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Transcript of Justifying IP
by definition, inquality
by definition, confers powers, creates duties
by definition, creates have and have-nots
How does it play out?
How can we Justify?
hence we need to justify and re-justify, continually
ultimately a contextual phenomenon
use political and ethical philosophy
Arguments from the individual
Arguments from the larger group
"teleological" or "consequentialist"
"you always need mom"
"The Tragedy of the Commons"
but collective actions? (Ostrom)
'Nuf and as good
John Stuart Mill's view: "creation without wrong"
German Romantic philosophy
GWF Hegel's Philosophy of Right
ownership is limited
and there are alternatives:
common property, public domains
A person must translate his freedom into an external sphere
in order to exist as Idea. Personality is the first, still wholly
abstract, determination of the absolute and infinite will, and
therefore this sphere distinct from the person, the sphere
capable of embodying his freedom, is likewise determined
as what is immediately different and separable from him.
A person has as his substantive end the right of putting
his will into any and every thing and thereby making it
his, because it has no such end in itself and derives its
destiny and soul from his will. This is the absolute right
of appropriation which man has over all 'things'.
public domain versus IPR
Self-expression: Charles Taylor's Hegel
ultimately affects how you understand (c) (or IP, or property)
scope of copyright
technology accentuates these starting points
although, copying has always been with us
(c): does this give us a "property" right?
If so, how absolute?
Wendy Gordon: limited by Locke himself
More works? Better works?
Statute of Anne; US Constitution
Role of Public Domain
IP ownership is limited
(c) : life + 50/70
a third way?
The Good, good actions
nature of "copying"
Moral rights in (c)...
But "property"-like rights??
IP? expressions, not ideas...
applied science, not science...
Create without wronging?
Still the public domain: is it diminshed?
how should we act regarding:
how should copyright holders act:
C-11? TPMs vs User Rights/FD
Tragedy of the
too much fragmentation
of ownership rights leads
to an impasse