Motivation

{Just a couple of quick notes for now — hopefully I will be able to come back and add to this entry before class today.}

Jonathan: I’m not sure it’s logically necessary, but aesthetically I would like an example — some controversial, polarizing issue — that you can trace through the paper, providing a grounding for some of the points you make about framing and representation.

David: You had me convinced with your Mutually Assured Destruction argument for why people would be less likely to allege willfulness, but after reading the other comments, I can see how this part of your paper may need to be fleshed out a bit more. I liked what you said about patent infringement and the attendant litigation becoming a “cost of doing business”, but just as it is apparent that this will not be true of all companies (either they will vary in their own capabilities to engage in this practice, or they will vary in their relationships to each other), this might also have implications for the M.A.D. piece. Will it always work to lessen the likelihood of alleging willfulness, or only between companies that have a certain relationship toward each other?