There is No 'There' There: Intel v. Hamidi and the Creation of New Property Rights Online
Bibliographic record
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.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.004 | 0.008 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.001 | 0.001 |
| Science and technology studies | 0.014 | 0.012 |
| Scholarly communication | 0.012 | 0.009 |
| Open science | 0.001 | 0.003 |
| Research integrity | 0.013 | 0.012 |
| Insufficient payload (model declined to judge) | 0.005 | 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 itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".