Abstract

http://ssrn.com/abstract=2485206
 


 



Intellectual Property Infringement as Vandalism


Irina D. Manta


Hofstra University - Maurice A. Deane School of Law

Robert E. Wagner


City University of New York (CUNY) Baruch College Zicklin School of Business Department of Law

August 22, 2014

Stanford Technology Law Review, Forthcoming
Hofstra Univ. Legal Studies Research Paper No. 2014-21

Abstract:     
Defenders of strong intellectual property rights often maintain that intellectual property infringement is theft, and that the sanctions associated with it ought to be high. Others are skeptical of the property comparison and think that much lower sanctions are appropriate. We argue that a careful analysis demonstrates: 1) that intellectual property infringement can be analogized to a property crime, but 2) that the more analogous crime is vandalism or trespass rather than theft. This categorization takes the rhetorical punch out of the property comparison.

In addition to analyzing the natures of the various offenses, this Essay investigates the sanction regimes for different property violations and finds that not only are maximum statutory sanctions generally higher for intellectual property infringement than for vandalism and trespass, they are usually also higher than for theft. Bringing intellectual property infringement in line with property offenses, therefore, would actually surprisingly result in a lowering of sanctions.

Number of Pages in PDF File: 38

Keywords: intellectual property, infringement, property, theft, vandalism, trespass, copyright, criminal law, illegal downloading, file sharing, propertization of IP, criminal sanctions in IP

JEL Classification: K11, K14, O34

Accepted Paper Series





Download This Paper

Date posted: August 24, 2014 ; Last revised: December 17, 2014

Suggested Citation

Manta, Irina D. and Wagner, Robert E., Intellectual Property Infringement as Vandalism (August 22, 2014). Stanford Technology Law Review, Forthcoming; Hofstra Univ. Legal Studies Research Paper No. 2014-21. Available at SSRN: http://ssrn.com/abstract=2485206 or http://dx.doi.org/10.2139/ssrn.2485206

Contact Information

Irina D. Manta (Contact Author)
Hofstra University - Maurice A. Deane School of Law ( email )
121 Hofstra University
Hempstead, NY 11549
United States

Hofstra University Logo

Robert E. Wagner
City University of New York (CUNY) Baruch College Zicklin School of Business Department of Law ( email )
New York, NY
United States
Feedback to SSRN


Paper statistics
Abstract Views: 3,151
Downloads: 239
Download Rank: 76,001
Paper comments
No comments have been made on this paper

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.266 seconds