Meaning and importance of intellectual property philosophy essay

Jay Wood Abstract Some of the most interesting work in lateth-century epistemology reintroduced, from ancient and medieval philosophy, the idea of an intellectual virtue and the related idea of proper epistemic function. But most of that work employed such concepts, with questionable success, in the interest of defining justification, warrant, or knowledge; and little or none of it offered detailed analyses of intellectual virtues. This book proposes and illustrates a different purpose for epistemology, one that we see in early modern thinkers, especially John Locke — namely that of guiding, refining, and in

Meaning and importance of intellectual property philosophy essay

Intellectual property rights and plagiarism Abstract In today's knowledge driven economy, information generation and R&D have assumed key importance in determining the public perception. Intellectual property is one of the most highly contested issues of law in modern society. Usually, discussion of intellectual property focuses on the distribution of material through the Internet/5(2). John Locke’s Theory of Property: Problems of Interpretation. This is especially true in one of the most debated and controversial areas of Locke’s political philosophy, his theory of property. and they thereby opened up a new investigation of the meaning and importance of Locke’s theory of property in his political thought.

Reprinted in Robert A. West Publishing Company, Intellectual Property and Copyright Ethics Mark Alfino Department of Philosophy Gonzaga University Philosophers have given relatively little attention to the ethical issues surrounding the nature of intellectual property in spite of the fact that for the past ten years the public policy debate over "fair use" of copyrighted materials in higher education has been heating up.

This neglect is especially striking since copyright ethics are at stake in so many aspects of academic life: Of course, the ethics of copyright are not only an issue for those of us in the business of education: The ethical quandaries surrounding fair use will not be resolved by appealing to well known principles of property rights.

One reason for this is that copying a book involves an act of labor which, one might allege, creates property in the copy.

History of Intellectual Property

In the course of our discussion, I will show that there are strong counter arguments to this argument. But here, at the outset, a labor theory of property offers no decisive answer. Second, the electronic transmission of data throws the whole notion of what a "copy" is into confusion: Is text from a database on a terminal a copy?

Is an electronic copy of a data file analogous to a paper copy of a printed work? Third, the development of computer software threatens to blur the distinction between a copyright and a patent. Traditionally, patents protect processes or products of processes which show genuine technical innovation.

In return for registering and making public the process, society grants a limited monopoly to the inventor. Copyrights involve similar protections though of a longer duration for the novel expression of ideas. Computer software is a hybrid, combining both novel expressions of old ideas e.

There is no escaping the fact that computer software and hardware is transforming the distinction between processes of production candidates for patents and expressions of ideas candidates for copyright. Finally, new developments in scholarship such as the growth of film studies and the development of video technology as an instructional medium, raise difficult problems for handling copyrights to videotapes and video broadcasts.

Typically the more "commercial" a product is the more the courts have been willing to protect copyright holders. When a commercial object such as a movie or documentary becomes an object of study, a confusion arises as to whether fair use should be determined by looking at the motives for its production or the demands of education and scholarship.

The copyright law is far more generous in exempting from protection classroom texts rather than videos and broadcasts.

The Theories Of Intellectual Property Philosophy Essay

In little more than three decades, the discourse on copyright has been challenged in ways in which the first writers of copyright laws and the most prominent philosophers of property rights could not have imagined. All of these cases involve copyright issues. My central contention in this paper is that settling intellectual property questions requires us to attend to the development of the technology of intellectual production and to an ongoing social discourse about the production and value of knowledge and culture.

I think these two social processes, technology and discourse about the status of knowledge, are always at work in the emergence ethical problems about copyright 2 and I think they are also the place to look for solutions.

Short essay on intellectual property right

If I am right then policy arguments which proceed primarily by a retrieval of abstract thought on the metaphysical principles of property are inadequate.

I will demonstrate my thesis first by showing that our basic understanding of copyright is itself a product of clashes between technological development and social discourse about the value of knowledge and culture. Then I will discuss efforts which focus either exclusively or primarily on a retrieval of property rights talk.

Finally, I will show how new copyright policy can be forged by attending to the actual social processes both technological and conversational which create our difficulties in the first place. Historical and Critical Studies of Copyright and Authorship In order to show how policy questions arise and are settled, I would like to recount a significant episode in the history of the development of modern copyright law.

My specific claim in relating this history is that social values about technology, knowledge, and culture are the real determinants of our thinking about copyright. Of course, a mere history does not tell us that these should be the determinants of our thinking.

I will not be prepared to make that claim until I show the inadequacy of some other approaches, which I will do in Section II. Still, I think the story I am about to tell goes some way toward showing the reasonableness of my general claim. The Stationers argued for and received extensions to the statutory limits of copyright in the act.

They continued to charge exorbitant prices for classics of English literature and editions of the Bible, to which they owned the copyright. The "Battle of the Books" took place during the first three quarters of the 18th century 5 as independent publishers, in sympathy with the "Society for the Encouragement of Learning," challenged copyright holders by producing unauthorized editions of popular English literature.

In the celebrated case of Donaldson v. Becketta lasting precedent against perpetual copyright was established. Mark Rose 6 rightly takes the Donaldson case as a turning point in our thinking about copyright.

He shows, quite successfully, that behind the Donaldson case lay a variety of changes including a new attitude toward authorship, the development of a market for intellectual labor, and the application of the justification of private property to intellectual labor.Because proprietary authorship, and with it the very notion of intellectual property, is a more recent notion than private property, a question naturally arises over the possibility of justifying intellectual property with traditional arguments for private property.

A wide body Property that is a result of the mental labor fruits is referred to as the intellectual property (Davis, ). The intellectual law is comprised of various laws, . Short essay on intellectual property right Article shared by Intellectual property right is a legal concept that confers rights to owners and creators of the work, for their intellectual creativity.

Intellectual Property: A Fight for Ideas Park University Intellectual property as defined by the Stanford Encyclopedia of Philosophy “is generally characterized as non-physical property that is the product of original thought” (Moore). For this purpose, fairly detailed sketches of particular intellectual virtues and of virtues' relations to epistemic goods, epistemic faculties, and epistemic practices, gain special importance.

An underlying thesis is that a strict dichotomy between the intellectual virtues and the moral virtues is a mistake. Intellectual property is one of the most highly contested issues of law in modern society.

Meaning and importance of intellectual property philosophy essay

Usually, discussion of intellectual property focuses on the distribution of material through the Internet/5(2).

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