Intellectual property has become the apple of discord in today’s moral and political debates. Although it has been approached from many different perspectives, a final conclusion has not been reached. In this paper I will offer a new way of thinking about intellectual property rights (IPRs), from a left-libertarian perspective. My thesis is that IPRs are not (natural) original rights, aprioric rights, as it is usually argued. They are derived rights hence any claim for intellectual (...) property is weaker than the correlative duties attached to self-ownership and world-ownership rights, which are of crucial importance in any left-libertarian view. Moreover, IPRs lack priority in front of these two original rights and should be overridden by stronger claims of justice. Thus, as derived rights, IPRs should not benefit of strong enforcement like any original rights especially if it could be in the latters’ detriment. (shrink)

The moral justification of intellectual property is often called into question when placed in the context of pharmaceutical patents and global health concerns. The theoretical accounts of both John Rawls and Robert Nozick provide an excellent ethical framework from which such questions can be clarified. While Nozick upholds an individuals right to intellectual property, based upon its conformation with Lockean notions of property and Nozicks ideas of just acquisition and transfer, Rawls emphasizes the importance of (...) basic liberties, such as an individuals right to health, superceding such secondary rights as intellectual property rights. From a policy perspective, patent protection for pharmaceutical products necessarily entails the balancing of corporate intellectual property interests and public interests in healthcare. The moral dilemma that occurs when these two interests clash is not easily resolved. Aside from corporate and public interests, the state maintains an interest in creating and preserving policies that regulate the moral dilemma itself. This paper analyzes the economic and ethical factors surrounding the production and distribution of the anti-HIV medication, AZT. Potential policy implications and recommendations are also discussed. (shrink)

Andy Curzon replied (often quoting from the opening sections of Lester 2014, chapter 10) in an ongoing debate with Lee Waaks, which Mr Waaks forwarded (with approval) to the Libertarian Alliance Forum (27 February 2015). This response replies to the criticisms after directly quoting them (the indented text; except where Lester is occasionally quoted, as indicated). A few cuts have been made to avoid some repetition and irrelevance. However, just as Mr Curzon sometimes repeats his main points in slightly different (...) ways and contexts in the hope that some of them might prove cogent, so this reply does the same. The dialogue-like result seems to engage more directly and completely than producing a new stand-alone exposition. And some new arguments are even developed in the process. But the full nature of many of the criticisms and replies often only becomes clear as the “dialogue” proceeds. An addendum then rebuts two further brief critical responses in the same manner. (shrink)

In this thesis we have examined the complex interaction between intellectual property rights, life sciences and global justice. Science and the innovations developed in its wake have an enormous effect on our daily lives, providing countless opportunities but also raising numerous problems of justice. The complexity of a problem however does not liberate society as a whole from moral responsibilities. Our intellectual property regimes clash at various points with human rights law and commonly held notions of (...) justice. (shrink)

Defenders of intellectual property rights argue that these rights are justified because creators and inventors deserve compensation for their labour, because their ideas and expressions are their personal property and because the total amount of creative work and innovation increases when inventors and creators have a prospect of generating high income through the exploitation of their monopoly rights. This view is not only widely accepted by the general public, but also enforced through a very effective international legal (...) framework. And it is endorsed by most academic researchers and commentators in this field. In this essay, I will show that the classical arguments for the justification of private intellectual property rights can be contested, and that there are many good reasons to abolish intellectual property rights completely in favour of an intellectual commons where every person is allowed to use every cultural expression and invention in whatever way he wishes. I will first give a short overview of the classical arguments for the justification of intellectual property as they are usually stated. We will then discuss the question of whether the creator or inventor deserves his de jure monopoly, by using John Christman’s categories of income and control rights to analyse property rights. The aim here is to show that it does not make sense to create control rights for abstract objects, as they are not scarce, and that there is no logical connection between the surplus which may be generated through income rights and the labour which has been put into a cultural artefact or an invention, and therefore it is not justified to grant monopoly rights on the basis of Lockean natural rights arguments for self-ownership and the just appropriation of worldly resources. As it is possible to reject Christman’s property rights categories, I will then go on to show on the basis of Richard Dawkins’ postulation of the ‘meme’ and Ludwik Fleck’s theory of the ‘thought collective’ that creative processes should be interpreted as interpersonal or collective processes, and therefore it is not justified to grant intellectual property rights to individuals on the basis of the idea that the individual who has put labour into the creative work or the invention should be the one to whom the contents of the work belong exclusively. As it is still possible to postulate the utilitarian argument that intellectual property rights are just because they increase the amount of creative works and inventions, I will argue in the last chapter that, from a libertarian as well as from an egalitarian point of view, the justification of intellectual monopoly rights on utilitarian grounds cannot be maintained. Therefore it is time to abolish the current global intellectual property law regime in favour of an intellectual commons for the good of all human beings and societies. (shrink)

