Tuesday, July 22, 2008

Likelihood of Confusion

Someone explain this to me. It seems like a mess of confusion about the difference between trademarks and copyright. The title is "Information Wants To Be Free," but the issue is (supposedly) ridiculous trademark enforcement, so the argument that vigorous protection of IP stifles the free exchange of information is pretty weak - do unlicensed Dora knock-offs contribute to a robust marketplace of ideas?

The confusion continues as Mr. Krikorian quotes the constitutional provision granting Congress the authority to...grant patents and copyright protection. Nothing about trademarks there, man. Linking to the Wikipedia entry on copyright law is also a bold, baffling choice.

The policy justifications for trademark protection and for copyright protection are worlds apart, so railing against the "broken" copyright system by highlighting companies' aggressive trademark enforcement is a nonstarter.


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