David Opderbeck, ‘Lex Machina Non Est: A Response to Mark Lemley’s “Faith-Based Intellectual Property”’

Abstract:
This essay responds to Mark Lemley’s controversial article Faith-Based Intellectual Property. The essay argues that intellectual property requires a far richer concept of human cultural flourishing than positivism and utilitarianism can provide. It argues that Lemley’s understanding of the ‘laws of nature’ and of the relationship between science and religion are based in perspectives that have long been rejected by mainstream scholarship. Finally, the essay offers insights from the creation narratives and the Tower of Babel story in the Hebrew Scriptures to suggest that Lemley’s vision ultimately requires technocratic social control: an ancient and enduring threat to authentic human creative endeavor.

Opderbeck, David W, Lex Machina Non Est: A Response to Mark Lemley’s ‘Faith-Based Intellectual Property’ (August 18, 2017). Seton Hall University School of Law, Legal Studies Research Paper Series, 2017.

First posted 2017-08-23 06:19:15

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