The Mudcat Café TM
Thread #17225   Message #165265
Posted By: T in Oklahoma (Okiemockbird)
19-Jan-00 - 11:56 AM
Thread Name: 1/19 quote-value of public domain-overprotecting
Subject: 1/19 quote on value of public domain
"Overprotecting intellectual property is as harmful as underprotecting it. Creativity is impossible without a rich public domain...

Intellectual property rights aren't free: They're imposed at the expense of future creators and of the public at large...

This is why intellectual property law is full of careful balances between what's set aside for the owner and what's left in the public domain for the rest of us: The relatively short life of patents; the longer, but finite, life of copyrights; copyright's idea-expression dichotomy; the fair use doctrine; the prohibition on copyrighting facts; the compulsory license of television broadcasts and musical compositions....All of these diminish an intellectual property owner's rights. All let the public use something created by someone else. But all are necessary to maintain a free environment in which creative genius can flourish."

--White v. Samsung Electronics America, Inc., 26 USPQ.2d 1362, at 1364, 1366. (Kozinski, J., dissenting from denial of rehearing en banc).