Trade Secrets and the 'Philosophy' of Copyright: A Case of Culture Crash
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Description
Except for a brief flurry of interest a quarter century ago, the nature of the interface in the United States between trade secrecy and copyright has rarely been thought to merit more than a passing reference in the most thorough of intellectual property casebooks. But both the expansive notion of what can constitute a trade secret and current debates about how best to understand copyright’s theoretical and constitutional underpinnings suggest that the subject is worthy of further exploration. Developments in the law over recent decades have pulled these two philosophically distinct forms of intellectual property into one another’s orbit, and the result has been what you would expect if two cars were headed toward one another at high speed in the same traffic lane: a ‘crash’ of cultures.
Source Publication
The Law and Theory of Trade Secrecy: A Handbook of Contemporary Research
Source Editors/Authors
Rochelle C. Dreyfuss, Katherine J. Strandburg
Publication Date
2011
Recommended Citation
Zimmerman, Diane L., "Trade Secrets and the 'Philosophy' of Copyright: A Case of Culture Crash" (2011). Faculty Chapters. 1453.
https://gretchen.law.nyu.edu/fac-chapt/1453
