The sources of The Law of Intellectual Property

1. Lysander Spooner 1 authority · 2 extended 3 citations · 7 passages

   ch. 9 2 passages anchored here · ch. 30 4 passages anchored here · ch. 32

   The passage explicitly builds on and extends conclusions from the preceding chapter of the same work.

   The objections of Yates, on abstract grounds, so far as they were worthy of notice, have been noticed, and replied to, in “Part First,” of this Essay.

2. Paradise Lost Milton 3 neutral 3 citations

   ch. 26 · ch. 31 2 passages anchored here

   Milton's sale of Paradise Lost is reported as a factual example without endorsement or refutation.

   And he attempts to screen Milton from the disgrace, which he assumes would have attached to him, if he had accepted the five pounds for his Paradise Lost, out of any regard to the worldly value of that sum.

3. Commentaries on American Law Kent 2 authority 2 citations

   ch. 28 · ch. 32

   Kent is named directly and his description of the Common Law is reported at length as authoritative definition.

   ” Kent says of it, “The Common Law includes those principles, usages, and rules of action, applicable to the government and security of person and property, which do not rest for their authority upon any express and positive declaration of the will of the legislature.

4. Opinion in Millar v. Taylor (reported argument) Justice Yates 2 refuted 2 citations · 11 passages

   ch. 26 11 passages anchored here

   Yates's judicial opinion is quoted at length and then subjected to sustained argument against its conclusion.

   These questions and arguments were forcibly presented by Justice Yates, and by Lord Chief Justice De Grey, as follows.

5. Demosthenes 1 neutral 1 citation

   ch. 14

   Demosthenes' orations are named as an example of a unique intellectual production tied to its author.

   Who can suppose that the poems of Homer, Shakespeare, and Milton, or the orations of Demosthenes, Cicero, and Burke, would ever have seen the light, had not Homer, Shakespeare, Milton, Demosthenes, Cicero and Burke themselves existed?

6. Homer 1 neutral 1 citation

   ch. 14

   Homer's poems are named as an example of a unique intellectual production tied to its author.

   Who can suppose that the poems of Homer, Shakespeare, and Milton, or the orations of Demosthenes, Cicero, and Burke, would ever have seen the light, had not Homer, Shakespeare, Milton, Demosthenes, Cicero and Burke themselves existed?

7. James Thomson 1 neutral 1 citation

   ch. 30

   Referenced as a comparative example of literary labor and value.

   Thompson could do in writing his Seasons;

8. John Milton 1 endorsed 1 citation

   ch. 29

   Milton's words are cited as historical evidence for the prevailing belief in perpetual authorial copyright.

   John Milton, as early as 1644, speaking in behalf of the right of authors to print their thoughts freely without getting a license for each book, alluded to the subject of copyright, and said, “That part [of an order of parliament for licensing books] which preserves justly every man’s copy [right], or provides for the poor, I touch not” [do not object to].

9. The Advancement of Learning Francis Bacon 1 authority 1 citation

   ch. 32

   Directly cited by title, book, and aphorism numbers as a scholarly authority.

   Advancement of Learning, B.

10. The Law of Intellectual Property Lysander Spooner 1 extended 1 citation · 5 passages

    ch. 32 5 passages anchored here

    Directly and repeatedly self-cited by chapter and page within the author's own work.

    Chapter iv, pages 119-120-133.

Each stands at a single passage. The chapter carries the anchors.

ch. 1 1 source

the law of nature

ch. 5 1 source

the recognized practice and rulings of courts of justice

ch. 9 1 source

Principles of natural law

ch. 11 1 source

Argument against the right of property in ideas

ch. 14 6 sources

the orations of Burke · the orations of Cicero · the poems of Milton · the poems of Shakespeare · the works of Angelo · the works of Raphael

ch. 26 1 source

De minimis non curat lex (legal maxim)

ch. 27 3 sources

an estimate that the steam engine had quadrupled the wealth of the United States · patent statutes of the United States and England granting only civil, temporary protection · the fable of the hen (or goose) that laid the golden eggs

ch. 28 4 sources

Magna Charta · the ancient English coronation oath · unnamed writings on jurisprudence · unnamed writings on natural law

ch. 29 12 sources

1366 judicial opinion on patent grants · Act of Parliament of 1628 limiting patent duration · Cochrane v. Smethurst (1816) · Coke's account of the fulling-mill ordinance · Coke's reasoning on patent privileges · Felton v. Greaves (1829) · Millar v. Taylor (1769) · Patent Act of 1835 · Statute of Anne (Act of 1710) · Statute of Monopolies (Act of 1623) · The Great Charter (Magna Carta) · Tonson v. Collins (1760-1761)

ch. 30 3 sources

4 Burrows (Reports) · Donaldson vs. Becket · Millar vs. Taylor (1769)

ch. 31 11 sources

Donaldson vs. Becket, 17 Parliamentary Hist. 991 · Millar v. Taylor · Millar vs. Taylor, 4 Burrows 2303, 2364-5 · New York Tribune article on the reaping machine (Sept. 15, 1854) · Of Cases Omitted in Law · Parable of the Talents · Parliamentary History (report of the case, 17 Parl. Hist. 999-1000) · Renouard's Argument, translated in American Jurist No. 43 · Speech opposing literary property, delivered in Donaldson v. Becket · Statute against Monopolies (21 James I) · Statute of 8th Anne

ch. 32 10 sources

A Treatise on the Law Relative to Patents for Inventions · Burrow's Reports · Commentaries on the Laws of England · Entick v. Carrington (State Trials) · History of England · Institutes of the Laws of England (Third Institute) · Jones on Bailments · List of Patents · Lives of the Lord Chancellors · Parliamentary History

The harvest records where a citation is made: the paragraph in the citing book, and the chapter that paragraph stands in. It does not record which page of this book is meant. Where the citing text names a locus, you will find it in the quotation.

1. The Law of Intellectual Property Lysander Spooner 1 extended 1 citation · 5 passages

   ch. 32 5 passages anchored here

   Directly and repeatedly self-cited by chapter and page within the author's own work.

   Chapter iv, pages 119-120-133.