A Libertarian Critique of Intellectual Property by Butler Shaffer PDF

By Butler Shaffer

ISBN-10: 1495218139

ISBN-13: 9781495218132

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

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Extra resources for A Libertarian Critique of Intellectual Property

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As we assess the nature of IP, and of its tendencies to inhibit—rather than foster—creativity, we should pay attention to historians who have written of how structured thinking and behavior contribute to the decline of civilizations. [19] In the words of Will and Ariel Durant, whether a given civilization continues to expand or disintegrate will depend upon “the presence or absence of initiative and of creative individuals with clarity of mind and energy of will . . ”[20] Jacob Burckhardt’s observation that “the essence of history is change”[21] warns of the dangers of placing fences around creative men and women.

In settling their disputes on an individual basis, they manifest their respect for one another: Private property, as a system of social order, reflects the extent to which we are willing to acknowledge one another’s autonomy and to limit the range of our own activities. ”[3] Unfortunately, there is another way that people can choose to act. They can decide to solve their problem collectively, through resort to the State. Shaffer leaves us in no doubt what he thinks of this: The twentieth century demonstrated to thoughtful men and women the totally inhumane nature of any system premised on political collectivism.

Do Simon & Schuster, Random House, and numerous university presses now rightfully owe the heirs of Johann Gutenberg for the use of his invention that made possible their businesses? Should symphony orchestras be obligated to pay royalties to the descendants of the composers whose music they perform? On first impression, such proposals may appear absurd and unworkable. But such a response ignores the premises upon which modern IP laws operate: if the “progress of science and the useful arts” is dependent upon “authors and inventors” being granted “exclusive right” to their works, how did our ancestral “authors and inventors” manage their creations without the anticipation of such rewards?

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A Libertarian Critique of Intellectual Property by Butler Shaffer


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