http://www.concurringopinions.com/archives/2009/03/late_recap_of_t.html The Law, the Universe, and Everything Tue, 14 Feb 2012 05:18:12 +0000 hourly 1 http://wordpress.org/?v=3.2.1 http://www.concurringopinions.com/archives/2009/03/late_recap_of_t.html/comment-page-1#comment-43813 Dave Tue, 24 Mar 2009 04:06:29 +0000 http://www.solove.org/archives/2009/03/late-recap-of-the-southwestern-conference-about-copyright-reform-panel-1.html#comment-43813 Thanks for posting this Deven. It's good to have a record of the panels from that day. In reading this I'm reminded of a small puzzle that occurred to me during that morning session. Everyone seems to agree that Texaco begat the CCC (Baumgarten here, and I've heard the argument made elsewhere), but I always understood the CCC to have been robustly up and running before Texaco. In fact, it seems that Texaco came out the way it did largely because the CCC provided a plausible, extant means for recovering license fees even for small-scale uses like photocopying (although Jacobs contests the point in dissent). Maybe I'm missing something, but it seems like Texaco shows that litigation can respond to private innovation but not that litigation can inspire or motivate it. Thanks for posting this Deven. It’s good to have a record of the panels from that day. In reading this I’m reminded of a small puzzle that occurred to me during that morning session. Everyone seems to agree that Texaco begat the CCC (Baumgarten here, and I’ve heard the argument made elsewhere), but I always understood the CCC to have been robustly up and running before Texaco. In fact, it seems that Texaco came out the way it did largely because the CCC provided a plausible, extant means for recovering license fees even for small-scale uses like photocopying (although Jacobs contests the point in dissent). Maybe I’m missing something, but it seems like Texaco shows that litigation can respond to private innovation but not that litigation can inspire or motivate it.

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