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Stanford Technology Law Review © 2015 by the Board of Trustees of the Leland Stanford Junior University Winter 2015 CONTENTS COPYRIGHT’S TECHNOLOGICAL INTERDEPENDENCIES .................................. 189 Clark D. Asay THE CRIMINAL COPYRIGHT GAP ................................................................... 247 Eldar Haber MISAPPROPRIATION AND THE MORALITY OF FREE-RIDING ........................... 289 Michael E. Kenneally INTELLECTUAL PROPERTY INFRINGEMENT AS VANDALISM .......................... 331 Irina D. Manta & Robert E. Wagner FUNCTIONAL CLAIMING AND THE PATENT BALANCE.................................... 365 David J. Kappos & Christopher P. Davis Information About the Stanford Technology Law Review About: The Stanford Technology Law Review is published three times a year (Fall, Winter, and Spring) by students of the Stanford Law School, Crown Quadrangle, 559 Nathan Abbott Way, Stanford, California 94305-8610. The Stanford Technology Law Review is available free of charge online at http://stlr.stanford.edu. Manuscripts: The Stanford Technology Law Review accepts the submission of unsolicited manuscripts through ExpressO, a service of the Berkeley Electronic Press. Additional information about submissions is available online at http://stlr.stanford.edu/submissions. Questions may be directed to [email protected]. Citations: The text and citations of the Stanford Technology Law Review generally conform to The Bluebook: A Uniform System of Citation (19th ed. 2010), copyright The Columbia Law Review Association, The Harvard Law Review Association, the University of Pennsylvania Law Review, and the Yale Law Journal. Internet Address: The Stanford Technology Law Review homepage is located at http://stlr.stanford.edu. Follow the Stanford Technology Law Review on Facebook and on Twitter @StanTechLRev. EDITORIAL BOARD VOLUME 18 SCOTT M. FLANZ Editor-in-Chief ELIZABETH BERARDI MATTHEW MILLER PILAR LANDON Executive Editors Managing Editor E ERIC JOHNSON DONNA LONG AMIT G RESSEL MATT BENEDETTO JESSICA HUDAK PADDY MCEVOY Articles Editor Chairs JESSICA HUDAK Articles Editors Peer Review Director MARTA GARCIA ANDREW WHALEN Symposium Directors ERIC DUNN Online Editor Lead Editors MATT BENEDETTO DAISUKE GATANAGA DONNA LONG PATRICK BENITEZ SHHANNON GRAMMEL ANDREW MORRIS REID GARDNER JESSICA HUDAK VINCENT SHEU PILAR LANDON Member Editors JOE CATAPANO SYDNEY LAKIN ALEX ROSENBERG KEVIN COWHER MADELEINE LAUPHEIMER WYNN STATEMAN SAM DIPPO NIKKI LEON WANGSHU TAI SARA GATES STEPHEN LIU KEVIN XU KEVIN GIBSON SAM MCCLURE MIKE YAKIMA PILAR LANDON OLGA MUSAYEV JAMES YOON KEVIN O’CONNELL Business Manager MEG HARRINGTON The Stanford University School of Law OFFICERS OF ADMINISTRATION John L. Hennessy, B.E., M.S., Ph.D., President of the University John W. Etchemendy, B.A., M.A., Ph.D., Provost of the University M. Elizabeth Magill, B.A., J.D., Dean and Richard E. Lang Professor of Law Mark G. Kelman, B.A., J.D., James C. Gaither Professor of Law, Vice Dean, and Professor (by courtesy) of Political Economy Juliet M. Brodie, A.B., J.D., Professor of Law, Director of the Mills Legal Clinic and of the Community Law Clinic, and Associate Dean for Clinical Education Deborah R. Hensler, B.A., Ph.D., Judge John W. Ford Professor of Dispute Resolution and Associate Dean for Graduate Studies Jenny S. Martinez, B.A., J.D., Professor of Law, Warren Christopher Professor in the Practice of International Law and Diplomacy, and Associate Dean for Curriculum F. Daniel Siciliano, B.A., J.D., Professor of the Practice of Law and Associate Dean for Executive Education and Special Programs George Triantis, LL.B., LL.M., J.S.D., James and Patricia Kowal Professor of Law and Associate Dean for Strategic Planning Frank F. Brucato, B.A., Senior