A wide range of proposals to alleviate the negative effects of intellectual property regimes is currently under discussion. This article offers a critical evaluation of six of these proposals: the Health Impact Fund, the Access to Knowledge movement, prize systems, open innovation models, compulsory licenses and South-South collaborations. An assessment on how these proposals target the human rights affected by intellectual property will be provided. The conflicting human rights that will be individually discussed are the rights: (...) to benefit from one’s own scientific work, to benefit from the advancement of science, to participate in scientific enterprises and to self-determination. (shrink)

This essay is intended to be a refutation of the main thesis in Against Intellectual Property, Kinsella 2008 (hereafter, K8). Points of agreement, relatively trivial disagreement, and irrelevant issues will largely be ignored, as will much repetition of errors in K8. Otherwise, the procedure is to go through K8 quoting various significantly erroneous parts as they arise and explaining the errors involved. It will not be necessary to respond at the same length as K8 itself.

This paper provides a critique of the contemporary notion of intellectual property based on the consequences of Wittgenstein's “private language argument”. The reticence commonly felt toward recent applications of patent law, e.g., sports moves, is held to expose erroneous metaphysical assumptions inherent in the spirit of current IP legislation. It is argued that the modern conception of intellectual property as a kind of natural right, stems from the mistaken internalist or Augustinian picture of language that Wittgenstein (...) attempted to diffuse. This view becomes persuasive once it is shown that a complete understanding of the argument against private language must include Wittgenstein's investigation of the role of the will in the creative process. It is argued that original thought is not born by decree of the will, but engendered by a public context of meaning and value. What marks a person as a genius is, therefore, according to Wittgenstein, not some sovereign capacity of conceptual world-making, but merely a propitious dose of intellectual courage. (shrink)

The new frontiers in the philosophy of intellectual property lie squarely in territories belonging to moral and political philosophy, as well as legal philosophy and philosophy of economics – or so this collection suggests. Those who wish to understand the nature and justification of intellectual property may now find themselves immersed in philosophical debates on the structure and relative merits of consequentialist and deontological moral theories, or disputes about the nature and value of privacy, or the (...) relationship between national and global justice. Conversely, the theoretical and practical problems posed by intellectual property are increasingly relevant to bioethics and philosophy and public policy, as well as to more established areas of moral and political philosophy. Perhaps this is just to say that the philosophy of intellectual property is coming into its own as a distinct field of intellectual endeavour, providing a place where legal theorists and philosophers can have the sorts of discussions - neither reducible to questions about what the law is, nor wholly divorced from contemporary legal problems - which typify debates about freedom of expression, discrimination and human rights. These are all areas in which legal and philosophical ideas influence each other at the level of method as well as of substance. My hope is that this collection of essays will appeal to those who, whatever their professional specialty or training, share an interest in the philosophy of intellectual property, and that it will build upon and advance existing interdisciplinary dialogue and research in this complex, fascinating, and important area. Authors include John Christman, Stephen Munzer, Alex Rosenberg, Geert Demunijck, Laura Biron, James Wilson . (shrink)

This paper delves into the nature of intellectual property rights in aesthetic creations, particularly works of visual art and literary works. The discussion focuses on copyrights interests, but there are also implications for trademark and patent rights. The argument assumes a fairly conventional definition of "property," namely, the set of legal relations between the owner and all other persons relating to the use, enjoyment and disposition of a tangible thing. The problem with such a definition as applied (...) to aesthetic creations is that no ordinary tangible thing necessarily embodies a creation which can exist in multiple copies, so the paper takes the transcendent view that the tangible thing subject to legal relations is the entire terra firma or material universe being shaped in the image, sounds or words of the aesthetic creation. Therefore, the paradigm suggested for intellectual property is a monopoly on shaping the entire physical universe, thus the Worldmaking concept. It then follows that intellectual property in an aesthetic creation enables the owner to stop plagiarists from using any part of the material world to recreate in the audience the imaginative experiences first created by the protected work. (shrink)

