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IPistemology · Wednesday August 29, 2007 by Crosbie Fitch

Intellectual property is accompanied by natural rights and unnatural privileges.

Different things happen in different jurisdictions (WIPO notwithstanding).

  • Some rights are protected, some aren’t.
  • Some privileges are granted, some aren’t.

Examples of rights: life, privacy, truth, liberty.
Examples of privileges (suspension of others’ rights): copyright, patent.

I’m an IP naturalist. How about you?

  • IP maximalists want as many rights and privileges as they can get, and ever more draconian enforcement.
  • IP conservatives think everything’s working just fine, but for a few tweaks here and there, and the need for better law schools.
  • IP reformists sense problems, but aren’t sure what they are or how to fix them.
  • IP nostalgists think things have gone too far, and want to remove the last few decades of revisions to IP law from the statute books.
  • IP fundamentalists worship Thomas Jefferson and are waiting for his resurrection.
  • IP constitutionalists believe all solutions lie in a better understanding of the intentions of the founding fathers.
  • IP nihilists believe that it’s all moot and don’t care what the law says, that the diffusion of information is as amenable to control as the tide to Canute. All legislation is either in conflict with reality, ineffective, or redundant.
  • IP pragmatists are simply using licences to achieve their preferred ideology.
  • IP naturalists argue from an ethical perspective that all rights should be protected and all privileges abolished.
  • IP communists find privileges abhorrent, and even consider rights secondary in favour of a communitarian social contract to oblige the sharing of art and knowledge, free of commercial consideration (although tolerating any commerce that survives).
  • IP anarchists do what the heck they want and will use technology to subvert or bypass undesirable constraints for the benefit of themselves and others.
  • IP extremists consider violation of IP rights and privileges equivalent to terrorism and want violators to be treated as terrorists.
  • IP authorialists believe all problems result from the author’s surrender of their privileges to their publishers, that if all privileges were returned to the authors and made inalienable as if rights, that no author could then authorise their sociopathic abuse.

Any more?

Scott Carpenter said 6102 days ago :

I’m probably leaning to IP pragmatism with naturalist sympathies.

Where do reformers fit in? I might advocate a copyright term of 14 years or less for artistic works, but that still leaves us with enforcement issues.

Crosbie Fitch said 6101 days ago :

As I suggested above, IP reformists aren’t sure about the problems or the solutions. They have half-baked ideas like reduced terms (in sympathy with IP nostalgists), but they’re fundamentally unable to justify them.

I commented on the folly of a prominent reformist, Pamela Samuelson, here:

www.hyperorg.com/blo…

Scott Carpenter said 6101 days ago :

Doh. I read through the list. Wrote the first part of my comment, thought about a “reformer” category, scanned the list and missed it.

I’m not totally against short term restrictions, but the methods of enforcement are unacceptable. I think people’s sense of fairness would see most people buying copies, but I suspect IP maximalists don’t want to rely on that.

Crosbie Fitch said 6101 days ago :

Feel free to create an unauthorised derivative in which the items are in alphabetical order. ;-)

And as for ‘short term restrictions’, sorry, but you might as well be arguing about the optimum thickness of the walls of a chocolate teapot.

I know there are people out there (possibly you included) who entertain such arguments, but I ain’t one of ‘em. ;-)

Scott Carpenter said 6101 days ago :

No, I was certain that you wouldn’t!

I’d prefer your way, but maybe I’m just not confident of how we’ll get there, and might look at drastically shorter terms as a step in that direction.

Crosbie Fitch said 6100 days ago :

Getting there will either be via collapse or cunning. It won’t be via compromise (shorter terms, more fair use, etc.).

Here’s something I came up with a while ago as a ‘reform’ that should appeal to maximalists even while it sows the seeds for abolition.

Good Copyright, Bad Copyright



 

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