This paper argues that intellectual property rights are incompatible with Rawls’s principles of justice. This conclusion is based upon an analysis of the social stratification that emerges as a result of the patent mechanism which defines a marginalized group and ensure that its members remain alienated from the rights, benefits, and freedoms afforded by the patent product. This stratification is further complicated, so I argue, by the copyright mechanism that restricts and redistributes those rights already distributed by means of the (...) patent mechanism. I argue that the positions of privilege established through both the patent and the copyright mechanisms are positions that do not “allow the most extensive liberty compatible with a like liberty for all.” They do not “benefit the least advantaged.” Nor are they “open to all under conditions of fair equality of opportunity.” In making this argument I critically assess the utilitarian defense of intellectual property rights and find it insufficient to respond to the injustices manifest in our current arrangement for the protection of intellectual property rights. (shrink)

Property regimes are based on fundamental values of the society or group that designs and reproduces them. This paper analyses the ethical underpinnings of Progressive Commons in comparison to the values underlying private property and traditional Commons. Against this backdrop, we discuss the potential of Progressive Commons to address major challenges in context of the twenty-first century economy. Seed Commons serve as an example. Our analysis shows that Progressive Commons respond to contemporary societal and environmental challenges by re-interpreting the classical (...) values underlying traditional private and common property regimes, turning them to sovereignty, re-democratization, and social-ecological sustainability in the global context. (shrink)