Associate Dean for Administration and Chief Financial Officer Diane T. Chin, B.A., J.D., Lecturer in Law and Associate Dean for Public Service and Public Interest Law Faye Deal, A.B., Associate Dean for Admissions and Financial Aid Julia Erwin-Weiner, B.A., M.A., Associate Dean for External Relations Catherine Glaze, B.A., J.D., Associate Dean for Student Affairs Sabrina Johnson, B.A., Associate Dean for Communications and Public Relations Susan C. Robinson, B.A., J.D., Lecturer in Law and Associate Dean for Career Services FACULTY EMERITI Barbara Babcock, B.A., LL.B., LL.D. (hon.), Judge John Crown Professor of Law, Emerita Paul Brest, B.A., LL.B., Professor of Law, Emeritus and Former Dean Gerhard Casper, Referendar, LL.M., Dr. iur. utr., LL.D. (hon.), President Emeritus, Professor of Law Emeritus, Peter and Helen Bing Professor in Undergraduate Education, Senior Fellow, Institute for International Studies, and Professor (by courtesy) of Political Science Joshua Cohen, B.A., M.A., Ph.D., Professor of Political Science, Philosophy and Law and Marta Sutton Weeks Professor of Ethics in Society, Emeritus William Cohen, B.A., LL.B., C. Wendell and Edith M. Carlsmith Professor of Law, Emeritus Richard Craswell, B.A., J.D., William F. Baxter-Visa International Professor of Law, Emeritus Lance E. Dickson, B.A., LL.B., B.Com., M.L.S., Professor of Law, Emeritus, and Former Director of the Robert Crown Law Library Marc A. Franklin, A.B., LL.B., Frederick I. Richman Professor of Law, Emeritus William B. Gould IV, B.A., LL.B., LL.D. (hon.), Charles A. Beardsley Professor of Law, Emeritus Thomas C. Grey, B.A., B.A., LL.B., LL.D. (hon.), Nelson Bowman Sweitzer and Marie B. Sweitzer Professor of Law, Emeritus Thomas C. Heller, A.B., LL.B., Lewis Talbot and Nadine Hearn Shelton Professor of International Legal Studies, Emeritus Miguel A. Méndez, A.A., A.B., J.D., Adelbert H. Sweet Professor of Law, Emeritus John Henry Merryman, B.S., M.S., J.D., LL.M., J.S.D., Nelson Bowman Sweitzer and Marie B. Sweitzer Professor of Law, Emeritus, and Affiliated Professor, Department of Art, Emeritus Kenneth E. Scott, A.B., M.A., LL.B., Ralph M. Parsons Professor of Law and Business, Emeritus Williams Simon, A.B., J.D., Gertrude and William Saunders Professor of Law, Emeritus Michael S. Wald, B.A., M.A., LL.B., Jackson Eli Reynolds Professor of Law, Emeritus PROFESSORS Janet Cooper Alexander, B.A., M.A., J.D., Frederick I. Richman Professor of Law Michelle Wilde Anderson, B.A. M.Sc., J.D., Professor of Law Joseph M. Bankman, A.B., J.D., Ralph M. Parsons Professor of Law and Business Ralph Richard Banks, B.A., M.A., J.D., Jackson Eli Reynolds Professor of Law and Professor (by courtesy) of Education Juliet M. Brodie, A.B., J.D., Professor of Law, Director of the Mills Legal Clinic and of the Community Law Clinic, and Associate Dean for Clinical Education James L. Cavallaro, A.B., J.D., Professor of Law, Director, Stanford International Human Rights and Conflict Resolution Clinic, and Director, Human Rights Center G. Marcus Cole, B.S., J.D., Wm. Benjamin Scott and Luna M. Scott Professor of Law Mariano-Florentino Cuéllar, A.B., A.M., J.D., Ph.D., Stanley Morrison Professor of Law, Professor (by courtesy) of Political Science, and Director, Freeman Spogli Institute for International Studies Robert M. Daines, B.S., B.A., J.D., Pritzker Professor of Law and Business and Professor (by courtesy) of Finance Michele Landis Dauber, B.S.W., J.D., Ph.D., Professor of Law, Bernard D. Bergreen Faculty Scholar, and Professor (by courtesy) of Sociology John J. Donohue III, B.A., J.D., M.A., M.Phil., Ph.D., C. Wendell and Edith M. Carlsmith Professor of Law David Freeman Engstrom, A.B., M.Sc., J.D., Ph.D., Professor of Law Nora Freeman Engstrom, A.B., J.D., Professor of Law George Fisher, A.B., J.D., Judge