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Article Excerpt
At this point, I am at a loss to know how to reply to Peter Menell ("Intellectual Property and the Law of Land," Winter 2007-2008), who introduced a dens ex machina to salvage his inaccurate summarization of my published work.
His initial broadside ("Intellectual Property and the Property Rights Movement," Fall 2007) drew no distinction, express or implied, between my 2001 Harris lecture that appeared in the Indiana Law Review and my 2006 speech to the Progress & Freedom Foundation, later published as the paper "The Structural Unity of Real and Intellectual Property," that is now said to contain "my more strident position" on intellectual property. It is worth noting that he quotes not a single sentence from either paper to mark my supposed shift, which in fact never took place.
Compare two excerpts from the two papers and ask which comes from which:
Excerpt 1:
I begin with a...
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