Property
A case against intellectual property
copyrights and their flawn conceptualization
a scientist cannot possibly consider copyrights a type of property as no devoted scholar can deny the appeal of IP in general detaching from the very core of the foundational doctrine on private property. IP property is a fiction, it is acceptable because of random, arbitrary legislative decision making processes.
property cannot be created
rights are not free. They come from something else. When you have a set of rights allocated and you start giving out more rights, they have to start chipping into the previous ones recognized. They have to come from something else. Rights and obligations are correlative. If you have a right to education or welfare, someone’s got to provide it. They have to provide it out of their property. So recognizing “new” rights just amounts to a redistribution of property. It’s the same thing with intellectual property, which is nothing but a redistribution of rights. It is a redistribution of property rights from the original owner of a thing, to someone who applied at a state agency for some kind of monopoly certificate that gives them the right to go to government courts to ask the court to point their guns at the original owner and tell them “you have to share your property with this guy, or you can’t use it in this way without this guy’s permission.” It is a way of redistributing property rights. The idea that you can just add IP rights to the set of property rights in scarce resources is a pernicious one that leads to redistribution of control that owners have over their property, to other people.
relevance
It is the digital age
Network society
The perils of developed states
Supranational interest prescribing policy and laws
Need to fuel economic growth
why property rights appeared
Background on an Intellectual Property (IP) position
Property as a personality attribute
Patrimonial-extrapatrimonial
Public-private
Join-common-public domain
Real-subjective
Tangible-intangible
Generic-specific
Movables-inmovables
Fungible-non-fungible
Consumables-non-consumables
Principal-accessorial
Rivalrious-non-rivalrious (common law)
Patrimonial-extrapatrimonial
Real-subjective
fungible-non fungible
consumables-non consumables
Tangible-intangible
stretching the concepts
Intellectual property and other misconceptions
Evolution
(civilization, values)
freedom
Lockean view on the dignity of life by owning (leading to terrible misconceptions; consider the adding of value to things)
(absurdity of unrestrained ownership)
governing
The ruler shoudl be able to regulate people on the basis of their relationships wit things
mainteinance
Owners assist the state in preserving things
but iP
Censorship and State control
Sublimized incentive
Economic growth
property rights
Exclusive entitlement to control scarce resources.
"The best right."
We, SUBJECTS own, OBJECTS, because we can exercise rights and be responsible of duties...
intellectual property regulatory systems
Formal
Laws and public policy
International level: WIPO, TRIPS, IIPI, etc
National level: Laws and statutes (civil law branch and expanding)
Informal
Culture manifestations (traditions, beliefs, attitudes, practices, habits, etc.)
related concepts
- Knowledge
- Information
- Learning (informing our freedoms)
- Moral rights, authorship and identity
- First sale doctrine
- Fair use
- Compulsory licensing
- Incentives
- Enforcement
- Balance
- Policy
Eu copyright reform
2012: Commitment to "ensure that Copyright stays fit for purpose in this new digital context."
Relaunch of the Single Market; Agenda for growth: "SSI"
2013: Open consultation concerning reforms. "Deplorable in its overall orientation...passing over crucial issues on everyone's interests"
2014: Closed consultation (record participation +11.000 responses)
!!!
What the Commission literally promised:
To "...work for a modern copyright framework that guarantees effective recognition and remuneration of rights holders in order to provide sustainable incentives for creativity, cultural diversity and innovation; opens up greater access and a wider choice of legal offers to end users; allows new business models to emerge; and contributes to combating illegal offers and piracy."
Recommendation number one
Accurate education on what property rights mean and their personal and social implications.
-Freedoms to all
-Harmony in trade
and on reform activism
"The Recognition of non-commercial sharing between
individuals through the exhaustion of rights."
The most controversial of all issues on copyright legislation continues being ignored despite 15 years of struggle; and 30 of informal practice (tolerated to a greater or lesser degree)
See further: