With the publication of the “Proposal for a Regulation on harmonised rules on fair access to and use of data (Data Act)” in February 2022, the European Commission has delivered the centrepiece of its “European strategy for data”. The Draft Data Act proposes a horizontal right of access...

Computer software is a huge, worldwide industry, one in which the United States has become the dominant force. The maturation of the software industry has led to dramatic productivity gains, permitting businesses and individuals to accomplish more work with less effort. The industry's growth has...

Standard accounts of IP law describe systems of legal exclusion intended to prompt the production and distribution of intellectual resources, or information and knowledge, by making those things artificially scarce. The argument presented here frames IP law instead as one of several possible...

This chapter explores the related ideas of access to knowledge resources and shared governance of those resources, often known as commons. Knowledge resources consist of many types and forms. Some are tangible, and some are intangible. Some are singular; some are reproduced in copies. Some are...

Recent advances in genetic engineering now allow biological inventions to be programmed in a fashion resembling the restrictive programming of digital media. These biological "lock-out" systems restrict unauthorized use of genetically engineered seeds in much the same way that digital rights...

The Coca-Cola bottle is celebrated today as a design classic and the paradigmatic illustration of protected trade dress. How the Coca-Cola Company achieved that exalted position, however, is poorly understood. This essay is an effort to fill that gap. As we explain, the bottle’s IP protection...

U.S. intellectual property law is firmly rooted in utilitarian principles. Copyright law is viewed as a means to give proper monetary incentives to authors for their creative effort. Many European copyright systems pursue additional goals: Authors have the right to be named as author, to control...

U.S. intellectual property law is firmly rooted in utilitarian principles. Copyright law is viewed as a means to give proper monetary incentives to authors for their creative effort. Many European copyright systems pursue additional goals: Authors have the right to be named as author, to control...

U.S. intellectual property law is firmly rooted in utilitarian principles. Copyright law is viewed as a means to give proper monetary incentives to authors for their creative effort. Many European copyright systems pursue additional goals: Authors have the right to be named as author, to control...

This article analyzes the legitimacy of the software license as a institution of governance for computer programs. The question of the open source license is used as a starting point. Having conducted a broader inquiry into the several possible bases for the legitimacy of software licensing in...