Much debate in Bear Flag circles recently about Intellectual Property - specifically the appropriateness of attempting to equate intellectual property with other traditional forms of property.
I don't have the time to blog extensively on why I feel it is improper to equate intellectual property with real property. So I have decided to let others do it for me...
A few more sentences from me in the "comments" sections probably wouldn't be nearly as productive as having you all read two treatises putting forth the full libertarian argument against intellectual property.
Read if you dare...
The Libertarian Case Against Intellectual Property Rights by Roderick T. Long
Against Intellectual Property by N. Stephan Kinsella (Adobe Acrobat required)
Lawrence Lessig's Free Culture is also well worth a read, although it admittedly doesn't really deal with the broader philosophical debate concerning forms of property and is not written from a libertarian perspective. (And even I must admit to being perplexed by the copyright notice on page 7 of the book after being encouraged by the author to download it from the Internet...)
I am not a libertarian in the full sense of the term. Though like many in Bear Flag blog circles, I have libertarian streaks in me.
These articles put forth the case as to why the current state of intellectual property laws actually work against notions of human freedom and autonomy (unlike laws protecting real property which help to promote freedom).
I do not endorse every single sentence in these articles. (I especially find Kinsella's comments on Trade Secrets to be problematic, and actually feel they undercut his arguments against enforcing copyrights as a form of contract. but I don't have time to go into that fully right now.) Furthermore, I am not in favor of completely doing away with all aspects of intellectual property as these essays might in some ways suggest (as I indicated, I am not a strict libertarian). But I think these writings will provide the full philosophical template as to why a few of us bloggers have squared off against each other over an issue that is admittedly causing schisms throughout conservative and libertarian circles.
Posted by Justin Levine at April 12, 2004 05:17 AM | TrackBack
My recollection of the Libertarian argument is that it isn't that intellectual property per se that is the problem. Instead it is the government enforcement that is required.
One can, in Libertarian-world, have trade secrets and protect them as one would pysical assets. But once you get to patents , copyrights and trademarks you are invariably requring government's hand in creating the "property." It's no longer the idea that you are calling "property", but the economic advantages that the government has granted you with respect to the property.. Patents and such cannot exist without government. And as the govenment gives, so can it take away.