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There is No 'There' There: Intel v. Hamidi and the Creation of New Property Rights Online

Canadian Business Law Journal, Vol. 40, p. 87, 2004

22 Pages Posted: 30 Jun 2010  

Wendy A. Adams

McGill University - Faculty of Law

Date Written: 2004

Abstract

The development of the internet as a medium for conducting commercial activity has led to a series of legal disputes between competitors and other parties concerning the allocation of the potential revenue to be derived from these activities. The pleadings for such disputes, not surprisingly, tend to set out numerous causes of action in the hopes that at least some will be amenable to reasoning by analogy as judges confront novel claims. The danger, however, of an ad hoc approach to the progressive development of common law as it applies to online disputes is that hastily scattered doctrinal seeds may develop unexpectedly into firmly entrenched judicial roots. The objective of this brief comment is not to resolve the issue of propertization of online transactions, but simply to demonstrate that doctrinal implementation of property norms should not be predicated on the questionable legitimacy of using metaphors of place and object as the conceptual framework for analyzing online disputes.

Keywords: internet, property, intellectual property

Suggested Citation

Adams, Wendy A., There is No 'There' There: Intel v. Hamidi and the Creation of New Property Rights Online (2004). Canadian Business Law Journal, Vol. 40, p. 87, 2004. Available at SSRN: https://ssrn.com/abstract=1632493

Wendy Ann Adams (Contact Author)

McGill University - Faculty of Law ( email )

3644 Peel Street
Montreal H3A 1W9, Quebec
Canada

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