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Published online by Cambridge University Press: 24 January 2022
Negligence liability is a fairer way to allocate responsibility for accidental infringement of IP rights. The chapter considers and rebuts four arguments that seek to defend the morality of strict liability in IP: the causation argument, the property argument, the fault argument, and the reciprocity argument. Because owners and users bilaterally cause accidents, legal responsibility ought not to fall unilaterally on one party as a categorical matter.
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