Copyrights
a. Allows independent creation. We could do this in patents but don’t. Why?
(A) Worried about fraud? But your could req evidence…
(B) Undercuts value of patent, shouldn’t be randomly injured by independent inventor. But that happens with patent races too and we don’t care.
(C) Real reason is probably that identical independent creation doesn’t happen in copyrights and if it did, we wouldn’t believe that it was independent.
b. Kitsch: Make patents broad, assured nobody can take it away, give it early, but less duration in exchange. more scope, less duration.
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