Intellectual Property Law: It’s a bad virus with no inoculations and no vaccines.
It is very difficult to think of Intellectual Property Scholarship that is not fundamentally anchored in assumptions that have not been tested, that are not enclosed by presumptions that are uniquely historical, and have failed to yield to even the most acerbic, intellectual, incisive, debilitating critique. The system is remarkably resilient and the question is why.
It’s a bad virus with no inoculations and no vaccines.
An interesting supplemental question is *why* laws are passed by governments which violate natural law. The answer is that this is government’s real purpose and its stock in trade – to violate natural law to benefit those who control the government. Government itself is lawless.The time and energy which governments spend attempting to enforce true property rights – for example catching burglars – represents only a relatively tiny amount of their activity. Government spends vastly more effort trying to violate the law – for example with foreign wars, welfare spending, the war on drugs, enforcing intellectual property laws, and so on. It is vital for propaganda reasons for governments to spend a slight amount of effort on enforcing natural law, but they expend only enough effort as required to achieve the desired propaganda effect and only when it does not interfere with government’s main rackets.
The reason that the government spends so much time violating the law and so little time enforcing the law is that there is very little money to be made in enforcing natural law. Everyone recognizes natural law and therefore everyone mostly obeys it and transgressions by private individuals are relatively rare. But to create entire new fields of unnatural law is tremendously lucrative.
There are an infinite number of ways to create absurd new categories of non-existent property and then appoint one’s self and one’s cronies to either own it or enforce it. Pointing out the absurdity of unnatural laws such as intellectual property is a useful activity, but the herd of velociraptors in the room is the gang of goons who are constantly egging people on to pioneer non-property rights so that they can give themselves the job of beating up and shaking down everyone who violates those non-rights.