Abstract

http://ssrn.com/abstract=1611686
 
 

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In Defense of Intellectual Property Anxiety: A Response to Professor Fagundes


Aaron Perzanowski


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

Abstract:     
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.

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Date posted: May 19, 2010 ; Last revised: October 16, 2010

Suggested Citation

Perzanowski, Aaron, In Defense of Intellectual Property Anxiety: A Response to Professor Fagundes (May 19, 2010). Minnesota Law Review Headnotes, Vol. 94, p. 85, 2010; Wayne State University Law School Research Paper No. 10-06. Available at SSRN: http://ssrn.com/abstract=1611686

Contact Information

Aaron Perzanowski (Contact Author)
Case Western Reserve University School of Law ( email )
11075 East Boulevard
Cleveland, OH 44106-7148
United States

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