The author has the right intuitions but his "what works" test is obscure. The real source of value is scarcity: smells on the moon are scarce, smells on earth are not. By analogy, the government renders intellectual property scarce by heavily penalizing infringement and using coercive force to eliminate sources of infringed intellectual property. Consequently, the greedy Jews in copyright and the rent seekers in patent law like Microsoft are not to blame. It is (in America) the shortsightedness of the Framers who provided for Intellectual property in the Constitution, and the idiocy and greed of legislators and judges.