Comments on Preliminary Draft 4 [black letter and comments]

In many respects, PD4 is a helpful synthesis of the law, likely to provoke less controversy than drafts of earlier Chapters. Nevertheless, we remain concerned about this draft’s, like its predecessors’, inconsistent treatment of legal issues. As in earlier drafts, this one sometimes traverses the line between restating positive law and “improving” it. In several instances, these departures from positive law adopt policy positions we would endorse in a different kind of endeavor, such as a “Principles” project, or an acknowledged advocacy piece. But we do not believe it accurate to characterize these departures, however substantively desirable, as “restating” the law (as opposed to revising it)

Letter to Council Members Regarding Council Draft 5

We understand that the ALI Council will consider Council Draft 5 (CD5) of the Restatement of the Law, Copyright (Copyright Restatement) project at its meeting on January 20-21, 2021. We appreciate the opportunity to provide comments on CD5. We hope that you will give careful consideration to these comments and send CD5 back to the Reporters to address the problems we describe below

Comments on Council Draft 6 [black letter and comments]

We appreciate the Reporters’ incorporation of some of our comments on recent drafts. There remain, however, certain flaws in CD6 that should be addressed. We explain the issues, below

Preliminary Comments on Restatement of Copyright, draft 2

Thank you for the opportunity to comment on Preliminary Draft 2 of the Restatement of Copyright. These are preliminary comments, given the short time frame provided to review the draft, and we anticipate sending further comments after we’ve had the opportunity to study the draft further, or as a follow-up to the Advisers’ meeting and the Consultative Group meeting on November 10 and 11, 2016, respectively

One Hundred and Two Years Later: The U.S. Joins the Berne Convention

In historic votes on October 5 and October 12, the U.S. Senate and House of Representatives unanimously approved legislation designed to bring U.S. law into compliance with the Berne Convention. The legislation was signed by President Reagan on October 31, 1988. Also signed by the President was a Senate Resolution of October 20 of Ratification of the Berne Convention. Following deposit of the requisite instruments with the World Intellectual Property Organization in Geneva, U.S. adherence to Berne took effect on March 1, 1989. For the U.S., this momentous step is the culmination of decades of struggle, including many failed attempts by the U.S. over the years to align itself with other developed and developing nations in subscribing to the world\u27s oldest and most extensive treaty protecting the rights of authors. The step was at last achieved in the closing hours of the hectic session of the Congress shortly before the Presidential election. It was achieved, also, in the face of internal political maneuvering that threatened the adherence bills with delay and possible defeat until the last moment

Comments on Preliminary Draft 7 [black letter and comments]

PD7 is often confusing, largely as a result of failure to provide important explanations or definitions, or to tell the reader where that information can be found. Key terms, such as “edicts of law” and “formalities” remain undefined. Formalities are a principal topic of PD7; they deserve a more thorough description than the draft contains, addressing what formalities are, whether every declaratory obligation (or option) is a “formality,” or only those that go to the existence or enforcement of copyright (this is the Berne Convention meaning of “formality”)

Letter to Council Members Regarding Council Draft 3

We understand that the ALI Council will consider Council Draft 3 (CD3) of the Restatement of the Law, Copyright (Copyright Restatement) project at its meeting on October 17-18, 2019. The Council may not appreciate how controversial a project this is: the U.S. Copyright Office, the U.S. Patent and Trademark Office, the American Bar Association’s Section of Intellectual Property Law, the New York City Bar Association’s Committee on Copyright and Literary Property, academics and other Advisers and Liaisons have expressed serious concerns about this and previous Council Drafts and Preliminary Drafts; indeed, the Register of Copyrights deplored the project as a “pseudo version” of the copyright law. The broad-based criticisms the project has incurred should urge the Council to proceed with great caution

Multiple-Scale Analysis of the Quantum Anharmonic Oscillator

Conventional weak-coupling perturbation theory suffers from problems that arise from resonant coupling of successive orders in the perturbation series. Multiple-scale perturbation theory avoids such problems by implicitly performing an infinite reordering and resummation of the conventional perturbation series. Multiple-scale analysis provides a good description of the classical anharmonic oscillator. Here, it is extended to study the Heisenberg operator equations of motion for the quantum anharmonic oscillator. The analysis yields a system of nonlinear operator differential equations, which is solved exactly. The solution provides an operator mass renormalization of the theory.Comment: 12 pages, Revtex, no figures, available through anonymous ftp from ftp://euclid.tp.ph.ic.ac.uk/papers/ or on WWW at http://euclid.tp.ph.ic.ac.uk/Papers/papers_95-6_.htm