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The Nature of Sympathy explores, at different levels, the social emotions of fellow-feeling, the sense of identity, love and hatred, and traces their relationship to one another and to the values with which they are associated. Scheler criticizes other writers, from Adam Smith to Freud, who have argued that the sympathetic emotions derive from self-interested feelings or instincts. He reviews the evaluations of love and sympathy current in different historical periods and in different social and religious environments, and concludes by outlining a theory of fellow-feeling as the primary source of our knowledge of one another.

A prolific writer and a stimulating thinker, Max Scheler ranks second only to Husserl as a leading member of the German phenomenological school. Scheler's work lies mostly in the fields of ethics, politics, sociology, and religion. He looked to the emotions, believing them capable, in their own quality, of revealing the nature of the objects, and more especially the values, to which they are in principle directed.

"Scheler's book is in many ways important and great. The questions raised and the method followed are important: modern British thought with its crude use and abuse of the "emotive theory" could do well with a systematic study of the emotions which might show them up as complex intentional structures, and which might rely as much on the phenomenological insights of a Scheler, as on the behaviouristic flair of Gilbert Ryle."--J.N. Findlay, Mind

Max Scheler (1874-1928) was a professor of philosophy and sociology at the University of Cologne and was best known for his work in phenomenology, ethics, and philosophical anthropology.

Peter Heath (1920-2002) was a professor of philosophy at the University of Virginia and was former president of the Lewis Carroll Society of North America.

Werner Stark (1910-1985) was professor of sociology at Fordham University. He is recognized for his work in sociology of religion, social theory, and sociology of knowledge.

Graham McAleer is professor of philosophy and co-chair of the Catholic Social Thought Committee at Loyola College in Maryland.

Countless great products have failed to show up on the market because the "creators," average people with five-second flashes of inspiration, didn't know what to do with their ideas. The 5-Second Inventor gives these people a step-by-step guide through the process that professional developers use to produce and market products, but focuses on self-production. Ken Chuah uses his own experiences to help the beginning "inventpreneur" (an inventor/entrepreneur) with low-budget strategies, a unique screening test to pinpoint the best manufacturers, and an in-depth chapter on understanding Chinese culture for the outsourcing inventpreneur. The 5-Second Inventor streamlines the process of converting ideas into products, emphasizing self-production rather than licensing deals. A reader will learn to identify his or her idea's potential with market research pinpointing the potential product's target audience. For security during this and the development process, The 5-Second Inventor covers different types of patents, non-disclosure agreements, and other ways to protect intellectual property. For the production phase, it outlines strategies for minimizing the initial startup budget. This includes the pros and cons of overseas manufacturing and information for the inventpreneur who chooses an overseas manufacturing partner. Ken gives advice for working with different types of retail buyers, such as big chain stores or online retailers. The 5-Second Inventor gives guides for publicity, marketing, and methods of selling one's innovative product. Written in layman's terms for people new to the invention industry, The 5-Second Inventor is the perfect guide for beginning inventpreneurs.
In this eye-opening work, the president of the ACLU takes a hard look at the human and social costs of the War on Terror. Over a decade after 9/11, it is far from clear that the government's hastily adopted antiterrorist tactics--such as the Patriot Act--are keeping us safe, but it is increasingly clear that these emergency measures in fact have the potential to ravage our lives--and have already done just that to countless Americans. From the Oregon lawyer falsely suspected of involvement with terrorism in Spain to the former University of Idaho football player arrested on the pretext that he was needed as a "material witness" (though he was never called to testify), this book is filled with unsettling stories of ordinary people caught in the government's dragnet. These are not just isolated mistakes in an otherwise sound program, but demonstrations of what can happen when our constitutional protections against government abuse are abandoned. Whether it's running a chat room, contributing to a charity, or even urging a terrorist group to forego its violent tactics, activities that should be protected by the First Amendment can now lead to prosecution. Blacklists and watchlists keep people grounded at airports and strand American citizens abroad, although these lists are rife with errors--errors that cannot be challenged. National Security Letters allow the FBI to demand records about innocent people from libraries, financial institutions, and internet service providers without ever going to court. Government databanks now brim with information about every aspect of our private lives, while efforts to mount legal challenges to these measures have been stymied. Barack Obama, like George W. Bush, relies on secrecy and exaggerated claims of presidential prerogative to keep the courts and Congress from fully examining whether these laws and policies are constitutional, effective, or even counterproductive. Democracy itself is undermined. This book is a wake-up call for all Americans, who remain largely unaware of the post-9/11 surveillance regime's insidious and continuing growth.
This smart, “riveting” (Los Angeles Times) history of the Internet free culture movement and its larger effects on society—and the life and shocking suicide of Aaron Swartz, a founding developer of Reddit and Creative Commons—written by Slate correspondent Justin Peters “captures Swartz flawlessly” (The New York Times Book Review).

