Intellectual Property is Common Property - Andreas Von Gunten - ebook

Intellectual Property is Common Property ebook

Andreas Von Gunten

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Opis

Defenders of intellectual property rights argue that these rights are justified because creators and inventors deserve compensation for their labour, because their ideas and expressions are their personal property and because the total amount of creative work and innovation increases when inventors and creators have a prospect of generating high income through the exploitation of their monopoly rights. Andreas Von Gunten shows in this essay that the classical arguments for the justification of private intellectual property rights can be contested, and that there are many good reasons to abolish intellectual property rights completely in favour of an intellectual commons where every person is allowed to use every cultural expression and invention in whatever way he wishes.

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Intellectual Property Is Common Property

Arguments for the abolition of private intellectual property rights

Andreas Von Gunten

buch & netz

Zürich

Version 1.01, 2015-12-03

This essay was originally submitted as a master dissertation in philosophy on 8. September 2014 to the Open University, Milton Keynes. It is available in various E-Book formats, as a printed book and as an online book.

ISBN: 978-3-03805-039-1 (print), 978-3-03805-197-8 (PDF), 978-3-03805-198-5 (ePub), 978-3-03805-199-2 (mobi/kindle)

I am publishing this work under CC0 licence to the public domain, which means that you are free to do with it whatever you like. You are invited to treat this text as if there was no copyright law in place. But without trying to force you by law, I would appreciate it if you referred to this work, should you use it in your own texts, remixes or mashups, and that you keep my name as the source of the text if you are going to distribute it. You will see in this essay, that this is consistent with my claim for the abolition of private intellectual property rights.

If you received this copy for free and found it useful, feel free to support my work with any amount you like by sending me a donation via paypal to [email protected]

If you want to spread the word you can also buy printed copies and E-Books from my own publishing company or at any book and E-Bookstore worldwide. You can find additional information at: http://buchundnetz.com/werke/intellectual-property-is-common-property

You may also contact me at [email protected] or on twitter (@avongunten), if you would like to discuss any of the topics mentioned in this work, or if you can provide me with interesting resources which support or challenge the assertions made here.

Bookcover Design by SUPERSCRIPT, superscript.ch

To the extent possible under law, Andreas Von Gunten has waived all copyright and related or neighboring rights to Intellectual Property Is Common Property, except where otherwise noted.

Contents

ForewordIntroduction1. The Classical Justifications for Intellectual Property RightsJustification by natural lawUtilitarian justificationJustification by personality rightsJustifications for intellectual property rights restrictions2. Control Rights and Income Rights, or Does The Creator Deserve His De Jure Monopoly?Income RightsControl Rights3. The Myth of The Individual CreatorThe creator as a meme copy machineThe creative process as a collective process4. A Just Society with Intellectual CommonsThe missing evidence for the incentive argumentLibertarian justification for intellectual commonsEgalitarian justification for intellectual commonsThe creative work as a common goodConclusionLiteratureAbout the Author

1

Foreword

Defenders of intellectual property rights argue that these rights are justified because creators and inventors deserve compensation for their labour, because their ideas and expressions are their personal property and because the total amount of creative work and innovation increases when inventors and creators have a prospect of generating high income through the exploitation of their monopoly rights. This view is not only widely accepted by the general public, but also enforced through a very effective international legal framework. And it is endorsed by most academic researchers and commentators in this field.

In this essay, I will show that the classical arguments for the justification of private intellectual property rights can be contested, and that there are many good reasons to abolish intellectual property rights completely in favour of an intellectual commons where every person is allowed to use every cultural expression and invention in whatever way he wishes.

I will first give a short overview of the classical arguments for the justification of intellectual property as they are usually stated. We will then discuss the question of whether the creator or inventor deserves his de jure monopoly, by using John Christman’s categories of income and control rights to analyse property rights. The aim here is to show that it does not make sense to create control rights for abstract objects, as they are not scarce, and that there is no logical connection between the surplus which may be generated through income rights and the labour which has been put into a cultural artefact or an invention, and therefore it is not justified to grant monopoly rights on the basis of Lockean natural rights arguments for self-ownership and the just appropriation of worldly resources.

As it is possible to reject Christman’s property rights categories, I will then go on to show on the basis of Richard Dawkins’ postulation of the ‘meme’ and Ludwik Fleck’s theory of the ‘thought collective’ that creative processes should be interpreted as interpersonal or collective processes, and therefore it is not justified to grant intellectual property rights to individuals on the basis of the idea that the individual who has put labour into the creative work or the invention should be the one to whom the contents of the work belong exclusively.

As it is still possible to postulate the utilitarian argument that intellectual property rights are just because they increase the amount of creative works and inventions, I will argue in the last chapter that, from a libertarian as well as from an egalitarian point of view, the justification of intellectual monopoly rights on utilitarian grounds cannot be maintained. Therefore it is time to abolish the current global intellectual property law regime in favour of an intellectual commons for the good of all human beings and societies.

Switzerland, Mai 2015

Lesen Sie weiter in der vollständigen Ausgabe!

Lesen Sie weiter in der vollständigen Ausgabe!

Lesen Sie weiter in der vollständigen Ausgabe!

Lesen Sie weiter in der vollständigen Ausgabe!

Lesen Sie weiter in der vollständigen Ausgabe!

Lesen Sie weiter in der vollständigen Ausgabe!

Lesen Sie weiter in der vollständigen Ausgabe!

Lesen Sie weiter in der vollständigen Ausgabe!