00000nam a22000008i 4500 UP-1686042739785036060 Buklod 20241203162657.0 m |o d | cr ||||||||||| 241120s2021 nyu u eng 9780197614419 (eBook) 9780197614433 (eBook) 9780197614402 (eBook) 9780197614426 (eBook) 22100536 DLC DLAW rda eng 346.7304/8 23 KF 2979 S658 2021eb Snow, Ned author. Intellectual property and immorality against protecting harmful creations of the mind Ned Snow. Electronic resources. 111 New York, NY Oxford University Press 2021. 1 online resource (xvi, 337 pages) 24 cm text txt rdacontent computer rdamedia online resource nc rdacarrier Includes bibliographical references and index. Introduction -- Moral limitations in IP theory -- Arguments against denying protection -- The problem of judicial moral discretion -- Works involving unlawful conduct -- Judicial history on unlawful works -- The progress provision as a limitation -- Progress, science, and useful arts -- Legislating morality -- Free speech -- Tying it all together. This book argues that certain intellectual creations should not receive copyright or patent protection because they are harmful to society. It posits that the theories of intellectual property and the Intellectual Property Clause of the U.S. Constitution suggest this conclusion. The book responds to counterarguments: namely, that denying protection might increase the output of objectionable works, that other laws should address the moral problems; and that intellectual property functions better under a laissez-faire approach. After responding to these arguments, the book considers the roles of government actors in denying protection. It argues that courts should exercise their powers of equity to deny relief for works that are connected to unlawful acts of the rights-holder, and that courts should exercise their constitutional powers to deny protection for specific categories of harmful expressions and inventions. Next, the book considers whether Congress has constitutional authority to deny protection for works that it considers to be immoral. In concluding that Congress does have such authority, the book sets forth specific criteria that Congress should apply in exercising its moral discretion. Finally, the book considers whether denying intellectual property protection on moral grounds would violate the Free Speech Clause of the First Amendment. It concludes that principles of free speech afford Congress considerable discretion to deny patent protection but only narrow discretion to deny copyright protection. It also concludes that the Free Speech Clause is consistent with judicial denial of protection for the limited categories of works that fall outside the Intellectual Property Clause"-- Provided by publisher. Freedom of expression Electronic books United States. Intellectual property Moral and ethical aspects United States. Snow, Ned. Online version New York, NY : Oxford University Press, 2021 Intellectual property and immorality (DLC) 2021031261 9780197614419. click here to access https://doi.org/10.1093/oso/9780197614402.001.0001 Available to all UP Students University of the Philippines, College of Law FO UPD DLAW KF 2979 S658 2021 Electronic Resource