Yet in the end, the assertion that exclusivity equals productivity is essentially thin or testimonial or theoretical, or some combination of the thre… - David L. Lange

To grant a monopoly in speech to one person is to abridge that speech as to all others. That is precisely what Congress may not (and cannot) do. That power the First Amendment withdraws on the fact of the text. Read absolutely, the text does not admit of any defense or justifications in the case of abridgement. No law simply means no law.

The Framers authorized Congress to enact laws with respect to writings and discoveries; they did not command Congress to do so, however, nor did they imagine, much less prescribe, the regimes we now have. Nothing obliges us to continue that experimenti f our experience teaches us what we have done to date is a mistake.

Repackaged as intellectual property, the doctrines came into their own chiefly in the last three decades of the twentieth century, propelled forward in no small part by the desire for global commerce that fed the trade policies of a handful of so-called "developed nations"—foremost among them the United States. [...] The fact is that intellectual property interests lack the finite tangibility characteristics of most forms of property; things protected by copyright and patent are not "rivalrous".