Courts have misinterpreted and disagreed over how to apply relevant principles of patent law to copyright cases in an effort to strike a balance between protecting copyright holders' rights without restricting innovation. The author argues that courts have inflicted damage upon the balance of copyright's competing policies, leaving copyright owners and technology innovators facing great uncertainty. The author's Comment addresses the development of the Staple Defense and the logical reasoning supporting a new legislative proposal.
Blake Evan Reese,
Fixing Through Legislative Fixation: A Call for the Codification and Modernization of the Staple Article of Commerce Doctrine as it Applies to Copyright Law,
11 Marq. Intellectual Property L. Rev. 443
Available at: http://scholarship.law.marquette.edu/iplr/vol11/iss2/6