JOURNAL ARTICLE
A Brief Reply to Commentators on Intellectual Property and Immorality.
Published In: Jerusalem Review of Legal Studies, 2023, v. 28, n. 1. P. 158 1 of 3
Database: Legal Source 2 of 3
Authored By: Snow, Ned 3 of 3
Abstract
This article provides a response to commentators' views on the morality of intellectual property. The author engages with various arguments and criticisms, including the propagation argument, which suggests using intellectual property to limit undesirable works. They discuss concerns about rewarding harmful behavior and the potential use of intellectual property as a regulatory tool. The author also addresses the application of Locke's theory to their arguments, disagreeing with the interpretation that intellectual property rights should only reward good behavior. They agree with the consideration of moral values in regulating intellectual property and support denying protection for immoral inventions and certain modes of expression in trademarks. However, they disagree with denying copyright protection for fake news, as it may have a negative impact on legitimate news. The author also argues for denying copyright protection for pornography due to its harmful effects on society and lack of intellectual value. They suggest applying the equitable doctrine of unclean hands to deny copyright protection for illegally created graffiti. The author acknowledges practical concerns but believes judges can consider the public interest and provide well-reasoned opinions. [Extracted from the article]
Additional Information
- Source:Jerusalem Review of Legal Studies. 2023/12, Vol. 28, Issue 1, p158
- Document Type:Article
- Subject Area:History
- Publication Date:2023
- ISSN:22197125
- DOI:10.1093/jrls/jlad020
- Accession Number:174183883
- Copyright Statement:Copyright of Jerusalem Review of Legal Studies is the property of Oxford University Press / USA and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
Looking to go deeper into this topic? Look for more articles on EBSCOhost.