2026-09-28 19:23 UTC
Start with "deceptively imprecise." "IP" covers a lot of legal ground, from the "big three" of copyright, trademark and patent, to a whole arcane bestiary: anticircumvention, noncompete, trade secrecy, nondisparagement, database and publicity rights, and more. Each of these has a radically different policy basis and radically different contours.
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@pluralistic@mamot.fr 2026-09-28 19:23
Take copyright and trademark. Copyright is designed to allow companies (and the creators they hire or contract with) to commercially exploit creative works. In the US, copyright is a creature of the Constitution, Article 1, Section 8, Clause 8: https://constitution.congress.gov/browse/essay/artI-S8-C8-3-2/ALDE_00013064/ 3/