Via Gerry Everding: What were they thinking?

In creating a double standard for copyright and trademark law, the courts appear to have been influenced by the "romantic nature" of copyright law, Bartholomew says. "It's romantic to think about someone writing the great American novel or producing a hit song," he explains, "and the people who appeal for protection of these rights authors, movie stars, musicians are themselves very appealing."

When these romantic notions are combined with fears of widespread digital theft, you get "copyright panic," Bartholomew contends.

Complete article here

(off-topic) if you read french, in first instance GSK was condemned for predatory pricing against a generic entrant in the market for a drug:

GSK predatory pricing in France

Prices by GSK France were under the accounting price GSK France paid for the drugs according to the article.

This is the first judgement for predatory pricing in France.

Patent badness...

Great article. But I'm not sure that the author is entirely correct when he says, "In contrast, trademark law has not been subjected to a broadening of secondary liability in recent years..."

Check out the round-ups of the recent (and unfortunate) Trademark legislation signed into law:

http://blog.ericgoldman.org/archives/2006/10/trademark_dilut_3.htm

http://blogs.law.harvard.edu/infolaw/2006/10/09/trademark-dilution-revision-act-becomes-law/

http://sclblog.com/2006/10/18/tyranny-of-trademark-law-part-6-monopolizing-language/