Property Outlaws: How Squatters, Pirates, and Protesters Improve the Law of Ownership

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Yale University Press, Feb 16, 2010 - Law - 288 pages
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Property Outlaws puts forth the intriguingly counterintuitive proposition that, in the case of both tangible and intellectual property law, disobedience can often lead to an improvement in legal regulation. The authors argue that in property law there is a tension between the competing demands of stability and dynamism, but its tendency is to become static and fall out of step with the needs of society.

 

The authors employ wide-ranging examples of the behaviors of “property outlaws”—the trespasser, squatter, pirate, or file-sharer—to show how specific behaviors have induced legal innovation. They also delineate the similarities between the actions of property outlaws in the spheres of tangible and intellectual property. An important conclusion of the book is that a dynamic between the activities of “property outlaws” and legal innovation should be cultivated in order to maintain this avenue of legal reform.

 

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Contents

PREFACE
INTRODUCTION
1WHY PROPERTY OUTLAWS?
2PROPERTY AND INTELLECTUAL PROPERTY
THE PIONEERS
CIVIL RIGHTS SITINS
5PROPERTY OUTLAWS AND PROPERTY ALTLAWS
THE TREATMENT ACTION CAMPAIGN PATENTS AND PUBLIC HEALTH
8TWO PERSPECTIVES ON PROPERTY OUTLAWS
9RESPONDING TO PROPERTY OUTLAWS
10THE INFORMATIONAL VALUE OF INTELLECTUAL PROPERTY DISOBEDIENCE
11RESPONDING TO ACQUISITIVE ALTLAWS
12RESPONDING TO EXPRESSIVE ALTLAWS
CONCLUSION
NOTES
INDEX

COPYRIGHT AND THE NEW LIBERATION OF INFORMATION

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