Justifying Intellectual Property

In: Philosophy & public affairs, Band 18, Heft 1, S. 31-52

Abstract

Justifications for copyrights, patents, & trade secrets are examined. The arguments that natural property results from the fruits of intellectual labor, & that such rights are deserved as a reward for this labor are found to be inadequate, as are arguments based on sovereignty, security, & privacy. The strongest argument for intellectual property -- that it provides the best possible mechanism for insuring the availability & widespread dissemination of intellectual works & their resulting products -- depends on unresolved empirical questions & thus is inconclusive. Intellectual property institutions are not as easily justified as is thought. AA