Two property regimes for software development may be distinguished. Within corporations, on the one hand, a Private Regime obtains which excludes all outsiders from access to a firm's software assets. It is shown how the protective instruments of secrecy and both copyright and patent have been strengthened considerably during the last two decades. On the other, a Public Regime among hackers may be distinguished, initiated by individuals, organizations or firms, in which source code is freely exchanged. It is argued (...) that copyright is put to novel use here: claiming their rights, authors write `open source licenses' that allow public usage of the code, while at the same time regulating the inclusion of users. A `regulated commons' is created. The analysis focuses successively on the most important open source licenses to emerge, the problem of possible incompatibility between them (especially as far as the dominant General Public License is concerned), and the fragmentation into several user communities that may result. (shrink)

Sensibility, in any of its myriad realms – moral, physical, aesthetic, medical and so on – seems to be a paramount case of a higher-level, intentional property, not a basic property. Diderot famously made the bold and attributive move of postulating that matter itself senses, or that sensibility (perhaps better translated ‘sensitivity’ here) is a general or universal property of matter, even if he at times took a step back from this claim and called it a “supposition.” (...) Crucially, sensibility is here playing the role of a ‘booster’: it enables materialism to provide a full and rich account of the phenomena of conscious, sentient life, contrary to what its opponents hold: for if matter can sense, and sensibility is not a merely mechanical process, then the loftiest cognitive plateaus are accessible to materialist analysis, or at least belong to one and the same world as the rest of matter. This was noted by the astute anti-materialist critic, the Abbé Lelarge de Lignac, who, in his 1751 Lettres à un Amériquain, criticized Buffon for “granting to the body [la machine, a common term for the body at the time] a quality which is essential to minds, namely sensibility.” This view, here attributed to Buffon and definitely held by Diderot, was comparatively rare. If we look for the sources of this concept, the most notable ones are physiological and medical treatises by prominent figures such as Robert Whytt, Albrecht von Haller and the Montpellier vitalist Théophile de Bordeu. We then have, or so I shall try to sketch out, an intellectual landscape in which new – or newly articulated – properties such as irritability and sensibility are presented either as an experimental property of muscle fibers, that can be understood mechanistically (Hallerian irritability, as studied recently by Hubert Steinke and Dominique Boury) or a property of matter itself (whether specifically living matter as in Bordeu and his fellow montpelliérains Ménuret and Fouquet, or matter in general, as in Diderot). I am by no means convinced that it is one and the same ‘sensibility’ that is at issue in debates between these figures (as when Bordeu attacks Haller’s distinction between irritability and sensibility and claims that ‘his own’ property of sensibility is both more correct and more fundamental in organic beings), but I am interested in mapping out a topography of the problem of sensibility as property of matter or as vital force in mid-eighteenth-century debates – not an exhaustive cartography of all possible positions or theories, but an attempt to understand the ‘triangulation’ of three views: a vitalist view in which sensibility is fundamental, matching up with a conception of the organism as the sum of parts conceived as little lives (Bordeu et al.); a mechanist, or ‘enhanced mechanist’ view in which one can work upwards, step by step from the basic property of irritability to the higher-level property of sensibility (Haller); and, more eclectic, a materialist view which seeks to combine the mechanistic, componential rigour and explanatory power of the Hallerian approach, with the monistic and metaphysically explosive potential of the vitalist approach (Diderot). It is my hope that examining Diderot in the context of this triangulated topography of sensibility as property sheds light on his famous proclamation regarding sensibility as a universal property of matter. (shrink)

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?

Intellectual property regimes necessarily create artificial scarcity leading to wastage, both by blocking follow-up research and hindering access to those who are only able to pay less then the actual retail price. After revising the traditional arguments to hinder access to people’s intellectual labour we will examine why we should be more open to allow free-riding of inventive efforts, especially in cases where innovators have not secured the widest access to the fruits of their research and failed (...) to cooperate with follow-up innovators. We will do so by questioning the voluntariness involved in consumption of objects of innovation, restating the positive social externalities that arise when wider access to the fruits of innovation is assured, and examining the eventual harms innovators face. (shrink)

What a long strange trip the Internet has had. From its inception and use by the American military to the billions of users world-wide who log on daily, the Internet is both the promise of access to information and the peril of surveillance and a means of curtailing intellectual freedom. This paper will review this continuum, paying close attention to recent developments in the United States that fuel the dichotomous debate surrounding intellectual freedom.

