One issue is whether indirect i/p protection should be allowed to, or encouraged to, piggyback on other forms of protection, 1 ike privacy & contract law. (This is the KEWANEE issue. It's a matter of general pol icy, and of preemption.). Another issue is whether, within federal i/p law, a cause of action based on limited statutory infringement should be handled any differently because other damage damage which wouldn't be actionable alone under the relevant federal statute - is present. (This is raised by the NATION issue. It's a matter of legislative intent & general policy,) Although both issues involve piggybacking an interest which isn't explicitly a goal of protection onto a protected interest with which it serendipitously happens to be linked, they have different dimensions. We talk in this file about the latter issue: the extent to which a federal copyright action should take into account noncopyright damage.
Wendy J. Gordon, More on Indirect Protections: Piggyback Damage Claims (1989) (unpublished manuscript).