On Water Drinkers and Magical Springs: Challenging the Lockean Proviso as a Justification for Copyright

Ratio Juris 28 (4):504-520 (2015)
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Abstract

Does intellectual property satisfy the requirements of the Lockean proviso, that the appropriator leave “enough and as good” or that he at least not “deprive others”? If an author's appropriation of a work he has just created is analogous to a drinker “taking a good draught” in the flow of an inexhaustible river, or to someone magically “causing springs of water to flow in the desert,” how could it not satisfy the Lockean proviso?

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Maxime Lambrecht
Catholic University of Louvain

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