Question of the week: Can Eminent Domain be Applied to Intellectual Property?
Given the current debate around Apple and the government's desire for access to propriety encoding/a back door, might the discussion broaden to encompass the topic of eminent domain and intellectual property? Input requested.
Senior Project Engineer at The Aerospace Corporation
8 年The Federal Government may not take private property under due process with just compensation if said taking violates a Citizen's rights. For example, the Federales may not forcibly "buy up" firearms (not the false term "buy back"), in violation of the Second Amendment rights.
President & Co-Founder, Valencell, Inc.
9 年Should the government be able to take private IP, even with "just compensation" ?... Definitely "no". Is the government legally allowed to take private IP with "just compensation"?... It's arguable. Will the government take private IP if it wants it, with or without just compensation?... Certainly.
President at RESULTS 110
9 年Hi Rick! Former governments have exercised eminent domain, beginning with the Romans I believe. They also treated most inhabitants as slaves. Makes one think.