Aaron Swartz was a zealous young advocate for the free exchange of information and creative content online. He committed suicide in 2013 after being indicted by the government for illegally downloading millions of academic articles from a nonprofit online database. From the age of fifteen, when Swartz, a computer prodigy, worked with Lawrence Lessig to launch Creative Commons, to his years as a fighter for copyright reform and open information, to his work leading the protests against the Stop Online Piracy Act (SOPA), to his posthumous status as a cultural icon, Swartz’s life was inextricably connected to the free culture movement. Now Justin Peters examines Swartz’s life in the context of 200 years of struggle over the control of information.

In vivid, accessible prose, The Idealist situates Swartz in the context of other “data moralists” past and present, from lexicographer Noah Webster to ebook pioneer Michael Hart to NSA whistleblower Edward Snowden. In the process, the book explores the history of copyright statutes and the public domain; examines archivists’ ongoing quest to build the “library of the future”; and charts the rise of open access, the copyleft movement, and other ideologies that have come to challenge protectionist intellectual property policies. Peters also breaks down the government’s case against Swartz and explains how we reached the point where federally funded academic research came to be considered private property, and downloading that material in bulk came to be considered a federal crime.

The Idealist is “an excellent survey of the intellectual property battlefield, and a sobering memorial to its most tragic victim” (The Boston Globe) and an essential look at the impact of the free culture movement on our daily lives and on generations to come.
Everyone has had a good idea for a new product or service that would make life more comfortable, easier, or just more fun. What do all these famous inventions have in common: air conditioning, airbags, bandages, barbed wire, blow dryers, can openers, cement, chewing gum, computers, credit cards, doughnuts, jeans, microwave ovens, paper towels, Play-Doh, Post-it Notes, potato chips, roller coasters, safety pins, Scotch tape, skateboards, staplers, straws, sunscreen, typewriters, Viagra, zippers? They were all invented in the United States by American inventors, and they all made fortunes for the inventors and the companies licensing the ideas.

If you think you have a great idea for a new product, book, song, or invention, do not be left out. This groundbreaking new book will guide you step-by-step along the way. This book offers a simple, straightforward introduction to how to protect your idea written in laymanâe(tm)s terms. This book is written for inventors, not attorneys, and for those that want to save thousands on legal fees protecting their ideas and inventions. If you think you have a great idea or invention, you need this extremely detailed and comprehensive guide to the process.

The book covers and easily explains everything needed, from the initial patent search and licensing your idea to filing a successful and financially lucrative application. Even if you ultimately decide to use the services of a patent attorney, which in some cases is recommended, this book will get the process started and still save considerable legal fees.

Atlantic Publishing is a small, independent publishing company based in Ocala, Florida. Founded over twenty years ago in the company presidentâe(tm)s garage, Atlantic Publishing has grown to become a renowned resource for non-fiction books. Today, over 450 titles are in print covering subjects such as small business, healthy living, management, finance, careers, and real estate. Atlantic Publishing prides itself on producing award winning, high-quality manuals that give readers up-to-date, pertinent information, real-world examples, and case studies with expert advice. Every book has resources, contact information, and web sites of the products or companies discussed.
Is music property? Under what circumstances can music be stolen? Such questions lie at the heart of Joanna Demers’s timely look at how overzealous intellectual property (IP) litigation both stifles and stimulates musical creativity. A musicologist, industry consultant, and musician, Demers dissects works that have brought IP issues into the mainstream culture, such as DJ Danger Mouse’s “Grey Album” and Mike Batt’s homage-gone-wrong to John Cage’s silent composition “4’33.” Demers also discusses such artists as Ice Cube, DJ Spooky, and John Oswald, whose creativity is sparked by their defiant circumvention of licensing and copyright issues.

Demers is concerned about the fate of transformative appropriation—the creative process by which artists and composers borrow from, and respond to, other musical works. In the United States, only two elements of music are eligible for copyright protection: the master recording and the composition (lyrics and melody) itself. Harmony, rhythm, timbre, and other qualities that make a piece distinctive are virtually unregulated. This two-tiered system had long facilitated transformative appropriation while prohibiting blatant forms of theft. The advent of digital file sharing and the specter of global piracy changed everything, says Demers. Now, record labels and publishers are broadening the scope of IP “infringement” to include allusive borrowing in all forms: sampling, celebrity impersonation—even Girl Scout campfire sing-alongs.

