George Mason University Antonin Scalia Law School

IP as a Source of Personal and Economic Freedom

CPIP’s Mark Schultz authored an excellent essay today in TechPolicyDaily.com advocating intellectual property as a source of personal and economic freedom.  The essay, “A Free Market Perspective on Intellectual Property Rights,” describes parallels between physical property and intellectual property and dispels several denigrating myths about intellectual property’s role in a free market.   Read more

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.  Read more

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.  Read more