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A comment on Leaked: What's in TPP’s intellectual property chapter. Parent comment

Re:Leaked: What's in TPP’s intellectual property chapter by tptacek on Thursday July 02, 2015 @09:55AM (#9818852)
Respectfully, I asked if you had an argument against IP that worked for those of us who do not believe that the whole concept of private property is flawed. I asked because you said "next question". Asking me to justify IP is not responsive to my question.

The only argument I see in here is that copying might not be on a par with fraud and slander. Frankly, I'm a lot more worried about criminalizing slander than I am about criminalizing copying. Slander law actually does clamp down on free speech. Copyright law just prevents free-riding.

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Re:Leaked: What's in TPP’s intellectual property chapter by rayiner on Thursday July 02, 2015 @10:33AM (#9819126)
> Frankly, I'm a lot more worried about criminalizing slander than I am about criminalizing copying. Slander law actually does clamp down on free speech. Copyright law just prevents free-riding.

Indeed, I think the area of IP with the most significant impact on free speech is the one that hardly gets talked about: trademark. Causes of action for dilution and tarnishment have major free speech implications. IMHO, 15 USC 1125 is unconstitutional to the extent it allows an action for tarnishment.

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