Libertarians
have long been divided on the subject of intellectual property such as patents
and copyright. Does natural law extend to intellectual property rights, just
like "real property" rights? Or is IP just another government-granted monopoly
that limits freedom?
The Progress Clause of the U.S. Constitution grants
Congress authority to "promote the Progress of Science and useful Arts, by
securing for limited Times to Authors and Inventors the exclusive Right to their
respective Writings and Discoveries." During the Constitutional Convention, this
provision was adopted by an overwhelming vote and with little debate. But IP was
much more limited at the nation's founding than it is today.
In fact,
copyright terms are now 580 percent longer than at the start of the 19th century
and patents are now granted for software, designs, and business methods that
don't look anything like the traditional definition of "inventions."
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