Copyright as Market Prospect

For many decades now, copyright jurisprudence and scholarship have looked to the common law of torts—principally trespass and negligence—in order to understand copyright’s structure of entitlement and liability. This focus on property- and harm-based torts has altogether ignored an area of tort law with significant import for our understanding of copyright law: tortious interference with a prospective economic advantage. This Article develops an understanding of copyright law using tortious interference with a prospect as a homology. Tortious interference with a prospect allows a plaintiff to recover when a defendant\u27s volitional actions interfere with a potential economic benefit that was likely to accrue to the plaintiff prior to the defendant’s intervention. Premised on the idea of a probabilistic harm and driven by instrumental considerations, the tort works by treating a possible market benefit as the basis of an interest that is worthy of protection against specific behavior. As a supposed incentive for creativity, copyright law operates in ways that are strikingly similar to tortious interference with a prospect. Much like tortious interference with a prospect, it functions by first identifying a zone of probabilistic market benefits, and then protecting that zone against specific volitional interferences through a framework of liability. The Article unpacks the strong analytical and normative parallels between the two, and argues that their similarity sheds new and important light on several persistent puzzles within current copyright jurisprudence

Copyright as Market Prospect

For many decades now, copyright jurisprudence and scholarship have looked to the common law of torts—principally trespass and negligence—in order to understand copyright’s structure of entitlement and liability. This focus on property- and harm-based torts has altogether ignored an area of tort law with significant import for our understanding of copyright law: tortious interference with a prospective economic advantage. This Article develops an understanding of copyright law using tortious interference with a prospect as a homology. Tortious interference with a prospect allows a plaintiff to recover when a defendant\u27s volitional actions interfere with a potential economic benefit that was likely to accrue to the plaintiff prior to the defendant’s intervention. Premised on the idea of a probabilistic harm and driven by instrumental considerations, the tort works by treating a possible market benefit as the basis of an interest that is worthy of protection against specific behavior. As a supposed incentive for creativity, copyright law operates in ways that are strikingly similar to tortious interference with a prospect. Much like tortious interference with a prospect, it functions by first identifying a zone of probabilistic market benefits, and then protecting that zone against specific volitional interferences through a framework of liability. The Article unpacks the strong analytical and normative parallels between the two, and argues that their similarity sheds new and important light on several persistent puzzles within current copyright jurisprudence

Usaha Sapu Rayung

Brooms are very much needed. by communities. The demand for brooms trends to increase a long with the increase of family heads in the community. With a quite wide market prospect, the business of brooms is one that can give income contribution, because this kind of business is relatively easy to do and does not require high technology. Key words : Demand, market prospect, incom

Overseas market prospect for oyster meat and oyster products

Among the molluscan shellfish, oysters are considered very delicious and also nutritious with appreciable amounts of glycogen, proteins, vitamins A, B and minerals. The succulant flesh of the common edible oyster has graced the tables of gourmets and gourmands alike since time immemorial. Its reputed powers range from aphrodisiac to restorative and was often prescribed by the 19th Century doctors in North America. Oysters are reportedly cultured by the ancient Romans, and old woodcuts show oyster harvesting in Japan

Export performance of Malaysian Telecommunication products: market prospect and challenges

This study tries to examine the export competitiveness of selected telecommunication products by using indicators like Revealed Comparative Advantage (RCA) and Constant Market Share (CMS)analysis and Shift-share method and these are used for identifying potential export markets. The selected four categories of telecommunication products are taken into account on the basis of three digit level Standard International Trade Classification (SITC) for the period between 2000 and 2011. The RCA calculation clearly indicates an increasing strength of comparative advantage of Malaysia, except for the products(SITC-763) and (SITC-764). This is mainly due to the negligible import for these products. The CMS results suggest that export gain s of Malaysia for telecommunication products are largely attributed to the size of the market and also to its competitiveness effects. The CMS analysis also depicts that the competitiveness effect of telecommunication products are subsequently improved in general during the period III and I (2008-11and 2000-03) as compared to those of the period I and II (2000-03and 2004-07) and period II and III (2004-07 and 2008-11).The shift-share indicates that the USA, UK, Netherlands, Switzerlands, Japan and Germany are biggest importing countries of Malaysian telecommunication products although major challenges are the asian countries here

Design of Local Agricultural Product based Pre-biotic Industry in Indonesia

Inulin as Pre biotics have a good opportunity to be developed in Indonesia due to the good potential of agriculture product as raw material.  On the other hand, the market prospect of inulin is very potentially to be developed because the demand of this pre biotic is still be imported from other countries.  This purpose of this research is financial and market analysis of pre biotic industry. Keywords: Pre-biotic, design, feasibl

Research on the Market Prospect and Development Strategy of Xiamen Health Food (Functional Food Industry)

摘要 改革开放30多年来，中国保健品市场从无到有，从小到大、从总量快速扩张到结构明显升级，逐步形成了有中国特色的多样化、多层次的消费市场。保健品市场规模比改革初期扩大了几倍乃至几十倍，其发展成就令世人瞩目。 进入2010年后，随着人们生活水平的提高，人们开始倾向健康和长寿的保健品需求，统计得出，中国保健品行业已经形成亿万个消费群体，以此构成了巨大的保健品消费市场。与此对应，保健品行业的迅速发展吸引了一大批有关企业的进入，他们涉及保健食品、营养品、绿色健康食品、美容保健品、保健医疗器械及设备等产业。因此，巨大的市场需求使保健品行业成为我国发展最快的行业，并被赋予“朝阳产业”的称号。对此，保健...Abstract Since 30 years of reform and opening up, China nutrition and health products market from small to large, from the total amount of the rapid expansion to significantly upgrade the structure, and gradually formed with Chinese characteristics, diversified, multi-level consumer market. Health care reform than the initial size of the market nutrition expanded several times and even a few ti...学位：工商管理硕士院系专业：管理学院_工商管理硕士(高级管理人员工商管理硕士)学号：X201315617

Seaweed Cultivation Techniques Gracillariaverrucosa in Pond Ujungpangkah District, Gresik East Java using Broadcast Method

Seaweed is one of the sea cultivation commodities that are easy to be cultivated and have a good market prospect in improving coastal community empowerment. Moreover, the technology used to cultivate seaweed is also simple and inexpensive so it is suitable and easily adapted by coastal communities.Type of seaweed that has been cultivated in brackish water isGracilaria sp.One of the methods used for seaweed cultivation Gracilaria verrucosa is the broadcast method or spread.This method provides an increase in the growth length from 5 cm to 5.8 cm for 42 days and the weight of Gracilaria verrucosa seaweed from 10 grams to 14.1 gr for 42 days. This growth was influenced by ambient temperature including temperature 28-33 º C, salinity 5-17 ppt and degree of acidity (pH) 5-8