tag:blogger.com,1999:blog-5764290.post7686125292460875763..comments2024-03-22T08:01:16.236-04:00Comments on Rebecca Tushnet's 43(B)log: IPSC 2008: Closing plenaryUnknownnoreply@blogger.comBlogger1125tag:blogger.com,1999:blog-5764290.post-60452241977066610852008-08-14T12:01:00.000-04:002008-08-14T12:01:00.000-04:00I thought that this was a great presentation, but ...I thought that this was a great presentation, but the conclusion about "fact suppressing doctrines" does not follow quite as inexorably as DM suggests. The production and adjudication of facts is costly and uncertain. We should apply safe harbors and categorical rules when the costs of ascertaining all the facts exceed the benefits. Insisting that the relevant facts must be evaluated (and inevitably "balanced") with the wisdom of hindsight by non-experts (i.e. judges and juries) creates an uncertain environment for artists and technology developers.Matthttps://www.blogger.com/profile/07268745686259037375noreply@blogger.com