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.
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.