Overprotecting intellectual property is as harmful as underprotecting it. Creativity is impossible without a rich public domain. Nothing today, likely nothing since we tamed fire, is genuinely new: Culture, like science and technology, grows by accretion, each new creator building on the works of those who came before. Overprotection stifles the very creative forces it's supposed to nurture.
Alex KozinskiThe death penalty is barbaric. And I think we as a society need to come face-to-face with that. If we're not willing to face up to the cruelty, we ought not to be doing it.
Alex Kozinski[Y]ou wonder why anyone would make the mistake of calling it the Commerce Clause instead of the 'Hey, you -can-do-whatever-you-feel-like Clause?
Alex KozinskiThe more heavily the government regulates the market, the more competition is impeded.
Alex KozinskiFor better or worse, we are the Court of Appeals for the Hollywood Circuit. Millions of people toil in the shadow of the law we make, and much of their livelihood is made possible by the existence of intellectual property rights. But much of their livelihood - and much of the vibrancy of our culture - also depends on the existence of other intangible rights: The right to draw ideas from a rich and varied public domain, and the right to mock, for profit as well as fun, the cultural icons of our time.
Alex Kozinski