (5) and in 1511, it issued, not for the last time, (6) a decree to the effect that "all new fashions are banned. ... [H]ence-forth no new fashion that may be imagined or told shall be suffered." (7) The next year, as the powerful League of Cambrai prepared to attack, the Senate found itself debating sleeve widths and shoe designs. (8) But it is not just the content of such Laws that may strike the reader as strange. For all of the "enormous sumptuary productivity" (9) of early modern Europe or the "ferocity of detail" (10) of Tokugawa sumptuary Law, these Laws were almost invariably ignored, circumvented, or openly defied (11)--so that an eighteenth-century London stage character would declare: "I don't care for it, now it is not prohibited." (12) Indeed, the history of sumptuary Law is filled with the likes of one Hannah Lyman, who, in 1676, chose to appear before a court in Northampton, Massachusetts, in the very dress that she was proscribed from and there being tried for wearing. (13) Though historians have advanced many competing theories to explain the pervasiveness and persistence of sumptuary regulation in human social history, one general proposition appears to be well accepted: societies impose sumptuary Laws in an effort to regulate and enforce their sumptuary codes. A society's sumptuary code (14) is its system of consumption practices, akin to a language (or at least "a set of dialects" (15)), by which individuals in the society signal through their consumption their differences from and similarities to others. …

David S Levine - One of the best experts on this subject based on the ideXlab platform.

  • ten challenges in technology and Intellectual Property Law for 2015
    2015
    Co-Authors: David S Levine
    Abstract:

    This is a lightly edited transcript of opening remarks given at the Wake Forest University Journal of Business and Intellectual Property Law Spring 2015 Symposium entitled Intellectual Property Strategy in the Digital Age on February 6, 2015.

  • bring in the nerds secrecy national security and the creation of international Intellectual Property Law
    2012
    Co-Authors: David S Levine
    Abstract:

    The negotiations of the international Anti-Counterfeiting Trade Agreement and Trans Pacific Partnership Agreement have been conducted largely in secret, elevating Intellectual Property piracy to the level of national security concerns for purposes of accessing information through the Freedom of Information Act (FOIA). However, the level of actual secrecy has been tiered, with corporate interests enjoying far more access to negotiation information than the general public. At the same time, similar Intellectual Property issues were negotiated in the relative transparency of Congress’ debate over the Stop Online Piracy Act and PROTECT IP Act, allowing for much greater public involvement. With national security concerns as the backdrop, the focus of this Article is the use of national security arguments to prevent the public, and more specifically, public experts (i.e., the “nerds”) from accessing information through FOIA about the creation of international Intellectual Property Law. The Article proposes ways to address the information failures existing in international Intellectual Property Lawmaking and international Lawmaking more generally from policy and, as introduced in this Article, theoretical perspectives.