Natural Intellectual Property Rights and the Public Domain

被引:11
|
作者
Breakey, Hugh [1 ]
机构
[1] Univ Queensland, Polit Philosophy & TC Beirne Sch Law, Brisbane, Qld 4072, Australia
关键词
COPYRIGHT; ANTICOMMONS; PHILOSOPHY; PATENTS; CONSENT;
D O I
10.1111/j.1468-2230.2010.00791.x
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
No natural rights theory justifies strong intellectual property rights. More specifically, no theory within the entire domain of natural rights thinking - encompassing classical liberalism, libertarianism and left-libertarianism, in all their innumerable variants - coherently supports strengthening current intellectual property rights. Despite their many important differences, all these natural rights theories endorse some set of members of a common family of basic ethical precepts. These commitments include non-interference, fairness, non-worsening, consistency, universalisability, prior consent, self-ownership, self-governance, and the establishment of zones of autonomy. Such commitments have clear applications pertaining to the use and ownership of created ideas. I argue that each of these commitments require intellectual property rights to be substantially limited in scope, strength and duration. In this way the core mechanisms of natural rights thinking ensure a robust public domain and categorically rule out strong intellectual property rights.
引用
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页码:208 / 239
页数:32
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