Intellectual Property and Immorality (Hardcover)

Language: English

Published by Oxford University Press Inc, New York, 2022

019761440X / 9780197614402

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Hardcover. Should a machine that emits harmful levels of pollution receive patent protection? Should pornography receive copyright protection? This book argues that certain intellectual creations should not receive patent or copyright protection on the grounds that those works are harmful to society. The book posits that the theories of intellectual property and the Intellectual Property Clause of the U.S. Constitution suggest this conclusion. It also considers severalcounterarguments: in particular, that denying protection might increase the output of objectionable works, that other laws should address moral problems, and that intellectual property functions better undera laissez-faire approach. Despite these counterarguments, the book contends that law should never encourage or reward harmful behavior. This simple principle implies that courts should exercise their equitable powers to deny enforcement of intellectual property for works involving unlawful conduct. It implies that courts should deny protection for works that clearly fall outside the Intellectual Property Clause's scope of protectable works. And it implies that Congress should consider denyingprotection for works that pose clear harms to society. The book also addresses the intersection between denying intellectual property protection and maintaining free speech protection. In that regard,the book recognizes that the Free Speech Clause severely limits Congress's discretionary authority to deny copyright protection for expression that it deems immoral. The book concludes that courts, Congress, and government agencies should exercise limited discretion in deciding whether certain intellectual works are morally eligible for intellectual property protection. Shipping may be from multiple locations in the US or from the UK, depending on stock availability.…

Seller Inventory # 9780197614402

Title
Intellectual Property and Immorality (Hardcover)
Author
Ned Snow
Publisher
Oxford University Press Inc, New York
Publication year
2022
Condition
new
Binding
Hardcover
Language
English
ISBN 10
019761440X
ISBN 13
9780197614402

Grand Eagle Retail

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