By Butler Shaffer
From a libertarian point of view, premised upon recognize for personal estate and the rejection of coercion, a dialogue of what's referred to as "intellectual estate" - e.g., copyrights, patents, emblems - needs to specialise in an analogous questions that attend extra normal inquiries into estate possession. How do such pursuits come into life? How is decision-making exercised? and the way are pursuits transferred or misplaced?
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Extra resources for A Libertarian Critique of Intellectual Property
308.  Franz Oppenheimer, The State: Its History and Development Viewed Sociologically, trans. by John M. W. Huebsch, 1922), p. 24; reprinted New York: Free Life Editions, 1975. ” Black’s Law Dictionary (St. , 2004), p. 1098.  Margaret Cheney, Tesla: Man Out of Time (New York: Touchstone, 1981), pp. 32–35. , pp. 88, 225. P. Dutton, 1978), pp. 34, xviii; emphasis in original. , p. xviii. : The Free Press, 1963). : Harvard University Press, 1930), pp. , pp. 37, 46; Temporary National Economic Committee, Competition and Monopoly in American Industry, Monograph no.
The question arose, of course, as to what constituted a “publication” of the work: sending a copy to a publisher to review would not. In order to extend copyright protection to authors and publishers beyond the common law limits, Congress enacted copyright statutes. ” This constitutional authority created, in a legal monopolist of violence, the power to create in others monopoly property interests that did not otherwise exist, and would be enforced through the coercive powers of the state. Our legal system has long understood monopolies to be creatures of the state, a status that provided the recipient protection from would-be competitors.
The social implications of GMO patents may prove to be the Achilles-heel in the entire field of IP. As asked earlier, to the extent IP interests arise only by way of grants from the state, how can such claims be defended on the basis of libertarian principles grounded in individual liberty and respect for private property? There are many other costs associated with IP that rarely get attention in cost-benefit analyses of the topic. One has to do with the fact that the patenting process, as with government regulation generally, is an expensive and time-consuming undertaking that tends to increase industrial concentration.
A Libertarian Critique of Intellectual Property by Butler Shaffer