A Libertarian Critique of Intellectual Property by Butler Shaffer

By Butler Shaffer

From a libertarian point of view, premised upon recognize for personal estate and the rejection of coercion, a dialogue of what's referred to as "intellectual estate" - e.g., copyrights, patents, emblems - needs to specialise in an analogous questions that attend extra common inquiries into estate possession. How do such pursuits come into lifestyles? How is decision-making exercised? and the way are pursuits transferred or misplaced?

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A Libertarian Critique of Intellectual Property

From a libertarian standpoint, premised upon appreciate for personal estate and the rejection of coercion, a dialogue of what's known as "intellectual estate" - e. g. , copyrights, patents, logos - needs to concentrate on an identical questions that attend extra common inquiries into estate possession. How do such pursuits come into lifestyles?

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7] See p. 27 in this book. , copyrights, patents, trademarks—must focus on the same questions that attend more general inquiries into property ownership. How do such interests come into existence? How is decision-making exercised? And how are interests transferred or lost? [1] Ignorance of property principles has been a primary contributor to the social conflict, loss of individual liberty, and the resulting destructiveness that characterizes modern societies. Intellectual property (hereafter “IP”) has become a popular setting in which such confusion finds expression.

I shall not pursue that topic here—having addressed it more thoroughly in my Boundaries of Order. I do raise the question of whether, from a libertarian viewpoint, any philosophically defensible ownership claims could be created by political systems? Whether a pre-existing property claim might properly be protected or defended by a state system, can be left to a debate between anarchist and minarchist adherents. The question upon which I focus is this: in the same way that respect for individual property claims can arise informally among men and women, is there evidence for such claims to IP being so recognized?

As best I can tell, the artist Duccio created the first of such paintings, later followed by Botticelli, Leonardo, Michelangelo, and Raphael, not a second-rater in the bunch. Given the spirit of IP protectionism, should an asterisk be placed alongside the names of each of these subsequent painters to indicate their lack of respect for the original and exclusive claims of their predecessor? Have their works demeaned the contributions of Western Civilization to the artistic and spiritual betterment of mankind?

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