In debates about the moral foundations of intellectual property, one very popular strand concerns the role of labor as a moral basis for intellectual property rights. This idea has a great deal of intuitive plausibility; but is there a way to make it philosophically precise? That is, does labor provide strong reasons to grant intellectual property rights to intellectual laborers? In this paper, I argue that the answer to that question is “yes”. I offer a new view, different from existing (...) labor theories of intellectual property, which I call the productive capacities view. This view gives us a way to make sense of the idea of labor as the basis for intellectual property rights, as well as a tool for critically evaluating existing intellectual property institutions. (shrink)

Research Articles Adam Mossoff, Social Philosophy and Policy, FirstView Article.

:This essay explores the meaning and normative significance of Locke’s depiction of individuals as proprietors of their own person. I begin by reconsidering the long-standing puzzle concerning Locke’s simultaneous endorsement of divine proprietorship and self-ownership. Befuddlement vanishes, I contend, once we reject concurrent ownership in the same object: while God fully owns our lives, humans are initially sole proprietors of their own person. Locke employs two conceptions of “personhood”: as expressing legal independence vis-à-vis humans and moral accountability vis-à-vis God. Humans (...) own their person in the first sense. As original proprietors of their own person, individuals are entitled to subject themselves to self-chosen authorities, thereby incurring obligations of obedience. But they may not choose just any authority. Divine ownership of human life delimits personal self-ownership by restricting the ways in which humans can dispose of their persons: we cannot possibly consensually subject ourselves to absolute and arbitrary power. Locke’s rights-forfeiture theory for crime makes slavery and despotism nonetheless potentially rightful conditions. I argue that, paradoxically, divine dominium of human life underpins both the impermissibility of voluntary enslavement and the justifiability of penal slavery. My analysis helps explain why modern Lockean theories of self-ownership that reject Locke’s theological premises have adopted an ambiguous stance toward despotic rule. (shrink)

Ecosystem services are the benefits people obtain from ecosystems. Many of these services are provided outside the borders of the land where they are produced. This article investigates who is entitled to these non-excludable ecosystem services from a libertarian perspective. Taking a right-libertarian perspective, it is concluded that the beneficiaries generally hold the right to use non-excludable ecosystem services and the right to landowners not converting ecosystems. Landowners are only at liberty to convert ecosystems if they appropriated their land before (...) any beneficiary used the services and converted the ecosystems before or shortly after the beneficiaries started using the services. This means that the beneficiaries generally hold the right to compensation payments by the landowners in the event of service losses, instead of the landowners holding the right to payments for ecosystem services by the beneficiaries. Taking a left-libertarian perspective, it is concluded that landowners ought to pay for the non-excludable ecosystem services lost as a result of their activities as well as beneficiaries paying for the non-excludable ecosystem services they use. These payments are not made mutually, however, but to a central authority that distributes the returns to the community on an equal per capita basis. (shrink)