Limits on Property Rights

Question 1

IP

Answer 1

Property in ideas (patents) and expressions (copyrights) as well as brands (trademarks) and proprietary secrets (trade secrets)

Question 2

Nonrivalrous

Answer 2

Use if it does not interfere w the use of it by other people

Question 3

Rivalrous

Answer 3

Use does interfere w the use of it by other ppl

Question 4

non excludable

Answer 4

difficult to prevent ppl from using it

Question 5

International News services v. Associated Press

Facts

Answer 5

INS was bribing employees of newspapers published by APs members to furnish news to INS before publication; induced AP employees to violate its by laws in doing so; and copying AP news from bulletin boards and early editions of newspapers and reselling.

Question 6

International News services v. Associated Press

Holding

Answer 6

INS liable for unfair competition

Question 7

International News services v. Associated Press

Reasoning

Answer 7

Unauthorized interference w the normal operation of legitimate business where profit is to be reaped in order to divert a portion from those who earned it to those who didn’t. Quasi property bc both parties are seeking to make profit.

Question 8

International News services v. Associated Press

Rule

Answer 8

Quasi property right exists in published news such that appropriating the news gathered by another for further commercial purposes = unfair competition and trade
quasi property - material from which a party tries to make a profit

Question 9

JACQUE V. STEENBERG HOMES

facts

Answer 9

Def delivered mobile homes across P’s land since it was the easiest but not the only way to do it. Def asked for permission but P denied, and D plowed a path across the land anyway. P feared loss in property value due to prior adverse possession action against them

Question 10

JACQUE V. STEENBERG HOMES

Holding

Answer 10

D liable for $1 in nominal damages and $100 in punitive damages

Question 11

JACQUE V. STEENBERG HOMES

Reasoning

Answer 11

Landowners right to exclude others is one of the most essential sticks in the bundle. Every person has right to exclusive enjoyment of her own property for any purpose that does not inade the rights of others. Private prop owners must feel confident in knowing intentional trespassers will be punished and deterred, so punitive damages are greater.

Question 12

JACQUE V. STEENBERG HOMES

Rule

Answer 12

Private land owners and society have more than a nominal interest in right to exclude others from private land.

Question 13

State v. Shack

Facts

Answer 13

P was a farmer employing migrant worker living on property. D worked for nonprofit funded by govt to provide health services and legal rep to migrant farm workers. D entered land to speak w migrant workers but P wanted them to leave if they were not willing to speak to them in Ps presence.

Question 14

State v. Shack

Holding

Answer 14

Prop owner has no right to exclude workers of relief organization (govt)

Question 15

State v. Shack

Reasoning

Answer 15

Ownership of real prop rights does not include the right to bar access to governmental services for migrant workers bc they are disadvantaged isolated and powerless

Question 16

State v. Shack

Rule

Answer 16

Title to real prop does not include unlimited dominion over ppl that the owner allows to live on the property; can’t use prop to exercise control over ppl.

Question 17

State v. Shack VS. Jacque

Answer 17

Prop rights are contingent and must bow to the needs of general public. Court here looks for a “fair adjustment of the competing needs of parties in light of the reality of the relationship.”