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The argument remains current and common: "the disposition [of the undevised property] is not governed by [the] will, but by another rule having its origin in another source, in the application of which the intent of the testator is not the governing rule, and can have no influence" Bray v.
Implicit in this scenario is the suspicion that keeping slaves was misbehaving, but only according to some as yet undevised or unspoken or uncontemplated--except by the McCaslins--moral order.
Though recognizing that in those technologies the existent copyright law is basically unenforceable, they nonetheless grab on to whatever frail reed it may provide rather than turn to the even frailer reed of trying to invent, and to get into legislation, some entirely new as-yet undevised system for rewarding the creators of information....