Legal Opinion · Dissent

Stanley v. Columbia Broadcasting System, Inc.

California Supreme Court

Decided August 4, 1950No. L. A. 20686Published

1Dissent

TRAYNOR, J, Dissenting.

Abstract ideas are common property freely available to all. What men forge out of these *673ideas with skill, industry, and imagination, into concrete forms uniquely their own, the law protects as private property. It gives the special form the stamp of recognition; it does so to stimulate creative activity. It does something more to stimulate creative activity: it assures all men free utilization of abstract ideas in the process of crystallizing them in fresh forms. For creativeness thrives on freedom; men find new implications in old ideas when they range with open minds…

2Cases cited60 opinions

  1. Nichols v. Universal Pictures CorporationCourt of Appeals for the Second Circuit · 1930
  2. Bleistein v. Donaldson Lithographing Co.Supreme Court of the United States · 1903
  3. Sheldon v. Metro-Goldwyn Pictures CorporationCourt of Appeals for the Second Circuit · 1936
  4. Matarese v. Moore-McCormack Lines, Inc.Court of Appeals for the Second Circuit · 1946
  5. Universal Pictures Co. v. Harold Lloyd CorporationCourt of Appeals for the Ninth Circuit · 1947

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