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The Crime-Fraud Exception

Advisory Opinions

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The Problem With Intellectual Property

Judge lynch said the district court should not assume the role of an art critic and seek to ascertain the intent or meaning behind the works at issue. This is so both because judges are typically unsuited to make a set of judgments and because such perceptions are inherently subjective. And then went on to say, the task is to assess whether the later work remains both recognizably deriving from and retaining the essential elements of its source material. But that's not an objective test either, sara, none of it is. No, none ofIt is. This is the problem with intellectual property over all. It has a whole series of disincentives that it creates and distorts our economy

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