IP rights have developed in the same way as property rights in land with both legislatures and courts creating, repealing, and extending doctrines in an important institutional and doctrinal evolution of these property rights securing technological innovation and creative works.
The Constitution limits the powers of the Federal government. However, even a perfect document cannot stand up to philosophical evasion and corruption. Without the proper moral base, the principles of the Constitution could not be defended, much less kept alive. To...
From forcing Americans into the enslavement of the medical profession, which is being accomplished by the man who defeated her and conferred her current diplomatic status, to leading what may be the worst foreign policy in American history, with major progression toward nuclear weapons by our arch-enemies, Hillary Clinton, despite her facade of competence, is a failure and a fraud in every respect.
On the anniversary of Roe v. Wade 40 years ago, there is still no one defending the right to abortion in fundamental terms, which is why the pro-abortion rights forces are on the defensive. Abortion rights advocates should not cede the terms “pro-life” and “right to life” to the anti-abortionists.
Why are the political and intellectual leaders—people who are socialist or beyond—so interested in this issue? We’re talking not about the guy next door who voted Democratic but about the Tooheys.
Psychiatrist Sarah Thompson, M.D., offers some fascinating insight into the rage people who support gun control often display in the face of opposition: It’s obvious that we live in a dangerous society, where criminals attack innocent people. Just about everyone has...
The arguments for gun control or gun confiscation basically boil down to this: "If guns were illegal, they would not be available. If they weren't available, people like that crazy killer in Connecticut would not be able to use them." This assumes that a crazy...
This oft-made contrast by libertarians between so-called “common law property in land” versus “statutory IP” is a myth that has no basis in the reality of how common law property rights in land evolved in England and then in the United States of America.
The advocates of “states’ rights” have long pushed the idea of nullification–the doctrine that a state can declare a federal law null and void within that state. (Sadly, even Thomas Jefferson endorsed the idea.) More recently, many conservatives and Libertarians have...
Weakening intellectual property laws due to negative policy rhetoric, hyperbolic internet commentary, and even extensive lobbying by firms who choose to infringe patents because they don’t want to pay the licenses offered to them by patent licensing firms is irresponsible.
The real problem with this “broken reporting” by Mr. Bilton and his ilk is that it is feeding a growing anti-patent frenzy among commentators, academics, and the public, who seem to think that your smart phones, tablets and other technological marvels just don’t exist because of a so-called “broken patent system” that has stymied software and other high-tech innovation at every turn.
The claim that there is a “patent litigation explosion” is a myth, but there’s a related patent litigation myth that has proven cantankerously resilient in the patent policy debates — there’s an “explosion” of patent-owners racing to the International Trade Commission (ITC) who are obtaining exclusion orders against infringers.
It is intolerable that their people be made to suffer the effects of disastrous legislation piled on top of a natural disaster and thereby needlessly enlarging and extending the effects of the natural disaster.
Every day, millions of Americans dispense advice to friends, relatives, and complete strangers through blogs, websites, and a variety of online publications. And each time they do so, many of these Americans could be risking substantial fines and perhaps even...
Individuals from across the political spectrum denounce cronyism. Politicians as diverse as Sarah Palin and Barack Obama have decried businessmen who use government favors for economic gain. Groups with diametrically opposing views, such as the Tea Parties and Occupy...
The stated purpose of zoning is to control land use within a community to prevent “incompatible” land uses and to promote planning. Most Americans accept zoning as a “necessary evil” that prevents pawn shops and factories from operating in residential neighborhoods....
I am not a prophet, seer, or tarot card reader. I do not possess any kind of psychic ability. But I can predict the future, for I possess the power of principles. Principles allow us to project the consequences of our actions, and predict the actions of others. About...
In February, Indiana became the twenty-third state, and the first in the “Rust Belt,” to enact a “right to work” law. The Indiana law states: A person may not require an individual to: (1) become or remain a member of a labor organization; (2) pay dues, fees,...
If licensing is not protecting consumers, why do many professions require a license?
The recent New York Times article on the high-tech industry argues that software patents and the current “smart phone war” are a disaster for innovation, and it backs this with quotes and cites from a horde of academics and judges, like Judge Richard Posner, that...
The New York Times set hearts aflutter in the IP world yesterday with its hit piece on patents in the high-tech industry.
The historical patent litigation rates are significant because they also include the same “patent wars” that we are experiencing with the “smart phone war.”
It’s time to bring objectivity and a historical-based perspective to public policy discussions about software patents and the role of property rights in innovation.
Most people accept building codes as a necessary government intervention. One Website states: Codes provide minimum standards for building construction in order to safeguard the public’s safety, health, and welfare. Another Website states: If we searched we could find...
Read by students, professors, and citizens, Capitalism Magazine provides over 9,000 free to read articles and essays from pro-reason, individual rights perspective.
No spam. Unsubscribe anytime.