Balganesh on Epstein on Common Law Intellectual Property

Shyamkrishna Balganesh (University of Pennsylvania Law School) has posted The Genius of Common Law Intellectual Property (Journal of Legal Studies, Vol. 48, 2019, Forthcoming) on SSRN.  Here is the abstract: Among Richard Epstein’s influential contributions to legal scholarship over the years is his writing on common law intellectual property. In it, we see Epstein’s attempt to meld the innate logic of the common law’s conceptual structure with the realities of the modern information economy. Common law intellectual property refers to different judge made causes of action that create forms of exclusive rights and privileges in intangibles, interference's with which are then rendered enforceable through private liability. In this Essay, I examine Epstein’s writing on two such doctrines: “hot news misappropriation” and “cyber-trespass”, which embraces several important ideas that modern discussions of intellectual property…

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