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2013

Law and Economics

Series

University of Colorado Law School

Intellectual property

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Full-Text Articles in Law

Technological Cost As Law In Intellectual Property, Harry Surden Jan 2013

Technological Cost As Law In Intellectual Property, Harry Surden

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Changes in the scope of IP legal rights are generally thought to be linked to changes in positive law. This Article argues that shifts in the scope of IP laws are often driven by changes in technological feasibility and not by changes in positive law. Diminishing technological constraint is an under-acknowledged factor driving changes in substantive IP law.

More specifically, there are certain activities that are core to IP law. Such activities include, for example, the copying of creative works in copyright (e.g. duplicating books or music), or the manufacturing of products in patent law. Traditionally, IP legal theory has …