Adam Mossoff & Yaron Discuss Property Rights, Patents, Law & the Constitution | Yaron Interviews
Channel: Yaron Brook
Date: 2023-01-12

Adam Mossoff is Professor of Law at Antonin Scalia Law School, George Mason University. He has published extensively on intellectual property rights and innovation policy. His scholarship has been relied on by the U.S. Supreme Court, by other federal courts, and by federal agencies, and he has been invited five times to testify before the U.S. Senate and the House of Representatives on intellectual property legislation. He has been invited to speak at the the U.S. Patent & Trademark Office, the National Academy of Sciences, the U.S. Department of Justice, and the Smithsonian Institution, among other public and private institutions. In addition to his academic articles, his writings on intellectual property policy have appeared in the Wall Street Journal, New York Times, Forbes, Washington Times, Newsweek, and in other media outlets. He is an affiliated scholar and research fellow at many think tanks and policy organizations.

00:00 Intro 
00:58 Adam Mossoff's Bio
02:45 History of Property Rights 
08:28 Attacks on Property Rights
10:31 Common Good Constitutionalism
13:25 Legal Positivism vs Natural Rights
14:38 Originalism, Textualism
16:20 Good Society
18:50 Protection of Property Rights in US Constitution
22:39 Debate among scholars
23:43 Administrative State
24:33 Neil Gorsuch 
26:24 Brett Kavanaugh 
26:55 Clarence Thomas
30:00 Intellectual Property Rights
34:00 How did we get freedom and negation of property rights
38:38 Future of Intellectual Property Rights
41:00 China
47:20 Chip War: The Fight for the World's Most Critical Technology

Live Questions:
0:52:54 For Dr Mossoff: Why are so many patent cases taken to the court with the least-literate jury pool in the country? Is there a belief that illiterate jurors will be directly guided by God? Or more likely to be swayed by scams?
0:57:30 Has the 9th Amendment become meaningless?
1:00:52 Patent Trolls?, one challenged me on 3 element Water Chemistry, ignored; RAMBUS fiasco, betraying DDR2 group; Qualcom built on patents, accountants and lawyers; Drug companies buy patents, jack up prices & users suffer.
1:08:35 Hello Adam, can you comment on the recent story regarding "right to repair" involving John Deere?
1:12:45 What would be the role of common law in a proper society? IIRC in one interview Rand extemporaneously likened it to implicit philosophy, fine at the start but necessary to make explicit in statute to become civilized.
1:19:04 Europe started the tech revolution with IP with Einstein in a patent office in Bern I think. Previous question was about Patent Trolls. Do we let the courts mediate disputes like 'RAMBUS', or is ther another solution?
1:22:54 What would the self defense laws look like in a free society? It seems as of now only Texas has decent self defense laws by allowing the use of deadly force in defense of property as well as persons.
1:25:57 Can you explain what the principle is that makes a product design element patentable?
1:30:46 hey yaron, can you talk about art and property rights or music and property rights, did ayn rand have a point of view in this subject? also my friend Jenna really likes your show and she says hi :)
1:33:26 With Google v Oracle in mind, is it moral to buy or use an infringing Android device, or perhaps further, any Google product? How do you judge mixed companies and whether or how to interact with them?
1:42:13 What areas of law are you optimistic about?
1:45:07 What's Adam's opinion on net neutrality? For example, should AT&T be able to lower priority of content coming from a Comcast property like NBC Universal?
1:51:47 Thoughts on mens rea? It doesn't seem just that if someone doesn't know they are committing a crime, that they still get punished because of their intent. Why are squatter's rights not a criminal matter?

2:00:09 See pinned comment for timestamps of additional questions

2:46:52 Outro

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