"Property Outlaws puts forth the intriguingly counterintuitive proposition that, in the case of both tangible and intellectual property law, disobedience can often lead to an improvement in legal regulation. The authors argue that in property law there is a tension between the competing demands of stability and dynamism, but its tendency is to become static and fall out of step with the needs of society." "The authors employ wide-ranging examples of the behaviors of "property outlaws"--The trespasser, squatter, pirate, or file-sharer -- to show how specific behaviors have induced legal innovation. They also delineate the similarities between the actions of property outlaws in the spheres of tangible and intellectual property. An important conclusion of the book is that a dynamic between the activities of "property outlaws" and legal innovation should be cultivated in order to maintain this avenue of legal reform."--Jacket

Peñalver, Eduardo Moisés, 1973-; Katyal, Sonia K., 1972-

Eduardo Moises Penalver, Sonia K. Katyal

Penalver, Eduardo M., Katyal, Sonia

Eduardo Moisés Peñalver

San Francisco Museum of Modern Art

Brandywine River Museum

Mariners' Museum, The

United States, United States of America

New Haven, Connecticut, 2010

New Haven, Conn, cop. 2010

Includes bibliographical references and index.

<p><p><p><i>property Outlaws</i> Puts Forth The Intriguingly Counterintuitive Proposition That, In The Case Of Both Tangible And Intellectual Property Law, Disobedience Can Often Lead To An Improvement In Legal Regulation. The Authors Argue That In Property Law There Is A Tension Between The Competing Demands Of Stability And Dynamism, But Its Tendency Is To Become Static And Fall Out Of Step With The Needs Of Society.<p>&#160;<p>the Authors Employ Wide-ranging Examples Of The Behaviors Of &#147;property Outlaws&#8221;&#151;the Trespasser, Squatter, Pirate, Or File-sharer&#151;to Show How Specific Behaviors Have Induced Legal Innovation. They Also Delineate The Similarities Between The Actions Of Property Outlaws In The Spheres Of Tangible And Intellectual Property. An Important Conclusion Of The Book Is That A Dynamic Between The Activities Of &#147;property Outlaws&#8221; And Legal Innovation Should Be Cultivated In Order To Maintain This Avenue Of Legal Reform.<p><p></p>

x, 294 p. ; 24 cm
Includes bibliographical references (p. 241-284) and index
Why property outlaws? -- Property and intellectual property -- Acquisitive outlaws : the pioneers -- Expressive outlaws : civil rights sit-ins -- Property outlaws and property altlaws -- Acquisitive altlaws : the treatment action campaign, patents, and public health -- Expressive altlaws : copyright and the new liberation of information -- Two perspectives on property outlaws -- Responding to property outlaws -- The informational value of intellectual property disobedience -- Responding to acquisitive altlaws -- Responding to expressive altlaws

Puts forth the proposition that, in the case of tangible and intellectual property law, disobedience can lead to an improvement in legal regulation. This book argues that in property law there is a tension between the competing demands of stability and dynamism, but its tendency is to become static and fall out of step with the needs of society.

2023-06-28