It’s the wrong question to ask, the wrong way to frame it, and of course, wrong and pro-IP as usual. It’s sad the Federalist Society keeps pushing this.
Oh well, at least they allowed a sane voice at least one time: KOL235 | Intellectual Property: A First Principles Debate (Federalist Society POLICYbrief). But as noted there,
overall the Federalist Society has presented basically the pro-IP side (More defenses of IP by the Federalist Society; Federalist Society Panel: Undermining or Preserving Property Rights? The New Administrative Patents). I pestered them over years to include more balanced treatment in their bibliography, to no avail (Anti-IP Material Needed in the IP Section of the Federalist Society’s “Conservative & Libertarian Legal Scholarship: Annotated Bibliography”).
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