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Draft Of Desert Theory - 1985, Wendy J. Gordon
Draft Of Desert Theory - 1985, Wendy J. Gordon
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The first condition of Lockean theory is that property applies only to labor which appropriates something out of the common. Similarly, possession theory in American law applies only to appropriations of things which are unclaimed. While an intellectual product might seem to be drawn out of the ether, it can in fact be a difficult question whether its producers have drawn on more than commonly-owned resources.
Becker And The Exploitation/Competition Requirement - 1985, Wendy J. Gordon
Becker And The Exploitation/Competition Requirement - 1985, Wendy J. Gordon
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One common justification of intellectual property rights seems to rest with an appreciation of the creator's labors. Since he has exerted effort, and created something of value, he seems to deserve something for his pains. A claim of ownership over the thing created is sometimes considered a fitting reward.