John Crown Professor of Law and Faculty Co-Director, Criminal Prosecution Clinic Jeffrey L. Fisher, A.B., J.D., Professor of Law and Co-Director, Supreme Court Litigation Clinic Richard Thompson Ford, B.A., J.D., George E. Osborne Professor of Law Barbara H. Fried, B.A., M.A., J.D., William W. and Gertrude H. Saunders Professor of Law Lawrence M. Friedman, A.B., J.D., LL.M., LL.D. (hon.), Marion Rice Kirkwood Professor of Law, Professor (by courtesy) of History, and Professor (by courtesy) of Political Science Ronald J. Gilson, A.B., J.D., Charles J. Meyers Professor of Law and Business Paul Goldstein, B.A., LL.B., Stella W. and Ira S. Lillick Professor of Law Robert W. Gordon, A.B., M.A., J.D., Professor of Law Henry T. Greely, A.B., J.D., Deane F. and Kate Edelman Johnson Professor of Law and Professor (by courtesy) of Genetics and Director, Center for Law and Biosciences and Stanford Program in Neuroscience and Society Joseph A. Grundfest, B.A., M.Sc., J.D., W.A. Franke Professor of Law and Business Deborah R. Hensler, A.B., Ph.D., Judge John W. Ford Professor of Dispute Resolution and Associate Dean for Graduate Studies Daniel E. Ho, B.A., A.M., Ph.D., J.D., Professor of Law and Robert E. Paradise Faculty Fellow for Excellence in Teaching and Research Erik G. Jensen, B.A., J.D., L.L.M., Professor of the Practice of Law and Director, Rule of Law Program Pamela S. Karlan, B.A., M.A., J.D., Kenneth and Harle Montgomery Professor of Public Interest Law and Co-Director, Supreme Court Litigation Clinic (on leave) Mark G. Kelman, B.A., J.D., James C. Gaither Professor of Law, Vice Dean, and Professor (by courtesy) of Political Economy Amalia D. Kessler, B.A., M.A., J.D., Ph.D., Lewis Talbot and Nadine Hearn Shelton Professor of International Legal Studies and Professor (by courtesy) of History Daniel P. Kessler, A.B., J.D., Ph.D., Professor of Law, Senior Fellow, Hoover Institution, David S. and Ann M. Barlow Professor in Management, and Professor (by courtesy) of Health Research and Policy Michael Klausner, B.A., M.A., J.D., Nancy and Charles Munger Professor of Business and Professor of Law William S.
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  • "Babe" Ruth 1922-1925 H&B

    "Babe" Ruth 1922-1925 H&B

    HUGGINS AND SCOTT'S November 10, 2016 AUCTION PRICES REALIZED LOT# TITLE BIDS 1 Rare George "Babe" Ruth 1922-1925 H&B "Kork Grip" Pro Model Bat Ordered For 1923 Opening Day of Yankee Stadium!46 $ 25,991.25 2 1909-11 T206 White Borders Ray Demmitt (St. Louis) Team Variation-- SGC 50 VG-EX 4 12 $ 3,346.00 3 1909-11 T206 White Borders Christy Mathewson (White Cap) SGC 60 EX 5 11 $ 806.63 4 1909-11 T206 White Borders Christy Mathewson (White Cap) SGC 55 VG-EX+ 4.5 11 $ 627.38 5 1909-11 T206 White Borders Christy Mathewson (Portrait) PSA VG-EX 4 15 $ 1,135.25 6 1909-11 T206 White Borders Christy Mathewson (Dark Cap) with Sovereign Back--PSA VG-EX 4 13 $ 687.13 7 1909-11 T206 White Borders Ty Cobb (Bat On Shoulder) Pose--PSA Poor 1 9 $ 567.63 8 1909-11 T206 White Borders Larry Doyle (with Bat) SGC 84 NM 7 4 $ 328.63 9 1909-11 T206 White Borders Johnny Evers (Batting, Chicago on Shirt) SGC 70 EX+ 5.5 7 $ 388.38 10 1909-11 T206 White Borders Frank Delehanty SGC 82 EX-MT+ 6.5 6 $ 215.10 11 1909-11 T206 White Borders Joe Tinker (Bat Off Shoulder) SGC 60 EX 5 11 $ 274.85 12 1909-11 T206 White Borders Frank Chance (Yellow Portrait) SGC 60 EX 5 9 $ 274.85 13 1909-11 T206 White Borders Mordecai Brown (Portrait) SGC 55 VG-EX+ 4.5 5 $ 286.80 14 1909-11 T206 White Borders John McGraw (Portrait, No Cap) SGC 60 EX 5 10 $ 328.63 15 1909-11 T206 White Borders John McGraw (Glove at Hip) SGC 60 EX 5 10 $ 262.90 16 1909-11 T206 White Border Hall of Famers (3)--All SGC 30-60 8 $ 418.25 17 1909-11 T206 White Borders Nap Lajoie SGC 40-50 Graded Trio 21 $ 776.75