Intellectual Property and Immorality: Against Protecting Harmful Creations of the Mind - Image 1

£94.87

Oxford University Press Intellectual Property and Immorality: Against Protecting Harmful Creations of the Mind

Name: Intellectual Property and Immorality: Against Protecting Harmful Creations of the Mind
Brand: Oxford University Press
Price: 94.87 GBP
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Science

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£95 today · all-time low £93 (Mar 2026) · usually £95

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Description

Should a machine that emits harmful levels of pollution receive patent protection? Should pornography receive copyright protection? This book argues that certain intellectual creations should not receive patent or copyright protection on the grounds that those works are harmful to society. The book posits that the theories of intellectual property and the Intellectual Property Clause of the U.S. Constitution suggest this conclusion. It also considers several counterarguments: in particular, that denying protection might increase the output of objectionable works, that other laws should address moral problems, and that intellectual property functions better under a laissez-faire approach. Despite these counterarguments, the book contends that law should never encourage or reward harmful behavior. This simple principle implies that courts should exercise their equitable powers to deny enforcement of intellectual property for works involving unlawful conduct. It implies that courts should deny protection for works that clearly fall outside the Intellectual Property Clause's scope of protectable works. And it implies that Congress should consider denying protection for works that pose clear harms to society. The book also addresses the intersection between denying intellectual property protection and maintaining free speech protection. In that regard, the book recognizes that the Free Speech Clause severely limits Congress's discretionary authority to deny copyright protection for expression that it deems immoral. The book concludes that courts, Congress, and government agencies should exercise limited discretion in deciding whether certain intellectual works are morally eligible for intellectual property protection.

Product Specifications

Brand: Oxford University Press
Format: hardcover
ASIN: 019761440X
Category: Books > Subjects > Biography > Professionals & Academics > Science
Domain: Amazon UK
Release Date: 25 May 2022
Listed Since: 13 August 2021

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Oxford University Press Intellectual Property and Immorality: Against Protecting Harmful Creations of the Mind

About as cheap as it gets. The only time it was cheaper was 3 months ago.

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