Comment Intellectual Property is not Real Property (Score 1) 510
Patents are under the designation for intellectual property, which is not the same thing as real property. The Fifth Amendment's taking clause (requiring compensation for the taking of real property) does not apply to patents. Note, patents are promulgated by Congress under Article 1, Section 8, Clause 8 of the Constitution.
As much as the RIAA would like you to think that intellectual property rights (like copyright) are absolute property rights, they aren't. See Prof. Mark Lemley's paper [ssrn.com] on this topic.
As much as the RIAA would like you to think that intellectual property rights (like copyright) are absolute property rights, they aren't. See Prof. Mark Lemley's paper [ssrn.com] on this topic.