Paying exorbitant licensing fees or risking even harsher penalties for unauthorized borrowing have become the only options for some musicians. Others, however, creatively sidestep not only the law but also the very infrastructure of the music industry. Moving easily between techno and classical, between corporate boardrooms and basement recording studios, Demers gives us new ways to look at the tension between IP law, musical meaning and appropriation, and artistic freedom.

Copyright reflects far more than economic interests. Embedded within conflicts over royalties and infringement are cultural values—about race, class, access, ownership, free speech, and democracy—which influence how rights are determined and enforced. Questions of legitimacy—of what constitutes “intellectual property” or “fair use,” and of how to locate a precise moment of cultural creation—have become enormously complicated in recent years, as advances in technology have exponentially increased the speed of cultural reproduction and dissemination.
In Copyrights and Copywrongs, Siva Vaidhyanathan tracks the history of American copyright law through the 20th century, from Mark Twain’s vehement exhortations for “thick” copyright protection, to recent lawsuits regarding sampling in rap music and the “digital moment,” exemplified by the rise of Napster and MP3 technology. He argues persuasively that in its current punitive, highly restrictive form, American copyright law hinders cultural production, thereby contributing to the poverty of civic culture.
In addition to choking cultural expression, recent copyright law, Vaidhyanathan argues, effectively sanctions biases against cultural traditions which differ from the Anglo-European model. In African-based cultures, borrowing from and building upon earlier cultural expressions is not considered a legal trespass, but a tribute. Rap and hip hop artists who practice such “borrowing” by sampling and mixing, however, have been sued for copyright violation and forced to pay substantial monetary damages. Similarly, the oral transmission of culture, which has a centuries-old tradition within African American culture, is complicated by current copyright laws. How, for example, can ownership of music, lyrics, or stories which have been passed down through generations be determined? Upon close examination, strict legal guidelines prove insensitive to the diverse forms of cultural expression prevalent in the United States, and reveal much about the racialized cultural values which permeate our system of laws. Ultimately, copyright is a necessary policy that should balance public and private interests but the recent rise of “intellectual property” as a concept have overthrown that balance. Copyright, Vaidhyanathan asserts, is policy, not property.
Bringing to light the republican principles behind original copyright laws as well as present-day imbalances and future possibilities for freer expression and artistic equity, this volume takes important strides towards unraveling the complex web of culture, law, race, and technology in today's global marketplace.
How a flexible and creative approach to intellectual property can help an organization accomplish goals ranging from building market share to expanding an industry.

Most managers leave intellectual property issues to the legal department, unaware that an organization's intellectual property can help accomplish a range of management goals, from accessing new markets to improving existing products to generating new revenue streams. In this book, intellectual property expert and Harvard Law School professor John Palfrey offers a short briefing on intellectual property strategy for corporate managers and nonprofit administrators. Palfrey argues for strategies that go beyond the traditional highly restrictive “sword and shield” approach, suggesting that flexibility and creativity are essential to a profitable long-term intellectual property strategy—especially in an era of changing attitudes about media.

Intellectual property, writes Palfrey, should be considered a key strategic asset class. Almost every organization has an intellectual property portfolio of some value and therefore the need for an intellectual property strategy. A brand, for example, is an important form of intellectual property, as is any information managed and produced by an organization. Palfrey identifies the essential areas of intellectual property—patent, copyright, trademark, and trade secret—and describes strategic approaches to each in a variety of organizational contexts, based on four basic steps.

The most innovative organizations employ multiple intellectual property approaches, depending on the situation, asking hard, context-specific questions. By doing so, they achieve both short- and long-term benefits while positioning themselves for success in the global information economy.

