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In the twenty-first century, it has become easy to break IP law
accidentally. The challenges presented by orphan works, independent
invention or IP trolls are merely examples of a much more
fundamental problem: IP accidents. This book argues that IP law
ought to govern accidental infringement much like tort law governs
other types of accidents. In particular, the accidental infringer
ought to be liable in IP law only when their conduct was negligent.
The current strict liability approach to IP infringement was
appropriate in the nineteenth century, when IP accidents were far
less frequent. But in the Information Age, where accidents are
increasingly common, efficiency, equity, and fairness support the
reform of IP to a negligence regime. Patrick R. Goold provides the
most coherent explanation of how property and tort interact within
the field of IP, contributing to a clearer understanding of
property and tort law and private law generally.
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