Law in Contemporary Society

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DanielChungFirstPaper 3 - 22 Apr 2012 - Main.EbenMoglen
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Collaboration

Basketball is a team game, and Lin has led the Knicks to six straight victories, with at least seven assists in each game. Almost as remarkable as Lin’s ability to lead his team is Lin’s ability to inspire his fans. Linsanity has infiltrated the English lexicon. Fans adore the Linpossible and Linprobable fairytale of Linderella. Simple words have united fans so much so that one even created a website to generate Lin words: www.linword.com. Where some have found a sense of unity and community, others have found opportunity: at least two people have applied to trademark “Linsanity.” As the Occupy movement recently demonstrated, words and phrases can have a powerful unifying (or dividing) effect on people. The “Linsanity” trademark applications reveal that people can abuse the legal system to advance selfish goals that harm communities. That people can own and restrict access to words or phrases that have entered the English lexicon through a collaborative creative process seems Linsane to me. Perhaps Lin will eventually hire lawyers to protect his name. Or perhaps everybody will recognize the Linsanity of trying to contain Linsanity through the law. \ No newline at end of file

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I take it that some basketball player named Lin did well in some games.

Other than this, I learned in this draft that creativity requires discipline; that we should ask "what we want to do with our lives, rather than what we want to be"; and that trademarking neologisms including a proper name that have built up no secondary meaning—which is unlikely to succeed at the PTO anyway—seems to you objectionable.

The first idea is a tautology. The second makes me wonder whether another choice might be to ask who you are becoming. The third, as I say, seems to me based on a misunderstanding of how trademark law works.

In any event, the route to improvement here seems to me to be to define clearly what the central idea is, to write it out clearly, develop it in relation to some evidence, including by responding to foreseeable objections, and offering the reader some sense of available implications to consider. That will probably not leave much room for gossip about basketball players.

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Revision 3r3 - 22 Apr 2012 - 20:59:01 - EbenMoglen
Revision 2r2 - 15 Feb 2012 - 22:50:15 - DanielChung
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