In Defense of Intellectual Property Anxiety: A Response to Professor Fagundes
Case Western Reserve University School of Law
May 19, 2010
Minnesota Law Review Headnotes, Vol. 94, p. 85, 2010
Wayne State University Law School Research Paper No. 10-06
In this Response to Professor Fagundes’s "Property Rhetoric and the Public Domain," Professor Perzanowski expresses skepticism about two assumptions underlying the argument for embracing property rhetoric to promote the public domain. This argument assumes, first, public recognition of social discourse theory as an account of property and, second, rhetorical advantages of social discourse theory that are comparable to those of more familiar notions of private property. Perzanowski concludes that the simple intuitive appeal of Blackstonian property cautions against styling the struggle for balanced copyright and patent policy as a debate over competing property interests.
Number of Pages in PDF File: 11Accepted Paper Series
Date posted: May 19, 2010 ; Last revised: October 16, 2010
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