The Indelible Bonobo Experience

Renaissance Monkey: in-depth expertise in Jack-of-all-trading. I mostly comment on news of interest to me and occasionally engage in debates or troll passive-aggressively. Ask or Submit 2 mah authoritah! ;) !

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Harvard Law Review: The Obligatory Structure of Copyright Law: Unbundling the Wrong of Copying

Generally speaking, copyright theory and practice can be characterized as divided into two broad copyright cultures. On the one hand, in common law jurisdictions, copyright is regarded as a policy instrument designed to serve the public interest in the production and dissemination of works of authorship. Not the author’s right, but the public interest that both generates and justifies that right is the central animating concern of copyright law. On the other hand, in civil law jurisdictions, authorial entitlement is conceived not instrumentally but as a juridical recognition of rights inherent in the act of authorship as such. Not the public interest, but the inherent dignity of authorship is the axis around which copyright revolves. Terminologically speaking, these distinctions recall for us that what the common law world regards as copyright is rather known as author’s right (droit d’auteur, derecho de autor, diritto de autore, urheberrecht, for example) in the civil law world.
Posted in copyright intellectual property law civil law common law author's right public good public interest public domain
Quote Post
In 2009, The Supreme Court of Quebec rejected Lola’s claim for $56,000 (Canadian) per month for herself and $50 million as a lump sum. Eric was already giving her $411,000 per year as child-support payments for their three kids.
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Sl8

  • The Quebec government, however, was astounded. The provincial Justice Minister, Jean-Marc Fournier, declared that the appeal court decision would harm the individual’s right to choose what kind of matrimonial state they want for themselves. The Quebec government has appealed the decision to the Supreme Court  of Canada, which will rule on it by July.
  • The sums of money involved make Eric and Lola’s case somewhat absurd to the average Canadian. But it could shape the lives of the 1.2 million Quebecois in de facto couples, making them as good as married, even though neither of them exchanged rings or asked the other person’s permission to spend their lives together.
  • Ever practical, Quebec’s lovebirds are taking precautions. Linda, a 43-year-old woman in Longueuil, moved in with her boyfriend a couple of months ago. He told her that he is going to make her sign a legal document to protect himself in case the “Eric and Lola trial” turns out in favor of Lola. Linda wasn’t shocked and she wasn’t insulted. Being a de facto spouse is normal, the modern way to go. “His legal paper, he can bring it on! If he wouldn’t have suggested it, maybe I would have.” She is happy not to be married, and happy not to be obliged to provide for him.
Posted in common law couple de facto spouse marriage wife
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Finally, the Supreme Court couldn’t free Davis last night, because in doing so, it would have violated its authority as an appeals court. The justices’ job is to judge constitutionality. They have no authority to decide on innocence — any attempt to do that could set a dangerous precedent.
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Why the Supreme Court Couldn’t Save Troy Davis - Brian Resnick - National - The Atlantic

Process always trumps a man’s life. Why is “common law” called “common”?

Posted in common law supreme court death penalty troy davis