Over the last half century, as each new technology that facilitates private, noncommercial copying of copyrighted works has emerged, segments of the copyright-owning community have predicted destruction of their markets. Not only has this not happened, but in fact it has been quite difficult to...

Although fashion design protection now exists in many countries, debate continues over whether or not such protection is really needed. Usually, the dispute is framed as a conflict between the original designer and the “pirates” who seek where they have sewn , but certainly not created. The...

The enormous interest and controversy generated by the Google Library project demonstrates three important points. First, the potential of digitization as a way to preserve works to prevent their loss and destruction is tremendous. Second, the potential of digitization as a way to given access...

This essay, a response to Jeffrey Rosen's provocative book The Naked Crowd: Reclaiming Security and Freedom in an Anxious Age, takes issue with two aspects of the common understanding of the plight of a society threatened by terrorism. As Rosen puts it, fear of terrorism induces a scramble by...