What can and can't be copied is a matter of law, but also of aesthetics, culture, and economics. The act of copying, and the creation and transaction of rights relating to it, evokes fundamental notions of communication and censorship, of authorship and ownership - of privilege and property. This volume conceives a new history of copyright law that has its roots in a wide range of norms and practices. The essays reach back to the very material world of craftsmanship and mechanical inventions of Renaissance Italy where, in 1469, the German master printer Johannes of Speyer obtained a five-year exclusive privilege to print in Venice and its dominions. Along the intellectual journey that follows, we encounter John Milton who, in his 1644 Areopagitica speech 'For the Liberty of Unlicensed Printing', accuses the English parliament of having been deceived by the 'fraud of some old patentees and monopolizers in the trade of bookselling' (i.e. the London Stationers' Company). Later revisionary essays investigate the regulation of the printing press in the North American colonies as a provincial and somewhat crude version of European precedents, and how, in the revolutionary France of 1789, the subtle balance that the royal decrees had established between the interests of the author, the bookseller, and the public, was shattered by the abolition of the privilege system. Contributions also address the specific evolution of rights associated with the visual and performing arts. These essays provide essential reading for anybody interested in copyright, intellectual history and current public policy choices in intellectual property. The volume is a companion to the digital archive Primary Sources on Copyright (1450-1900), funded by the UK Arts and Humanities Research Council (AHRC): www.copyrighthistory.org.
What issues arise when students’ uses of intellectual materials are legally challenged, and how does the academic context affect them? What happens when users of intellectual property, either within or outside the academic structure, violate students’ rights to their intellectual products? In Intellectual Property on Campus, TyAnna K. Herrington addresses these concerns and more, clearing up the confusion often surrounding intellectual property law and its application in an academic setting. Filled with practical information and simple yet thorough explanations, this enlightening volume provides educators and students with a solid basis for understanding the broader impacts of legal and ethical dilemmas involving intellectual materials.
Herrington provides insight for students into how complex concepts such as patent, trademark, copyright, fair use, and plagiarism affect their work. She outlines the potential effects of the choices students make, as well as the benefits and limitations of legal protection for intellectual property, including the thorny issues of authorship and authority under the 1976 Copyright Act. Herrington also explores the topic of student collaboration—now very common on college campuses—and how it affects intellectual property issues and legal relationships, as well as the impact of new technologies, such as blogs, on student work in educational environments.
Intellectual Property on Campus also provides useful information for administrators and educators. In particular, Herrington investigates the possible ramifications of their pedagogical and policy choices, and examines in depth the responsibility of instructors to treat students’ intellectual property legally, ethically, and conscientiously. Cautioning educators about the limitations on their control over intellectual materials in an academic setting, Herrington encourages teachers to minimize their influence over student works, instead giving pupils more freedom to control their own creations.
The volume also investigates the rights, responsibilities, and limitations for users of intellectual property, as opposed to creators, especially as related to student or instructor use of copyrighted materials. Discussed in detail are such issues as fair use and the TEACH Act, as well as the often-intertwined areas of plagiarism, authorship, and copyright. In addition, Herrington addresses recent cultural developments regarding the use and creation of intellectual property by students and instructors.
Written in a jargon-free style that is easy to understand, Intellectual Property on Campus gives students, instructors, and administrators the information they need to navigate the intricate landscape of law and integrity in the realm of academic creation.

Are innovation and creativity helped or hindered by our intellectual property laws? In the two hundred plus years since the Constitution enshrined protections for those who create and innovate, we're still debating the merits of IP laws and whether or not they actually work as intended. Artists, scientists, businesses, and the lawyers who serve them, as well as the Americans who benefit from their creations all still wonder: what facilitates innovation and creativity in our digital age? And what role, if any, do our intellectual property laws play in the growth of innovation and creativity in the United States?

Incentivizing the "progress of science and the useful arts" has been the goal of intellectual property law since our constitutional beginnings. The Eureka Myth cuts through the current debates and goes straight to the source: the artists and innovators themselves. Silbey makes sense of the intersections between intellectual property law and creative and innovative activity by centering on the stories told by artists, scientists, their employers, lawyers and managers, describing how and why they create and innovate and whether or how IP law plays a role in their activities. Their employers, business partners, managers, and lawyers also describe their role in facilitating the creative and innovative work. Silbey's connections and distinctions made between the stories and statutes serve to inform present and future innovative and creative communities.

Breaking new ground in its examination of the U.S. economy and cultural identity, The Eureka Myth draws out new and surprising conclusions about the sometimes misinterpreted relationships between creativity and intellectual property protections.

The most trusted name in law school outlines, Emanuel Law Outlines were developed while Steve Emanuel was a student at Harvard Law and were the first to approach each course from the point of view of the student. Invaluable for use throughout your course and again at exam time, Emanuel Law Outlines are well-correlated to all major casebooks to help you to create your own outlines. Sophisticated yet easy to understand, each guide includes both capsule and detailed explanations of critical issues, topics, and black letter law you must know to master the course. Quiz Yourself Q&As, Essay Q&As, and Exam Tips give you ample opportunity to test your knowledge throughout the semester and leading up to the exam. Every title in the series is frequently updated and reviewed against new developments and recent cases covered in the leading casebooks. Emanuel Law Outlines provide a comprehensive breakdown of the law, more sweeping than most, for your entire study process.

