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2 Hastings Sci. & Tech. L.J. [i] (2010)

handle is hein.journals/hascietlj2 and id is 1 raw text is: HASTINGS SCIENCE & TECHNOLOGY LAW
JOURNAL
VOLUME 2                     WINTER 2010                      NUMBER 1
Table of Contents
ARTICLES
THE ROLE OF THE SUBCONSCIOUS IN INTELLECTUAL PROPERTY LAW
by  R obin  F eldm an .............................................................................................................1
Human behavior stems from a fascinating tangle of conscious and
subconscious impulses. Issues resulting from this combination can become relevant
in a wide variety of legal contexts, including choosing where to place a burden or
whom to hold liable. These nuances are particularly important in intellectual
property, as much of it stems from the human mind as it interacts with the natural
world as well as previous creations. This piece will consider how Intellectual
Property law handles subconscious impulses on the part of participants in the
system. Looking at examples from Copyright, Trade Secret, and Patent law, this
Article argues that although such impulses may be treated differently in different
areas of Intellectual Property law, the variations can be understood in the context
of the moral stance adopted in the doctrinal area. Where the connection between
the moral stance of the doctrine and the approach taken by the doctrine is
muddled, it may signal a doctrine in disarray and suggest the need for
reformulation. Connecting this thread throughout the various areas of Intellectual
Property law may lead to more equitable and effective doctrinal choices. At the
very least, it has the virtue of packaging the doctrinal choices in more palatable
form for those who inhabit the world of intellectual property rights.
THE EXPORTABILITY OF THE PRINCIPLES OF SOFTWARE: LOST IN TRANSLATION?
by Michael L. Rustad and Maria Vittoria Onufrio................................................. 25
The American Law Institute approval of The Principles of Software Contracts
is a significant milestone in the history of software law. The project began in 2004
because of the flaws of the Uniform Computer Information Transactions Act
concerning this issue, problems strengthened by the widely held perception that
the law at the time was undeveloped, confused, and conflicting. Software
licensing is presently America's third largest industry and has suffered from the
mechanical extension of the law of sales to software over the last forty years, much
like courts imported horse and buggy law to resolve problems posed by the
automobile. Thankfully, the Principles achieve the objective of bringing common

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