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Extra info for Copy Fights: The Future of Intellectual Property in the Information Age
S. S. federal law rather than the laws of the several states, and which have little or no plausible claim to natural or common law foundations. Trademarks and trade secrets, the two other main types of intellectual property, present issues different from those covered by this paper and, thus, beyond its scope. ’’7 In another case, the Court observed: ‘‘The patent monopoly was not designed to secure to the inventor his natural right in his discoveries. ’’8 Nonetheless, a few commentators have argued that the propriety of copyrights and patents could and should rely on a Lockean labordesert justification.
W. Norton, 1995), pp. 543, 545. 23. Ibid. 24. ‘‘Letter from James Madison to Thomas Jefferson,’’ New York, October 17, 1788, ibid. at 562, 566. 25. That Jefferson did not raise a natural rights argument bears noting, too. 26. Jefferson, as secretary of state, effectively directed the three-member board that reviewed applications under the 1790 Patent Act. Edward C. Walterscheid, ‘‘Patents and the Jeffersonian Mythology,’’ John Marshall Law Review 29 (1995): 269, 279–80. Some authorities also credit Jefferson as having authored the 1793 Patent Act.
On examination, the disputes over Locke always seem to come down to the extent of the ownership right, not to whether it exists at all. Economics Economic arguments contain several subthemes: ● Incentives—people work hardest and produce the most when they produce for themselves. ● Investment—who would forego current consumption unless he got some future benefit, and the way to ensure investment is to give the investor a property interest. ● Allocation of resources—recognizing rights in property allows resources to flow to their most valuable uses as producers bid for them.