[UncleEntity]

> Intellectual property is a legislative creature. There was never a "natural law" conception of it and it largely didn't evolve in caselaw either.

IMO the issue isn't with IP but trade secrets which have a long and well established history within human endeavours. In fact, they are the basis of the patent system which intended to get them "freed" from companies so others could expand on their work.

[jacques_chester]

Trade secrets are often legislative creatures too, especially in the US where it is within the authority of state legislatures to regulate.

In Commonwealth countries it typically arose from equity (through the doctrine of confidence) but has also been subject to tinkering. In Australia it's a mix of confidence and corporations law, the former from equity and the later from §51(xx).

It's not clear to me if a trade secret would be considered property under the just terms clause. I'm sure various law firms will make a mint advising Google, Facebook et al on that question.