Wisdom, Perseverance and Humility

Corley, Jeremy

doi:10.2143/ls.33.3.2045801

Cited by 3 publications

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“…Mathematical formulae and musical scores are written in 'code,' i.e., symbolic notations not comprehensible to the uninitiated, and yet both are covered by the First Amendment." 322 The same should be true for DNA when it is used as code.…”

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confidence: 99%

Can DNA Be Speech?, 33 Cardozo Arts & Ent. L.J. 163 (2016)

Roig¹

2018

Preprint

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DNA is generally regarded as the basic building block of life itself. In the most fundamental sense, DNA is nothing more than a chemical compound, albeit a very complex and peculiar one. DNA is an information-carrying molecule. The specific sequence of base pairs contained in a DNA molecule carries with it genetic information, and encodes for the creation of particular proteins. When taken as a whole, the DNA contained in a single human cell is a complete blueprint and instruction manual for the creation of that human being.In this article we discuss myriad current and developing ways in which people are utilizing DNA to store or convey information of all kinds. For example, researchers have encoded the contents of a whole book in DNA, demonstrating the potential of DNA as a way of storing and transmitting information. In a different vein, some artists have begun to create living organisms with altered DNA as works of art. Hence, DNA is a medium for the communication of ideas. Because of the ability of DNA to store and convey information, its regulation must necessarily raise concerns associated with the First Amendment’s prohibition against the abridgment of freedom of speech.New and developing technologies, and the contemporary and future social practices they will engender, necessitate the renewal of an approach towards First Amendment coverage that takes into account the purposes and values incarnated in the Free Speech Clause of the Constitution. This article proposes and applies a framework for analysis in the context of contemporary social practices that involve the manipulation of DNA, as a case study from which we can hope to gain valuable insights regarding First Amendment doctrine in general.

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confidence: 99%

Can DNA Be Speech?, 33 Cardozo Arts & Ent. L.J. 163 (2016)

Roig¹

2018

Preprint

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“…Even granting that fair use plays an important, First Amendment-friendly role in balancing the rights of copyright owners against subsequent speakers, the courts have uniformly spurned the "extravagant claim" that section 1201 "unconstitutionally 'eliminates fair use." 62 The courts have observed that unprotected copies in non-digital media remained available for all the usual fair use purposes, including by means of analog copying. Although copying from protected media, such as DVDs, might be rendered more cumbersome, it was not completely foreclosed.…”

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The Pros and Cons of Strengthening Intellectual Property Protection: Technological Protection Measures and Section 1201 of the US Copyright Act

Ginsburg

2007

SSRN Journal

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“…23 News of the program spread quickly and within months of its initial appearance online, DeCSS "was widely available on the Internet in both object code and various forms of source code." 24 With the ability to duplicate a DVD now available to anyone with access to the Internet, a new age of digital piracy was inevitable. The motion picture industry, however, was quick to take action.…”

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Escaping Davy Jones' Locker: How the Motion Picture Industry Can Stop Digital Piracy Without Unnecessary Litigation

Wright

2006

tlp

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Contrary to popular belief, motion picture piracy is not a modern phenomenon.2 Indeed, Hollywood studios have been engaged in a continuous battle against pirates ever since theatres began showing films in the late nineteenth century. 3 One of the earliest methods of motion picture piracy, for example, was the "bicycling of prints," a practice by which a theatre operator would literally transport film reels between multiple theatres by bicycle to avoid the cost of licensing reels for each. 4 With the advent of the Internet, however, the rate of motion picture piracy has increased exponentially. While truly measuring the extent of such illegal activity is impossible, recent estimates by the Motion Picture Association of America ("MPAA") suggest that somewhere between 300,000 and 350,000 motion pictures are illegally downloaded from the

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Wisdom, Perseverance and Humility

Cited by 3 publications

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Can DNA Be Speech?, 33 Cardozo Arts & Ent. L.J. 163 (2016)

Can DNA Be Speech?, 33 Cardozo Arts & Ent. L.J. 163 (2016)

The Pros and Cons of Strengthening Intellectual Property Protection: Technological Protection Measures and Section 1201 of the US Copyright Act

Escaping Davy Jones' Locker: How the Motion Picture Industry Can Stop Digital Piracy Without Unnecessary Litigation

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Wisdom, Perseverance and Humility

Cited by 3 publications

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Can DNA Be Speech?, 33 Cardozo Arts &amp; Ent. L.J. 163 (2016)

Can DNA Be Speech?, 33 Cardozo Arts &amp; Ent. L.J. 163 (2016)

The Pros and Cons of Strengthening Intellectual Property Protection: Technological Protection Measures and Section 1201 of the US Copyright Act

Escaping Davy Jones' Locker: How the Motion Picture Industry Can Stop Digital Piracy Without Unnecessary Litigation

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Product

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Can DNA Be Speech?, 33 Cardozo Arts & Ent. L.J. 163 (2016)

Can DNA Be Speech?, 33 Cardozo Arts & Ent. L.J. 163 (2016)