For more than thirty years, Emanuel Law Outlines have been the most trusted name in law school outlines. Here s why:

Developed by Steve Emanuel when he was a law school student at Harvard, Emanuel Law Outlines became popular with other law students and spawned an industry of reliable study aids. (Having passed the California bar as well, Steve Emanuel is now a member of the New York, Connecticut, Maryland, and Virginia bars.) Each Outline is valuable throughout the course and again at exam time. Outline chapters provide comprehensive coverage of the topics, cases, and black letter law covered in the course and major casebooks, written in a way you can easily understand. The Quiz Yourself Q&A in each chapter and the Essay Q&A at the end provide ample opportunity to test your knowledge throughout the semester. Exam Tips alert you to the issues that commonly pop up on exams and to the fact patterns commonly used to test those items. The Capsule Summary an excellent exam preparation tool provides a quick review of the key concepts covered in the course. The comprehensive coverage is more sweeping than most outlines. Each Emanuel Law Outline is correlated to the leading casebooks. Every title is frequently updated and reviewed against new developments and recent cases covered in the leading casebooks. Tight uniformity of writing style and approach means that if you use one of these guides, you can be confident that the others will be of similar quality.
We all create intellectual property. We all use intellectual property. Intellectual property is the most pervasive yet least understood way we regulate expression. Despite its importance to so many aspects of the global economy and daily life, intellectual property policy remains a confusing and arcane subject. This engaging book clarifies both the basic terms and the major conflicts surrounding these fascinating areas of law, offering a layman's introduction to copyright, patents, trademarks, and other forms of knowledge falling under the purview of intellectual property rights. Using vivid examples, noted media expert Siva Vaidhyanathan illustrates the powers and limits of intellectual property, distilling with grace and wit the complex tangle of laws, policies, and values governing the dissemination of ideas, expressions, inventions, creativity, and data collection in the modern world. Vaidhyanathan explains that intellectual property exists as it does because powerful interests want it to exist. The strongest economies in the world have a keen interest in embedding rigid methods of control and enforcement over emerging economies to preserve the huge economic interests linked to their copyright industries-film, music, software, and publishing. For this reason, the fight over the global standardization of intellectual property has become one of the most important sites of tension in North-South global relations. Through compelling case studies, including those of Starbucks, Coca-Cola, Sony, Amazon, and Google Books, Vaidhyanathan shows that the modern intellectual property systems reflect three centuries of changes in politics, economics, technologies, and social values. Although it emerged from a desire to foster creativity while simultaneously protecting it, intellectual property today has fundamentally shifted to a political dimension.
As a ‘Specialized Agency’ of the UN, the World Intellectual Property Organization aims to be the premier global forum for intellectual property services, policy, information and cooperation. Whilst many individuals, firms, institutions and governments know and use WIPO services, the ways in which it functions, how priorities are set and decisions made are less well-understood. Indeed, a diversity of WIPO’s stakeholders and member governments express frustration that WIPO’s governance is not only complex but at times opaque.

This practical guide offers a unique insight into how WIPO is governed, described in clear, readily accessible terms for policymakers, scholars and stakeholders. The guide reviews the origins of WIPO and sets out its current functions and activities, presenting a framework for analysing WIPO’s complex governance system. The core of the text will improve the reader’s understanding of WIPO in five thematic areas:

•   Legal foundations, mandate and purpose
•   Decision-making structures, processes and practices
•   Financial arrangements (such as income sources and the budget process)
•   Mechanisms for accountability and control of the Secretariat (such as policies on oversight, audit and evaluation)
•   Transparency and external relations.

The text is accompanied by a number of valuable appendices, including key documents that have, to date, not been readily available to the public.

Written by a leading WIPO commentator, The World Intellectual Property Organization (WIPO): A Reference Guide is the first comprehensive reference book to illuminate the nuts and bolts of WIPO governance. It will prove an invaluable and handy resource for those who interact with WIPO on any level, as well as to researchers seeking an introduction to how the organisation works.
 
