A Philosophy of Intellectual Property
- ISBN-10
- 1138254703
- ISBN-13
- 9781138254701
- Category
- Law
- Pages
- 272
- Language
- English
- Published
- 2016-10-31
- Publisher
- Applied Legal Philosophy
- Author
- Peter Drahos
Description
Are intellectual property rights like other property rights? More and more of the world's knowledge and information is under the control of intellectual property owners. What are the justifications for this? What are the implications for power and for justice of allowing this property form to range across social life? Can we look to traditional property theory to supply the answers or do we need a new approach? Intellectual property rights relate to abstract objects - objects like algorithms and DNA sequences. The consequences of creating property rights in such objects are far reaching. A Philosophy of Intellectual Property argues that lying at the heart of intellectual property are duty-bearing privileges. We should adopt an instrumentalist approach to intellectual property and reject a proprietarian approach - an approach which emphasizes the connection between labour and property rights. The analysis draws on the history of intellectual property, legal materials, the work of Grotius, Pufendorf, Locke, Marx and Hegel, as well as economic, sociological and legal theory. The book is designed to be accessible to specialists in a number of fields as well as students. It will interest philosophers, political scientists, economists, legal scholars as well as those professionals concerned with policy issues raised by modern technologies and the information society.
Get the book
Other editions
Similar books
-
A Philosophy of Intellectual Property
By Peter DrahosThe book is designed to be accessible to specialists in a number of fields as well as students.
-
Intellectual Property and Theories of Justice
By A. Marciano, A. Gosseries, A. Strowel' What differentiates intellectual from real property? Should libertarians or Rawlsians defend IP rights? What's wrong with free-riding? How can incentives be taken into account by theories of justice?
-
A Critique of the Ontology of Intellectual Property Law
By Alexander Peukert' Such a legal-realist IP theory, Peukert argues, is both descriptively and prescriptively superior to the prevailing paradigm of the abstract IP object. This work was originally published in German and was translated by Gill Mertens.
-
New Frontiers in the Philosophy of Intellectual Property
By Annabelle LeverThe essays in this volume examine the justification of patents, copyrights and trademarks in light of the political and moral controversy over TRIPS (the Agreement on Trade-Related Aspects of Intellectual Property Rights).
-
Justifying Intellectual Property
By Robert P. MergesSee Thom Brooks, Hegel's Political Philosophy (Edinburgh: Edinburgh Univ. Press, 2007), Chapter 2, Property, at 29–38, 32 (stating Hegel's views: “When I shape the world insofar as I claim something as mine, this activity is the most ...
-
The Ontology of Cyberspace: Philosophy, Law, and the Future of Intellectual Property
By David R. KoepsellThis work is an examination of how intellectual property laws should be applied to cyberspace, software and other computer-mediated creations.
-
Property Aspects of Intellectual Property
By Ole-Andreas RognstadThe book takes a transnational approach, dealing with recent developments in European human/fundamental rights law and international investment law, helping readers to understand the practical implications of the IP/property interface.
-
Intellectual Liberty: Natural Rights and Intellectual Property
By Hugh BreakeyThis book philosophically defends the importance of the public domain and user’s rights through the use of natural-rights thought.
-
The Intellectual Commons: Toward an Ecology of Intellectual Property
By Henry C. Mitchell13. See " John Streater and the Knights of the Galaxy " in Johns , Nature of the Book , chapter 4 . 14. Goldstein , Copyright's Highway , 58-63 . 15. Goldstein , Copyright's Highway , 59 . 16. Goldstein , Copyright's Highway , 61 . 17.
-
Intellectual Property And Information Control: Philosophic Foundations and Contemporary Issues
What role should privacy rights play? This book provides answers and strategies for dealing with these and other questions while mounting a philosophical defense of rights to intellectual and intangible property.