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"Property Outlaws" puts forth the intriguingly counterintuitive
proposition that, in the case of both tangible and intellectual
property law, disobedience can often lead to an improvement in
legal regulation. The authors argue that in property law there is a
tension between the competing demands of stability and dynamism,
but its tendency is to become static and fall out of step with the
needs of society. The authors employ wide-ranging examples of the
behaviors of "property outlaws"--the trespasser, squatter, pirate,
or file-sharer--to show how specific behaviors have induced legal
innovation. They also delineate the similarities between the
actions of property outlaws in the spheres of tangible and
intellectual property. An important conclusion of the book is that
a dynamic between the activities of "property outlaws" and legal
innovation should be cultivated in order to maintain this avenue of
legal reform.
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