2 ms·
Creating IP i.e. artificial monopolies, prohibiting others to do/think/say/write things that conflict with your IP, requires an act of government, and the right
by PeterisP 5y ago
Creating IP i.e. artificial monopolies, prohibiting others to do/think/say/write things that conflict with your IP, requires an act of government, and the rights of government to make acts are strictly bounded by what the constitution allows. (unlike the general principle for private rights 'everything that is not explicitly prohibited is permitted'; for government actions it's the opposite 'everything that is not explicitly permitted is prohibited', there needs to be a legal basis for every government act).
The thing that permits US Congress to implement laws regarding intellectual property is the US constitution section 8 clause 8 "The Congress shall have Power To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries" which enables exactly what it says and nothing more - i.e. congress is not permitted to grant any intellectual property permissions without a time limitation (because the clause only permits them to do that for limited times), and any laws protecting intellectual property must - at least technically - do that for the purpose of promoting the progress of science and useful arts; otherwise that law or parts of the law would be unconstitutional and the protections/rights/penalties described in that law would be invalid.