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Does IP Make Sense?
Posted by Ernest Miller on Friday, September 12 @ 12:57:32 EDT Copyright
For those interested in the theory of intellectual property, Professor Volokh of UCLA's law school and The Volokh Conspiracy has written a quick-and-dirty defense of intellectual property as a concept that makes sense in the abstract (The conceptual plausibility of intellectual property). Lawrence Solum, professor of law at the University of San Diego, points out a useful distinction in Volokh's argument (Volokh's defense of Intellectual Property).
 
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Re: Does IP Make Sense? (Score: 0)
by Anonymous on Saturday, September 13 @ 10:36:08 EDT
I probably don't need to point this out, but this is toe-dipping in some very deep waters... [www.google.com]

According to Solum, "Volokh's core argument was that intellectual property rights create incentives to produce intellectual property."

Ahem... Okay... "First day IP 101 class dismissed."

Kind of confirms the view that there's no real threat of blogs supplanting legal journals.


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Re: Does IP Make Sense? (Score: 0)
by Anonymous on Sunday, September 14 @ 23:05:27 EDT
At least when it comes to public speech, isn't it the right to exclude which is denied to the Congress by the First Amendment's "no law" acknowledgement of free speech rights?

IP does have some limited utility within the realm of commerce, but it can only be extended beyond this limited sphere by taking away other rights. I, for one, object strongly to having my right to speak and be heard by willing listeners being eroded by the growth of the notion of intellectual property.


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