Why this work is in the frame
A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.
Bibliographic record
Abstract
This comment was prepared for the Harvard Law Review “The New Private Law” Symposium (October 2011) as a response to Shyamkrishna Balganesh’s “The Obligatory Structure of Copyright Law: Unbundling the Wrong of Copying,” 125 Harvard Law Review 1664 (2012). \n \nBalganesh’s article makes three inter-related claims: (1) copyright law has a bilateral structure mirroring the correlativity of a private law action; (2) the bilateral structure of copyright law is organized around the centrality in copyright law of the defendant’s obligation not to copy (that is, of the wrong of copying); (3) the internal structure of copyright law can accommodate external plural values, such that attentiveness to this internal structure is in the final analysis compatible with instrumentalist construals of copyright law. \n \nMy purpose in this comment is to develop a single point: because it misunderstands the bilateral structure it seeks to identify (Part I – “Bilaterality”), Balganesh’s paper misconstrues both the mischief or “wrong” that copyright law targets (Part II – “Wrong”), and the way in which the relation between copyright and other “values” is to be juridically understood (Part III – “Plurality”). The comment concludes with some remarks on the theory of the public domain in copyright, and on the role of copyright theory in the critique of existing copyright law (Part IV – “Private Law as Critical Theory”). \n \nIn essence, the comment points out that the fundamental import of private law concepts in copyright analysis is not to affirm the centrality of the wrong of copying, but – quite the contrary - to anchor analytically and normatively the irretrievable immanence of the public domain in copyright law.
Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.
Full frame distilled prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.000 | 0.000 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.000 |
| Science and technology studies | 0.000 | 0.000 |
| Scholarly communication | 0.000 | 0.003 |
| Open science | 0.000 | 0.000 |
| Research integrity | 0.000 | 0.000 |
| Insufficient payload (model declined to judge) | 0.203 | 0.001 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it