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The marketplace of ideas is a rationale for freedom of expression based on an analogy to the economic concept of a free market.The marketplace of ideas holds that the truth will emerge from the competition of ideas in free, transparent public discourse and concludes that ideas and ideologies will be culled according to their superiority or inferiority and widespread acceptance among the ...
A difficulty posed by the idea-expression distinction is that "[n]obody has ever been able to fix that boundary, and nobody ever can", as Judge Learned Hand wrote for the Second Circuit Court of Appeals in 1930's Nichols v. Universal Pictures Corp., holding that while a fictional character can be copyrighted, it must be well-developed. [24]
In the United States, trade secrets are protected under state law, and states have nearly universally adopted the Uniform Trade Secrets Act. The United States also has federal law in the form of the Economic Espionage Act of 1996 (18 U.S.C. §§ 1831–1839), which makes the theft or misappropriation of a trade secret a federal crime. This law ...
Intellectual freedom encompasses many areas including issues of academic freedom, Internet filtering, and censorship. [4] Because proponents of intellectual freedom value an individual's right to choose informational concepts and media to formulate thought and opinion without repercussion, restrictions to access and barriers to privacy of information constitute intellectual freedom issues.
Pufendorf: On the Duty of Man and Citizen according to Natural Law. Cambridge Texts in the History of Political Thought. Cambridge University Press 1991. Rawls, John. A Theory of Justice (1971) Riley, Patrick. "How Coherent is the Social Contract Tradition?" Journal of the History of Ideas 34: 4 (Oct. – Dec., 1973): 543–62. Riley, Patrick.
As a company can protect its confidential information through NDA, work-for-hire, and non-compete contracts with its stakeholders (within the constraints of employment law, including only restraint that is reasonable in geographic- and time-scope), these protective contractual measures effectively create a monopoly on secret information that ...
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A revised patent law was passed in 1793, and in 1836 a major revision was passed. The 1836 law instituted a significantly more rigorous application process, including the establishment of an examination system. Between 1790 and 1836 about ten thousand patents were granted. By the American Civil War about 80,000 patents had been granted. [23]