Federal action like the plan wrecks federalism
Ginsburg 96 [Jane C. Ginsburg is a professor at Columbia Law School; “U. S. Federalism and Intellectual Property”; 1996; https://scholarship.law.columbia.edu/faculty_scholarship/3578/]//aanya
State regulation in territorially discrete (in theory) "laboratories,"82 can offer useful lessons to later federal drafters. The three recent federal enactments examined here all build on prior state legislation or common law. But the federal measures respond only partially to the federalism concerns that state intellectual property regulation poses. Because the federal laws leave much of the prior state laws in place, the federal laws do not assure uniformity of national regulation. Thus, while the federal measures in some respects improve the law evolved by the states, Congress appears to accept a substantial continued risk of unpredictable resolution of conflicting rights. This risk, viewed from within the U.S. federal system, may be within our tolerance, as well as within our past experience. Seen from without the U.S., and particularly from the burgeoning system of international digital communications, the complexity of U.S. regulation of intellectual property may well appear befuddling and frustrating.