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June 20, 2005
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Patry on the More Discerning Observer Test
William Patry on the More Discerning Observer Test. Basically, what do you do when the two copyrighted works being compared both have large amounts of public domain materials in them. These are fascinating questions and much more difficult to deal with theoretically (and practically) then it may seem. I get lost contemplating various empyrean realms.
posted by Ernest Miller |
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Ernest Miller pursues research and writing on cyberlaw, intellectual property, and First Amendment issues. Mr. Miller attended the U.S. Naval Academy before attending Yale Law School, where he was president and co-founder of the Law and Technology Society, and founded the technology law and policy news site LawMeme. He is a fellow of the Information Society Project at Yale Law School.
Ernest Miller's blog postings can also be found @
