BIO:
* Harvard Law School, Candidate for J.D., 2012; Sc.B., Brown University, 2008. The author would like to thank R. Craig Kitchen, Adam Lewin, and the staff of the Harvard Journal of Law and Technology for their hard work bringing this Note to print, and to Robin Achen and the members of the journal's student writing committee for helpful comments on earlier drafts. The seed for this Note comes from a proposal by Christopher Sprigman, see infra note 11, and an examination in William Fisher's course in Copyright Law. All errors are the author's own