Exactly four hundred years after the birth of René Descartes (1596-1650), the present volume now makes available, for the first time in a bilingual, philosophical edition prepared especially for English-speaking readers, his Regulae ad directionem ingenii / Rules for the Direction of the Natural Intelligence (1619-1628), the Cartesian treatise on method. This unique edition contains an improved version of the original Latin text, a new English translation intended to be as literal as possible and as liberal as necessary, an interpretive essay contextualizing the text historically, philologically, and philosophically, a com-prehensive index of Latin terms, a key glossary of English equivalents, and an extensive bibliography covering all aspects of Descartes' methodology. Stephen Gaukroger has shown, in his authoritative Descartes: An Intellectual Biography (1995), that one cannot understand Descartes without understanding the early Descartes. But one also cannot understand the early Descartes without understanding the Regulae / Rules. Nor can one understand the Regulae / Rules without understanding a philosophical edition thereof. Therein lies the justification for this project. The edition is intended, not only for students and teachers of philosophy as well as of related disciplines such as literary and cultural criticism, but also for anyone interested in seriously reflecting on the nature, expression, and exercise of human intelligence: What is it? How does it manifest itself? How does it function? How can one make the most of what one has of it? Is it equally distributed in all human beings? What is natural about it, and what, not? In the Regulae / Rules Descartes tries to provide, from a distinctively early modern perspective, answers both to these and to many other questions about what he refers to as ingenium.
This text offers comprehensive coverage of cyberlaw and related topics using an accessible writing style, up-to-date coverage, and an entrepreneurial-process orientation and will fulfill the needs of future professional business managers for whom start-ups, the Internet, and innovation have continuing and increasing importance. Widely expected to become a foundational text for experiential business law courses, Cyberlaw will help prepare students for the fundamental legal challenges of startups as well as of small- and medium-sized enterprises. By following the progression of a business from idea to formation and financing to operations (including asset development and acquisition) to hiring and, finally, to the exit phase, future managers will gain insights into the kinds of decisions managers must make at every step. Students will become engaged in the topic through case analyses, examples, ethical and international perspectives, carefully constructed pedagogy, and other features, such as practice pointers, Twitter thread stories, and more.

Features:

The text organization observes the chronological pattern followed by a startup/entrepreneur, providing a cohesive guide to the build-out of a business. Traditional cyberlaw topics are given comprehensive coverage but always in a business context.Cutting-edge and seminal cyberlaw cases are carefully selected and edited for readability and clarity.Important topic content includes chapters on IP; social media; data privacy; and government regulation.Other up-to-date coverage includes promoting inventiveness and innovation; data security; new venture planning, fiduciary duties, and crowdfunding ; and malware, data breaches, and criminal procedure.Each chapter contains a feature focused on cyberlaw issues and dilemmas, using Twitter as a case study.Wherever appropriate and relevant, international perspectives and ethical organizational behavior are integrated into the discussion.Pedagogical features, placed strategically throughout the text, include concept summaries, case questions, exhibits and tables, hypothetical ventures to illustrate points, and dynamic end-of-chapter features such as chapter summaries, manager s checklists, key terms, short case problems or questions, and web resources.Learning objectives align with AACSB standards and Bloom s Taxonomy for assessment purposes.Cutting-edge cyberlaw cases discussed include People v. Marquan M (cyber-bullying, 2014) and Riley v. California (cell phone searches, 2014).
A look at First Amendment coverage of music, non-representational art, and nonsense


The Supreme Court has unanimously held that Jackson Pollock’s paintings, Arnold Schöenberg’s music, and Lewis Carroll’s poem “Jabberwocky” are “unquestionably shielded” by the First Amendment. Nonrepresentational art, instrumental music, and nonsense: all receive constitutional coverage under an amendment protecting “the freedom of speech,” even though none involves what we typically think of as speech—the use of words to convey meaning.



As a legal matter, the Court’s conclusion is clearly correct, but its premises are murky, and they raise difficult questions about the possibilities and limitations of law and expression. Nonrepresentational art, instrumental music, and nonsense do not employ language in any traditional sense, and sometimes do not even involve the transmission of articulable ideas. How, then, can they be treated as “speech” for constitutional purposes? What does the difficulty of that question suggest for First Amendment law and theory? And can law resolve such inquiries without relying on aesthetics, ethics, and philosophy?



Comprehensive and compelling, this book represents a sustained effort to account, constitutionally, for these modes of “speech.” While it is firmly centered in debates about First Amendment issues, it addresses them in a novel way, using subject matter that is uniquely well suited to the task, and whose constitutional salience has been under-explored. Drawing on existing legal doctrine, aesthetics, and analytical philosophy, three celebrated law scholars show us how and why speech beyond words should be fundamental to our understanding of the First Amendment.

