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🌈 Abstract

The article discusses the complex and often confusing world of intellectual property (IP) law, which regulates an ever-expanding sphere of our daily activities. It highlights how even basic activities like reading a book or using a tool can be subject to a web of legal restrictions and agreements that are difficult for the average person to understand. The article then introduces two IP law experts, Jennifer Jenkins and James Boyle, who have made significant efforts to demystify and educate the public on these issues through their work.

🙋 Q&A

[01] The Complexity of IP Law

1. What are some examples provided in the article that illustrate the complexity of IP law?

• The article provides several examples of how IP law complicates everyday activities:
  • Reading an ebook is subject to a "terminally polluted ocean of legalese" from the device's license agreement, the ebook store's terms, and the publisher's license terms.
  • Using a third-party tool to diagnose a McDonald's McFlurry machine can be considered a jailable felony due to IP restrictions.
  • Biotechnology researchers are often unknowingly violating patents on basic research techniques.

2. Why does the article say that "IP is a perfect storm"?

• The article states that IP law "touches everything we do, and no one understands it." It is a complex and pervasive issue that affects many aspects of our lives, yet the average person lacks a clear understanding of how it works.

[02] Jennifer Jenkins and James Boyle

1. What are some of the key contributions of Jennifer Jenkins and James Boyle in demystifying IP law?

• Jenkins and Boyle have created a series of open-access graphic novels that explain complex IP concepts in an accessible and engaging way, such as "Bound By Law" and "THEFT! A History of Music".
• They publish annual public domain roundups to catalog materials entering the public domain.
• They have created an open IP law casebook that provides a free, superior alternative to expensive standard textbooks used to train IP lawyers.
• Boyle helped found Creative Commons, an organization that promotes open access and sharing of creative works.

2. How have Jenkins and Boyle's efforts impacted the field of IP law education?

• The article states that their open IP law casebook "kicked off a revolution in legal education, inspiring many legal scholars to create their own open legal resources." This has led to many of the best legal texts being freely available, allowing greater access to IP law education.