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uhhhh congress can do that if it wanted it can recognize any forms of property including IP the stuff about copyrights and patents isn’t mentioned in the cons
by yieldcrv 3y ago
uhhhh congress can do that if it wanted
it can recognize any forms of property including IP
the stuff about copyrights and patents isn’t mentioned in the constitution, those are forms of IP Congress passed as instructed by the article of the constitution to promote arts and science by granting temporary monopolies
- aidenn0 3y agoNot quite true; it is constrained by the constitution's use of the term "Writings and Discoveries" which is why copyright requires the work to be in a "fixed form"
- yieldcrv 3y agoyes, just for the temporary monopolies thing. but outside of that article it can recognize any kind of asset for at least regulation
- Animats 3y agoSigh. Yes, it is mentioned in the US Constitution. U.S. Constitution, Article I, section 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; That's where copyrights and patents come from. It's an enumerated power, and Congress is limited to what's written there. Congress can't create entirely new kinds of intellectual property. See Feist vs. Rural Telephone.
- yieldcrv 3y agoyeah we’re quoting the same article. we agree on that. and new kinds of IP for a temporary monopoly is not the argument. That article is only about temporary monopolies. outside of that, congress can recognize and regulate any aspect of interstate commerce, including the trade of assets it didnt previously know about or recognize. which is a different enumerated power.