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

Minnesota Law Review Headnotes, Vol. 94, p. 85, 2010

Wayne State University Law School Research Paper No. 10-06

11 Pages Posted: 19 May 2010 Last revised: 9 Jan 2015

Aaron Perzanowski

Case Western Reserve University School of Law

Date Written: May 19, 2010

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.

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: https://ssrn.com/abstract=1611686

Aaron Perzanowski (Contact Author)

Case Western Reserve University School of Law ( email )

11075 East Boulevard
Cleveland, OH 44106-7148
United States

HOME PAGE: http://www.theendofownership.com

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