Cheating is deeply embedded in everyday life. The costs of the most common forms of cheating total close to a trillion dollars annually. Part of the problem is that many individuals fail to see such behavior as a serious problem. "Everyone does it" is a common rationalization, and one that comes uncomfortably close to the truth. That perception is also self-perpetuating. The more that individuals believe that cheating is widespread, the easier it becomes to justify. Yet what is most notable about analysis of the problem is how little there is of it. Whether or not Americans are cheating more, they appear to be worrying about it less. In Cheating, eminent legal scholar Deborah L. Rhode offers the only recent comprehensive account of cheating in everyday life and the strategies necessary to address it. Because cheating is highly situational, Rhode drills down on its most common forms in sports, organizations, taxes, academia, copyright infringement, marriage, and insurance and mortgages. Cheating also reviews strategies necessary to address the pervasiveness and persistence of cheating in these contexts. We clearly need more cultural reinforcement of ethical conduct. Efforts need to begin early, with values education by parents, teachers, and other role models who can display and reinforce moral behaviors. Organizations need to create ethical cultures, in which informal norms, formal policies, and reward structures all promote integrity. People also need more moral triggers that remind them of their own values. Equally important are more effective enforcement structures, including additional resources and stiffer sanctions. Finally, all of us need to take more responsibility for combatting cheating. We need not only to subject our own conduct to more demanding standards, but also to assume a greater obligation to prevent and report misconduct. Sustaining a culture that actively discourages cheating is a collective responsibility, and one in which we all have a substantial stake.
Most people believe that the right to privacy is inherently at odds with the right to free speech. Courts all over the world have struggled with how to reconcile the problems of media gossip with our commitment to free and open public debate for over a century. The rise of the Internet has made this problem more urgent. We live in an age of corporate and government surveillance of our lives. And our free speech culture has created an anything-goes environment on the web, where offensive and hurtful speech about others is rife. How should we think about the problems of privacy and free speech? In Intellectual Privacy, Neil Richards offers a different solution, one that ensures that our ideas and values keep pace with our technologies. Because of the importance of free speech to free and open societies, he argues that when privacy and free speech truly conflict, free speech should almost always win. Only when disclosures of truly horrible information are made (such as sex tapes) should privacy be able to trump our commitment to free expression. But in sharp contrast to conventional wisdom, Richards argues that speech and privacy are only rarely in conflict. America's obsession with celebrity culture has blinded us to more important aspects of how privacy and speech fit together. Celebrity gossip might be a price we pay for a free press, but the privacy of ordinary people need not be. True invasions of privacy like peeping toms or electronic surveillance will rarely merit protection as free speech. And critically, Richards shows how most of the law we enact to protect online privacy pose no serious burden to public debate, and how protecting the privacy of our data is not censorship. More fundamentally, Richards shows how privacy and free speech are often essential to each other. He explains the importance of 'intellectual privacy,' protection from surveillance or interference when we are engaged in the processes of generating ideas - thinking, reading, and speaking with confidantes before our ideas are ready for public consumption. In our digital age, in which we increasingly communicate, read, and think with the help of technologies that track us, increased protection for intellectual privacy has become an imperative. What we must do, then, is to worry less about barring tabloid gossip, and worry much more about corporate and government surveillance into the minds, conversations, reading habits, and political beliefs of ordinary people. A timely and provocative book on a subject that affects us all, Intellectual Privacy will radically reshape the debate about privacy and free speech in our digital age.
Exactly four hundred years after the birth of René Descartes (1596-1650), the present volume now makes available, for the first time in a bilingual, philosophical edition prepared especially for English-speaking readers, his Regulae ad directionem ingenii / Rules for the Direction of the Natural Intelligence (1619-1628), the Cartesian treatise on method. This unique edition contains an improved version of the original Latin text, a new English translation intended to be as literal as possible and as liberal as necessary, an interpretive essay contextualizing the text historically, philologically, and philosophically, a com-prehensive index of Latin terms, a key glossary of English equivalents, and an extensive bibliography covering all aspects of Descartes' methodology. Stephen Gaukroger has shown, in his authoritative Descartes: An Intellectual Biography (1995), that one cannot understand Descartes without understanding the early Descartes. But one also cannot understand the early Descartes without understanding the Regulae / Rules. Nor can one understand the Regulae / Rules without understanding a philosophical edition thereof. Therein lies the justification for this project. The edition is intended, not only for students and teachers of philosophy as well as of related disciplines such as literary and cultural criticism, but also for anyone interested in seriously reflecting on the nature, expression, and exercise of human intelligence: What is it? How does it manifest itself? How does it function? How can one make the most of what one has of it? Is it equally distributed in all human beings? What is natural about it, and what, not? In the Regulae / Rules Descartes tries to provide, from a distinctively early modern perspective, answers both to these and to many other questions about what he refers to as ingenium.
ESSENTIALS OF INTELLECTUAL PROPERTY

Full of valuable tips, techniques, illustrative real-world examples, exhibits, and best practices, this handy and concise paperback will help you stay up to date on the newest thinking, strategies, developments, and technologies in intellectual property.

