Re: Coursepacks-outsourcing online distribution

On 04/19/99, Dan L. Burk <burkdanl[_at_]shu.edu> wrote:
>
> The assertion that a "copy is a copy" is simply wrong; rather,
> as Justice O'Connor observes, free expression is the norm, to
> which intellectual property is the exception (no matter how much
> the APA might like us to believe otherwise).

I would like to believe this is true. [Certainly opinions like Feist and Campbell tend to support the observation, while cases like Harper & Row do not.] But most laypeople tend to believe the reverse: that intellectual property is the rule, and free expression is the exception. And that attitude is starting to permeate all levels of the system, from Congress to the courts. I question how long the Supreme Court can stem the tide, especially when it goes to so little trouble to police its own opinions.

Tyler T. Ochoa
Associate Professor
Whittier Law School
<tochoa[_at_]law.whittier.edu> Received on Wed Apr 21 1999 - 23:40:27 GMT