3 ms·
The problem with this is that "intellectual property" rights are fundamentally unlike physical property rights to the extent that they directly conflict. I'm no
by livueta 4y ago
The problem with this is that "intellectual property" rights are fundamentally unlike physical property rights to the extent that they directly conflict. I'm not even making the argument that all IP is evil or whatever, just that weakening IP doesn't have to harm property rights as an overall category due to the tradeoffs between different forms of property right.
Consider the interaction of the doctrine of first sale with copyright in [1]. This is a spot where that conflict exists; if I've bought a thing, preventing me from re-selling that thing (without copying, etc being in the picture at all) abrogates my physical-property rights. That SCOTUS decision didn't undermine property rights as a general concept so much as buttress it: the pro-IP formulation benefits a handful of rights-holders, while the pro-physical-property formulation directly benefits everyone who owns real objects. A kind of utilitarian calculus of property rights, I guess?
Similarly, consider DRM. If I can't break DRM on a DVD I bought, to play it on a computing device that I own (without copying, etc being in the picture at all) then I don't actually own my computer or the DVD. That's an absurd dilution of the common understanding of a right that you're correct is the cornerstone of Western societies.
It's kinda like zoning law, really: the current beneficiaries can scream about "muh property rights" until they're blue in the face, but the regime they're defending is the greater violation of those rights.
So, overall, no: if anything, current corporatized formulations of "intellectual property" rights are a direct threat to actual property rights, which are indeed important.
edit: forgot to add that if it's a civilization's-gonna-collapse argument, there's a case to be made that environments with robust physical property protections but weak/no IP protections are the ideal environment for societal development: https://www.spiegel.de/international/zeitgeist/no-copyright-law-the-real-reason-for-germany-s-industrial-expansion-a-710976.html https://www.spiegel.de/international/zeitgeist/no-copyright-...
---
[1] https://en.wikipedia.org/wiki/Kirtsaeng_v._John_Wiley_%26_Sons,_Inc https://en.wikipedia.org/wiki/Kirtsaeng_v._John_Wiley_%26_So....