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40 Hous. L. Rev. 673 (2003-2004)
Eldred, the First Amendment, and Aggressive Copyright Claims

handle is hein.journals/hulr40 and id is 685 raw text is: ESSAY ELDRED, THE FIRST AMENDMENT, AND AGGRESSIVE COPYRIGHT CLAIMS Alfred C. Yen* TABLE OF CONTENTS I. INTRODUCTION .................................................................... 673 II. CONVENTIONAL WISDOM AND AGGRESSIVE COPYRIGHT ..... 679 III. ELDRED AND THE FIRST AMENDMENT ................................. 682 IV. THE FIRST AMENDMENT AND THE ANALYSIS OF AGGRESSIVE COPYRIGHT CLAIMS ........................................ 688 V. APPLYING THE FIRST AMENDMENT TO AN AGGRESSIVE COPYRIGHT CLAIM ............................................................... 692 VI. CONCLUSION ....................................................................... 695 I. INTRODUCTION In April of 1999, Zack Exley received a letter from a lawyer representing the Governor George W. Bush Presidential Exploratory Committee. Among other things, the letter expressed anger over Mr. Exley's Web site, which poked fun at Mr. Bush * Professor of Law, Boston College Law School. The Author would like to thank the University of Houston Law Center for hosting the 2003 IPIL/Houston Santa Fe Conference, the Houston Law Review for publishing the manuscripts, and Craig Joyce for his effort in organizing the conference. Thanks are also owed to Joe Liu for comments on an earlier draft, and to Sheila Bautista and Daniel Scales for their research assistance. 673

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