Wednesday, March 11, 2009

Trade-offs

The article is trying to figure out the best way that the Tradeoff Idea would be applicable; the tradeoff idea is if infringing a claim is better for those whose claim would be infringed or not infringing if the claim is better for those whose claim is not infringed. For example, if A was to do an act c on B, it would be permissible if and only if infringing it would be better for B. This is the main topic that Thomson reiterates with different circumstances; with each new circumstance becomes new additions or subtractions to the Tradeoff idea. This article, to my understanding, seems to just be talking about how the Tradeoff idea will work between claim rights. THe problem is that, I had a difficult time understanding the outcome of the idea. I am not sure exactly if this is what Thomson was talking about, therefore, if we could talk about what exactly the point of this article is, I think that would help me better understand Thomson's point.

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