In this talk, law professor Adam Mossoff explains Ayn Rand’s radical justification for intellectual property rights: that all property is — at root — intellectual.
Adam Mossoff traces the rise and fall of property rights in America.
There are widespread complaints today that the “patent system is broken” and that the “smartphone wars” and “patent trolls” are killing innovation. Yet patented innovation has revolutionized our lives today—tablet computers, smartphones and antiviral drugs are just a few of these modern marvels. How to make sense of this contradiction?
An open letter sent to Congress about the Venue Act, which is another attempt to deny the rights of inventors.
In plain English, here’s the deal that Tesla is offering to manufacturers and users of its electrical car technology: in exchange for using Tesla’s patents, the users of Tesla’s patents cannot file patent infringement lawsuits against Tesla if Tesla uses their other patents.
With the future of innovation at stake, it is not crazy to ask that before we make radical, systemic changes to the patent system that we have validly established empirical evidence that such revisions are in fact necessary or at least would do more good than harm.
There certainly are bad actors, deceptive demand letters, and frivolous litigation in the patent system. The important question, though, is whether there is a systemic problem requiring further systemic revisions to the patent system.
This basic economic fact—dynamic development of innovative distribution mechanisms require substantial investment in both people and resources—is what makes commercialization an essential feature of both copyright policy and law (and of all intellectual property doctrines).
IP rights have developed in the same way as property rights in land with both legislatures and courts creating, repealing, and extending doctrines in an important institutional and doctrinal evolution of these property rights securing technological innovation and creative works.
This oft-made contrast by libertarians between so-called “common law property in land” versus “statutory IP” is a myth that has no basis in the reality of how common law property rights in land evolved in England and then in the United States of America.