Cabining intellectual property through a property paradigm.
Duke Law Journal, October, 2004 by Carrier, Michael A.
ABSTRACT
One of the most revolutionary legal changes in the past generation has been the "propertization" of intellectual property (IP). The duration and scope of rights expand without limit, and courts and companies treat IP as absolute property, bereft of any restraints. But astonishingly, scholars have not yet recognized that propertization also can lead to the narrowing of IP. In contrast to much of the literature, which criticizes the propertization of IP, this Article takes it as a given. For the transformation is irreversible, sinking its tentacles further into public and corporate consciousness (as well as the IP laws) with each passing day and precluding the likelihood that IP will return to the prepropertization era. This Article therefore ventures...
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