In the first part of the paper, I attempt to resurrect the spoilage proviso. Part 2 rereads Locke’s texts to explain why intellectual property would be a paradigmatic case of Lockean property. Part 3 attempts a conceptual clarification of waste in Lockean terms. The final part applies this analysis to some contemporary IP issues: to certain uses of IP to control access, to deadweight loss due to monopoly pricing, and to the possibility of anticommons scenarios. Each of these can be seen as “”waste”” in the Lockean sense, and thus each offers a counterweight to strong IP claims made in Locke’s name.
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