A Libertarian Critique of Intellectual Property - Digital Book

A Libertarian Critique of Intellectual Property - Digital Book
Author: Butler Shaffer
Publisher: Ludwig von Mises Institute
Total Pages: 30
Release: 2014-01-07
Genre: Business & Economics
ISBN: 1610166264

What is the status of intellectual property? Are patents and copyrights legitimate in a free society?

Butler Shaffer is a distinguished libertarian legal theorist who has for many years taught at Southwestern Law School in Los Angeles. In this monograph, he addresses an important question that has aroused much interest among libertarians: What is the status of intellectual property? Are patents and copyrights legitimate?

Shaffer responds with an appeal to fundamental libertarian principles. Only arrangements that people freely negotiate with one another are acceptable: laws imposed by a coercive state are not. Judged by this standard, intellectual property fails. People may make contracts that limit the sale or transmission of ideas or books, but these bind only those who make them. Intellectual property laws, by contrast, apply to everyone, whether people accept them or not. These laws could not have arisen through voluntary agreements.

Defenders of intellectual property maintain that inventors and writers need protection for their work. Without patents and copyrights, inventions and creative work would be impeded. Shaffer responds that most of the great creators and inventors of the past worked without patent s and copyrights. Leonardo da Vinci and Shakespeare, for example, did rather well without this sort of state privilege.

A Libertarian Critique of Intellectual Property is a major contribution to libertarian legal theory and an indispensable guide to a vital topic.

Copy Fights

Copy Fights
Author: Adam D. Thierer
Publisher: Cato Institute
Total Pages: 340
Release: 2002
Genre: Law
ISBN: 9781930865259

A debate on the theory of intellectual property, the

Justifying Intellectual Property

Justifying Intellectual Property
Author: Robert P. Merges
Publisher: Harvard University Press
Total Pages: 422
Release: 2011-06-13
Genre: Law
ISBN: 0674049489

In a sophisticated defense of intellectual property, Merges draws on Kant, Locke, and Rawls to explain how IP rights are based on a solid ethical foundation and make sense for a just society. He also calls for appropriate boundaries: IP rights are real, but they come with real limits.

Literature and Liberty

Literature and Liberty
Author: Allen Mendenhall
Publisher: Lexington Books
Total Pages: 175
Release: 2014-02-19
Genre: Business & Economics
ISBN: 0739186345

The economic theories of Karl Marx and his disciples continue to be anthologized in books of literary theory and criticism and taught in humanities classrooms to the exclusion of other, competing economic paradigms. Marxism is collectivist, predictable, monolithic, impersonal, linear, reductive — in short, wholly inadequate as an instrument for good in an era when we know better than to reduce the variety of human experience to simplistic formulae. A person’s creative and intellectual energies are never completely the products of culture or class. People are rational agents who choose between different courses of action based on their reason, knowledge, and experience. A person’s choices affect lives, circumstances, and communities. Even literary scholars who reject pure Marxism are still motivated by it, because nearly all economic literary theory derives from Marxism or advocates for vast economic interventionism as a solution to social problems. Such interventionism, however, has a track-record of mass murder, war, taxation, colonization, pollution, imprisonment, espionage, and enslavement — things most scholars of imaginative literature deplore. Yet most scholars of imaginative literature remain interventionists. Literature and Liberty offers these scholars an alternative economic paradigm, one that over the course of human history has eliminated more generic bads than any other system. It argues that free market or libertarian literary theory is more humane than any variety of Marxism or interventionism. Just as Marxist historiography can be identified in the use of structuralism and materialist literary theory, so should free-market libertarianism be identifiable in all sorts of literary theory. Literature and Liberty disrupts the near monopolistic control of economic ideas in literary studies and offers a new mode of thinking for those who believe that arts and literature should play a role in discussions about law, politics, government, and economics. Drawing from authors as wide-ranging as Emerson, Shakespeare, E.M. Forster, Geoffrey of Monmouth, Henry Hazlitt, and Mark Twain, Literature and Liberty is a significant contribution to libertarianism and literary studies.

Intellectual Privilege

Intellectual Privilege
Author: Tom W. Bell
Publisher: Mercatus Center at George Mason University
Total Pages: 238
Release: 2014-04-14
Genre: Law
ISBN: 0989219380

A consensus has recently emerged among academics and policymakers that US copyright law has fallen out of balance. Lawmakers have responded by taking up proposals to reform the Copyright Act. But how should they proceed? This book offers a new and insightful view of copyright, marking the path toward a world less encumbered by legal restrictions and yet richer in art, music, and other expressive works. Two opposing viewpoints have driven the debate over copyright policy. One side questions copyright for the same reasons it questions all restraints on freedoms of expression, and dismisses copyright, like other forms of property, as a mere plaything of political forces. The opposing side regards copyrights as property rights that deserve—like rights in houses, cars, and other forms of property—the fullest protection of the law. Each of these viewpoints defends important truths. Both fail, however, to capture the essence of copyright. In Intellectual Privilege, Tom W. Bell reveals copyright as a statutory privilege that threatens our natural and constitutional rights. From this fresh perspective come fresh solutions to copyright’s problems. Published by the Mercatus Center at George Mason University.

Piracy

Piracy
Author: Adrian Johns
Publisher: University of Chicago Press
Total Pages: 636
Release: 2010-01-15
Genre: History
ISBN: 0226401200

Since the rise of Napster and other file-sharing services in its wake, most of us have assumed that intellectual piracy is a product of the digital age and that it threatens creative expression as never before. The Motion Picture Association of America, for instance, claimed that in 2005 the film industry lost $2.3 billion in revenue to piracy online. But here Adrian Johns shows that piracy has a much longer and more vital history than we have realized—one that has been largely forgotten and is little understood. Piracy explores the intellectual property wars from the advent of print culture in the fifteenth century to the reign of the Internet in the twenty-first. Brimming with broader implications for today’s debates over open access, fair use, free culture, and the like, Johns’s book ultimately argues that piracy has always stood at the center of our attempts to reconcile creativity and commerce—and that piracy has been an engine of social, technological, and intellectual innovations as often as it has been their adversary. From Cervantes to Sonny Bono, from Maria Callas to Microsoft, from Grub Street to Google, no chapter in the story of piracy evades Johns’s graceful analysis in what will be the definitive history of the subject for years to come.

An Introduction to Property Theory

An Introduction to Property Theory
Author: Gregory S. Alexander
Publisher: Cambridge University Press
Total Pages: 247
Release: 2012-04-09
Genre: Law
ISBN: 1107375371

This book surveys the leading modern theories of property - Lockean, libertarian, utilitarian/law-and-economics, personhood, Kantian and human flourishing - and then applies those theories to concrete contexts in which property issues have been especially controversial. These include redistribution, the right to exclude, regulatory takings, eminent domain and intellectual property. The book highlights the Aristotelian human flourishing theory of property, providing the most comprehensive and accessible introduction to that theory to date. The book's goal is neither to cover every conceivable theory nor to discuss every possible facet of the theories covered. Instead, it aims to make the major property theories comprehensible to beginners, without sacrificing accuracy or sophistication. The book will be of particular interest to students seeking an accessible introduction to contemporary theories of property, but even specialists will benefit from the book's lucid descriptions of contemporary debates.