By Adam Thierer, Visit Amazon's Clyde Wayne Crews Jr. Page, search results, Learn about Author Central, Clyde Wayne Crews Jr.,
A debate at the thought of highbrow estate, the evolution of copyright and patent legislations, and using expertise to guard highbrow estate. a major publication on state-of-the-art matters.
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Extra info for Copy Fights: The Future of Intellectural Property in the Information Age
Example text
John M. ’’). 35. ’’); Yen, pp. ’’). See generally Hayek. 36. See Trotter Hardy, ‘‘Property (and Copyright) in Cyberspace,’’ University of Chicago Legal Foundation 1996 (1996): 257 (arguing that in the face of rapid technological change, ‘‘the high costs of group decision making ensure that the Copyright Act will be long out of date before it can be revised appropriately’’). 37. ’’). See also Ludwig 14 Indelicate Imbalancing in Copyright and Patent Law Von Mises, Liberalism in the Classical Tradition, 3rd ed.
Since 1972, the Supreme Court has backed and filled and dithered, but the tide has turned. 20 Now, while property rights remain under attack in a multitude of specific contexts, at a general level the legitimacy and importance of the institution of property are universally recognized. Indeed, conventional wisdom is coalescing around an assumption that failure to recognize this importance is a symptom of dementia in a society. Tenacious institutions, such as property, have deep roots. Richard Pipes, the eminent Russian scholar and author of Property and Freedom, notes that discussions of property ‘‘from the time of Plato .
It is clear that ‘‘property’’ in tangible form has a legitimacy that predates that basic charter. In the Fifth Amendment, which says that one may not ‘‘be deprived of . . property, without due process of law’’ and ‘‘nor shall private property be taken for public use without just compensation,’’ the drafters did not define ‘‘property,’’ nor has Congress ever done so. 12 Intellectual property is different. S. ’’ The lawyers tend not to look to any common law gloss on intellectual property lurking in the background, because, as the Supreme Court said:13 The clause is both a grant of power and a limitation.
