The “Common Law Property” Myth in the Libertarian Critique of IP Rights (Part 2)

[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)”

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)”