Ideas and the Public Domain: Revisiting INS v. AP in the Internet Age By Andrew Beckerman-Rodau* A pdf version of this article may be downloaded here. Introduction I. Property Rights in Intangibles II. Common Law Misappropriation of an Idea or Information A. The Historical Source of the Misappropriation Doctrine B. An Overview of Contemporary Application of the Misappropriation Doctrine C. Continued Viability of Actions for Misappropriation of an Idea or Information III. Critical Review of the Misappropriation Doctrine A. The Problem with the Property Rationale B. Free Riding C. Ruinous Competition IV. Reliance on Existing Tort and Contract Theories Conclusion Continue reading →
