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In raising this critique, this scholarship implies egalitarian public domains where patterns of discrimination are exposed in order to facilitate women's access to patent rights.
Thus, I suggest an analytic for understanding the public domain as situated public domains.
An understanding of public domains as situated enables scholars to consider how various conceptions of the public domain are at work within particular patent law struggles and critical IP projects.
Other conceptions of public domains seem to have been born out of dissatisfaction with the "traditional, absolutist conception of the public domain" (that is, information resources unencumbered by intellectual property rights).
Six public domains focus on freedoms to use information resources even when works embodying these resources are protected by intellectual property rights.
Their public domains (PD 7 and 8) would, respectively, grant artists a status presumptively entitling them to appropriate from others' works and provide a cultural landscape from which creators would be free to draw whatever inspired them to engage in artistic self-expression.
An explicit reservation of the public domain in these circumstances must be seen as a part of the court's obligation to be clear about the hold~g.
Professor Samuels and some others have suggested that no matter how we may struggle, in the end the public domain is whatever intellectual property is not.
Meanwhile, the public domain certainly can and should be envisioned as a thing apart, and strengthened accordingly.
Because I will argue that materials in the public domain are not owned by anybody, I think that this is a mistake.
Earlier we saw that Patricia Samuelson wrongly subsumed a privately created commons within the public domain, and similarly others wrongly subsume public property within the public domain.
The main categories of the material public domain were already well known to Roman law, which catalogued res nullius and res communes among the nonexclusive forms of property.

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