"Alexander Poltorak and Paul Lerner have written the definitive primer on intellectual property for business professionals. Thorough in its coverage and understandable in its delivery, Essentials of Intellectual Property provides not only an outstanding summary of intellectual property basics, but a useful and sensible strategy for using intellectual property to the best needs of a business. Poltorak and Lerner have combined their in-depth knowledge of patent law with their savvy business skills to yield an indispensable reference for the business professional."
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"Alex Poltorak and Paul Lerner have pulled off a mighty feat with Essentials of Intellectual Property. They have crafted a work that is clear for the beginning practitioner while nuanced and sophisticated for the savvy tech transfer and IP management veteran. Lively and often witty writing is a treat not often found in tomes on what can be a dry subject. With Essentials of Intellectual Property, the practitioner has a new literary tool for tying IP strategy to the business reality of tomorrow."
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—Lawrence J. Udell, Executive Director, California Invention Center, Professor of New Ventures and Entrepreneurship

The Wiley Essentials Series—because the business world is always changing...and so should you.

From eighteenth-century copyright law, to current-day copyright issues on the internet, to tomorrow's "celestial jukebox"—a digital repository of books, movies, and music available on demand—Paul Goldstein presents a thorough examination of the challenges facing copyright owners and users. One of the nation's leading authorities on intellectual property law, Goldstein offers an engaging, readable, and intelligent analysis of the effect of copyright on American politics, economy, and culture. Goldstein presents and analyzes key legal battles, including Supreme Court decisions on home taping and 2 Live Crew's contested sampling of Roy Orbison's "Pretty Woman." In this revised edition, the author expands the discussion to cover electronic media, including an examination of recent Napster litigation, the Digital Millennium Copyright Act, and the vexed Secure Digital Music Initiative, under which record companies attempted to develop effective encryption standards for their products. Praise for the first edition: "A clever and vibrant book that traces copyright history from the invention of the printing press through current challenges to copyright from new technologies . . . . Most compelling [on] multimedia technologies." —Sabra Chartrand, The New York Times "This eminent authority writes with clarity, lucidity and a wry sense of humor about a subject whose complexities can be daunting." —Jonathan Kirsch, Los Angeles Times "A wonderfully American tale of how law, literature, politics and megabucks intersect." —William Petrocelli, San Francisco Chronicle
From identifying actionable unfair competition and selecting remedies for fraud claims to defending against cyber squatting and trademark infringement, Matthew Bender Practice Guide: California Unfair Competition and Business Torts provides comprehensive and practical coverage of the Unfair Competition Law (B&P § 17200) and frequently litigated business torts. The task-based format provides clear guidance and practice tips from expert California practitioners, including strategic points, warnings, and traps on all relevant topics involving:

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Matthew Bender California Practice Guides: The Fresh New Perspective in California Research

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An accessible and comprehensive guide to copyright law, updated to include new developments in infringement, fair use, and the impact of digital technology.

Through five editions since 1981, this book has offered the most comprehensive accessible guide available to all aspects of copyright law. Now, with the sixth edition, The Copyright Book has been thoroughly updated to cover copyright for the Internet age, discussing a range of developments in the law since 2000. The only book written for nonlawyers that covers the entire field of copyright law, it is essential reading for authors, artists, creative people in every medium, the companies that hire them, users of copyrighted material, and anyone with an interest in copyright law from a policy perspective.

New material includes greatly expanded coverage of infringement and fair use, with detailed discussion of recent decisions, including the Grateful Dead, Google, and HathiTrust cases. The new edition considers such topics as open access, the defeat of the Stop Online Piracy Act (SOPA), file sharing, e-reserves, the status of “orphan works,” and the latest developments under the Digital Millennium Copyright Act (DMCA).

The sixth edition also brings up to date The Copyright Book's plain English explanation of such fundamental topics as authorship and ownership; transfers and licenses of copyright; copyright notice; registration of copyright (including the new online registration and “preregistration” systems); the scope of rights included in copyright, and exceptions to those rights; “moral rights”; compulsory licenses; tax treatment of copyright; and international aspects of copyright law.

As copyright issues grow ever more complicated, The Copyright Book becomes ever more indispensable.

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