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54 Duke L.J. 1 (2004-2005)
Cabining Intellectual Property through a Property Paradigm

handle is hein.journals/duklr54 and id is 15 raw text is: Duke Law Journal VOLUME 54 OCTOBER 2004 NUMBER 1 CABINING INTELLECTUAL PROPERTY THROUGH A PROPERTY PARADIGM MICHAEL A. CARRIERt ABSTRACT One of the most revolutionary legal changes in the past generation has been the propertization of intellectual property (IP). The duration and scope of rights expand without limit, and courts and companies treat IP as absolute property, bereft of any restraints. But astonishingly, scholars have not yet recognized that propertization also can lead to the narrowing of IP. In contrast to much of the literature, which criticizes the propertization of IP, this Article takes it as a given. For the transformation is irreversible, sinking its tentacles further into public and corporate consciousness (as well as the IP laws) with each passing day and precluding the likelihood that IP will return to the prepropertization era. This Article therefore Copyright © 2004 by Michael A. Carrier. t Associate Professor, Rutgers University School of Law-Camden. I would like to thank Bob Brauneis, Stacey Dogan, Jay Feinman, Shubha Ghosh, Ellen Goodman, Greg Lastowka, Joe Liu, Rob Merges, Adam Mossoff, Craig Nard, Dennis Patterson, Mark Patterson, Arti Rai, Carol Rose, Henry Smith, Lloyd Weinreb, Diane Zimmerman; participants in the Fourth Annual Intellectual Property Scholars Conference held at DePaul University College of Law, the IP Workshop Series at George Washington University Law School, the First Annual Intellectual Property and Communications Law and Policy Scholars Roundtable held at Michigan State University College of Law, the Rutgers-Camden faculty and junior faculty workshops, and the Villanova Law School speaker series; and especially Kara Moorcroft and the editors of the Duke Law Journal for very helpful comments on drafts of this Article. I would also like to thank Dean Ray Solomon for support, Fran Brigandi for administrative assistance, and Heather Baker, Gabriella Ferri, Jeanine Graham, and Jacek Wypych for excellent research assistance. Finally, I would like to thank my daughter, Jordan Carrier, for demonstrating more patience and industriousness than anyone is reasonably entitled to expect from a nine-month old.

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