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

    Intellectual Property and Immorality by Snow, Ned;

    Against Protecting Harmful Creations of the Mind

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      • Publisher's listprice GBP 93.00
      • The price is estimated because at the time of ordering we do not know what conversion rates will apply to HUF / product currency when the book arrives. In case HUF is weaker, the price increases slightly, in case HUF is stronger, the price goes lower slightly.

        47 067 Ft (44 826 Ft + 5% VAT)
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    47 067 Ft

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    Estimated delivery time: In stock at the publisher, but not at Prospero's office. Delivery time approx. 3-5 weeks.
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    Product details:

    • Publisher OUP USA
    • Date of Publication 25 May 2022

    • ISBN 9780197614402
    • Binding Hardback
    • No. of pages360 pages
    • Size 165x249x35 mm
    • Weight 726 g
    • Language English
    • 627

    Categories

    Short description:

    Should a machine that emits harmful levels of pollution receive patent protection? Should pornography receive copyright protection? These seemingly simple questions raise a host of issues in intellectual property law. This book explores the issues and considers whether the theories that underlie intellectual property law suggest that morality may be reason to deny protection. It entertains counterarguments about whether such denials would even be an effective means of addressing social problems. It interprets the Constitution to understand whether the Intellectual Property Clause suggests denying protection. It reviews judicial doctrines that seem to provide courts discretionary authority.

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    Long 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.

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    Table of Contents:

    Detailed Table of Contents
    Preface
    Chapter 1: Introduction
    Chapter 2: Moral Limitations in IP Theory
    Chapter 3: Arguments Against Denying Protection
    Chapter 4: The Problem of Judicial Moral Discretion
    Chapter 5: Works Involving Unlawful Conduct
    Chapter 6: Judicial History on Unlawful Works
    Chapter 7: The Progress Provision as a Limitation
    Chapter 8: Progress, Science, and useful Arts
    Chapter 9: Legislating Morality
    Chapter 10: Free Speech
    Chapter 11: Tying It All Together
    Bibliography
    Table of Cases
    Index

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