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Through the Looking Glass: Alice and the Constitutional Foundations of the Public Domain

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Type: Journal Article
Author: Benkler, Yochai
Journal: Law and Contemporary Problems
Volume: 66
Date: 2003
URI: https://hdl.handle.net/10535/3051
Sector: Information & Knowledge
Subject(s): intellectual property rights
constitutional law
Abstract: From Introduction: "This paper does three things. First, it outlines the general framework of the relationship between two constitutional provisions -- Article I, Section 8, Clause 8 and the First Amendment -- and Congress's power to regulate the use of information and cultural resources through the institutional form of exclusive private rights. Second, this paper explains why it is appropriate, as a normative matter, to require close judicial scrutiny of congressional use of this particular form of regulation. Third, it identifies six specific pressure points currently bearing on this framework."

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