[Cross Posted to Truth on the Market on December 12, 2012] In Part One, I addressed the argument by some libertarians that so-called “traditional property rights in land” are based in inductive, ground-up “common law court decisions,” but that intellectual property (IP) rights are top-down, artificial statutory entitlements. Thus, for instance, libertarian law professor, Tom … Continue reading “The “Common Law Property” Myth in the Libertarian Critique of IP Rights (Part 2)”
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The “Common Law Property” Myth in the Libertarian Critique of IP Rights (Part 1)
[Cross Posted to Truth on the Market on December 7, 2012] In libertarian critiques of intellectual property (IP) rights, such as copyrights and patents, it’s common to the hear the claim that “traditional property rights in land” is based in inductive, ground-up “common law court decisions,” but that IP rights are top-down, artificial statutory entitlements. … Continue reading “The “Common Law Property” Myth in the Libertarian Critique of IP Rights (Part 1)”
Some Historical Perspective on Today's High-Tech Patent Wars
[Cross Posted at Truth on the Market on October 9, 2012] The New York Times set hearts aflutter in the IP world yesterday with its hit piece on patents in the high-tech industry– I’m shocked, shocked to find the New York Times publishing biased articles on hot topics in politics and law — but Bloomberg … Continue reading “Some Historical Perspective on Today's High-Tech Patent Wars”
Copyright Reform Through Private Ordering
Note: This post was cross-posted at the CATO Unbound on 1/14/2013. The January 2013 issue of CATO Unbound feature a debate on copyright reform, Opportunities for Copyright Reform This post responds to the discussion in that issue, but it also stands alone as a critique of copyright reform proposals that fail to understand how copyright’s nature as … Continue reading “Copyright Reform Through Private Ordering”
Copyright, Economic Freedom and the RSC Policy Brief
Cross-posted to the Copyright Alliance Blog A few days ago, the Republican Study Committee signaled, and then retreated from, a vast change in the GOP’s attitude toward copyright. It released and then retracted a now infamous policy brief entitled “Three Myths about Copyright Law and Where to Start to Fix It.” This RSC Policy Brief … Continue reading “Copyright, Economic Freedom and the RSC Policy Brief”
Policy Debates On Patents Should Focus On Facts, Not Rhetoric (Forbes.com Op-Ed)
[Cross-posted at Truth on the Market on December 18, 2012] A heavily revised and expanded verison of one of my earlier blog postings was just posted as an op-ed on Forbes.com. This op-ed addresses how the FTC and DOJ have let themselves become swept up in anti-patent rhetoric, as evidenced by the FTC-DOJ workshop on December … Continue reading “Policy Debates On Patents Should Focus On Facts, Not Rhetoric (Forbes.com Op-Ed)”