 Given that the utilitarian argument rests on providing incentives, what is needed to critique it are cases that illustrate better ways, or equally good ways, of stimulating production without granting private property rights to authors and inventors. It would be better to establish equally powerful incentives for the production of intellectual property that did not also require initial restricted use guaranteed by rights (Polanyi 1943; Machlup 1962; Hettinger 1989; Waldron 1993; Moore 2003; Wright 1998).