Obsolete legal concepts? (RE: Fair-Use/Schmair-Use...)

["Rick Anderson" <rickand@unr.edu>]

> No, Sandy, in science I would not; but in the case of these 
> legal terms and concepts -- applied to a new medium that 
> lawyers neither understand, nor one to which their obsolescent 
> terms and concepts are even coherently applicable -- it is the 
> "technical terms" that are the confused ones, and what is 
> needed is some common sense in their stead, to dispel the 
> confusion they create in the public mind.

Stevan, could you give us, say, five examples of legal terms and 
concepts that are currently being used in this debate, and whose 
meanings are obsolete or otherwise inapplicable in the new 
medium?

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Rick Anderson
Dir. of Resource Acquisition
University of Nevada, Reno Libraries
rickand@unr.edu