Are intellectual property rights for talented people justified by Rawls’ criteria of justice? In this paper, I argue that Rawls’ theory of justice is ill-equipped to answer this question. Tailored for rival goods and, as a result, centred on the distribution of benefits, it tends to restate questions of justice about unequal rights as questions about economic inequalities. Therefore, it lacks the tools necessary to distinguish among different forms of incentives for talented people. Once social and economic inequalities (...) observe equality of opportunity and improve the least advantaged, the theory is indifferent as to whether talented people are allowed to compete for monopoly rights or for direct financial reward. (shrink)

Intellectual property law tends to be viewed as the only (or most significant) mechanism for achieving policy goals relating to innovation assets. Yet more creative and effective solutions are often available. When analysed from a transdisciplinary perspective, relying on the cooperative efforts of researchers from fields other than law, innovation governance is characterized not simply as the product of legal rules, but as a function of the interaction of legal rules, practices and institutions. When policy-makers seek to identify (...) conditions under which the creation, use and exchange of innovation assets flourishes, care should be taken to focus on this combination of factors. This article describes the development of an ontology—a computerized method of representing knowledge as concepts and relations between concepts—to convey such understanding. Policy makers (and researchers) are provided with an organized, accessible representation of innovation governance that enriches their understanding and improves their decision-making. (shrink)

The purpose of the following study is that of providing a critical anal‑ ysis of Intellectual Property (IP), with a closer look on copyright, in the context of human rights. My main conjecture is the following : the legal infrastructure stemming from the implications of copyrights which states created has nega‑ tive consequences if we have a closer look at some human rights specified by The Universal Declaration of Human Rights (UDHR). For example, copyrights are, in my view, (...) incompatible with the human rights which specify that (1) hu‑ man beings have a right to freely take part in the cultural and scientific life of the communities which they inhabit and (2) human beings have a right to own property. My main hypothesis is the following : if copyrights are, in fact, more difficult to ground from a moral perspective, then this considerations must trump the provision of the 27th article of the UDHR, which states that creators, be they artists or researchers, have a human right to have their moral and mate‑ rial interests protected with regard to their intellectual products, if this amounts to a justification for a copyright. (shrink)

The purpose of this paper is to assess the emergence of the pirate movements in the European Union. Our goal is to sketch the steps towards a research agenda for this grassroots political movement which gained momentum since 2009. To attain our goal we showed the re-signification of the concept of piracy in the debate around intellectual property and its institutional settlement. Afterwards we analysed the big political themes of several European Pirate Parties and their struggle to follow (...) the preferences of the median voter. We concluded with a set of hypotheses of which the most important is that the pirates will inscribe neither to the left nor to the right part of the political spectrum. (shrink)

Taking into consideration the extremely harsh public health conditions faced by the majority of the world population, the Health Impact Fund (HIF) proposal seeks to make the intellectual property regimes more in line with human rights obligations. While prioritizing access to medicines and research on neglected diseases, the HIF makes many compromises in order to be conceived as politically feasible and to retain a compensation character that makes its implementation justified solely on basis of negative duties. Despite that (...) current global health realities make such steps reasonable, the paper looks up the negative effects on one overlooked human right: the right to participate in scientific advancement. (shrink)

When it comes to works of art, intellectual property rights (IPR) are often argued to be natural rights, for each work of art, so we are told, is the expression of the particular ingenuity of an individual artist. The account of creativity to which such arguments allude, however, is that of Romanticism, so that one may question whether these arguments hold valid for contemporary artistic practices. Thus, this chapter will construct a Hegelian justification for IPR that goes along (...) with the Romantic concept of creative work and then assess this justification drawing on the analysis of the modern culture industry by Adorno and Horkheimer. (shrink)

The International Bill of Rights enshrines a right to health, which includes a right to access essential medicines. This right frequently appears to conflict with the intellectual property regime that governs pharmaceutical patents. However, there is also a human right that protects creative works, including scientific productions. Does this right support intellectual property protections, even when they may negatively affect health? -/- This article examines the recent attempt by the Committee on Economic, Social and Cultural Rights (...) to resolve this issue and argues that it fails. This is problematic because it means defenders of the present patent regime can continue using human rights documents to support their position. I offer a new framework for resolving the problem by examining the values that underlie human rights. (shrink)

Copyright is at the centre of both popular and academic debate. That emotions are running high is hardly surprising – copyright influences who contributes what to culture, how culture is used, and even the kind of persons we are and come to be. Consequentialist, Lockean, and personality interest accounts are generally advanced in the literature to morally justify copyright law. I argue that these approaches fail to ground extensive authorial rights in intellectual creations and that only a small subset (...) of the rights accorded by copyright law is justified. The pared-down version of copyright that I defend consists of the right to attribution, the right to have one’s non-endorsement of modifications or uses of one’s work explicitly noted, and the right to a share of the profit resulting from the commercial uses of one’s work. I also cursorily explore whether contribution to another person’s work gives rise to moral interests. (shrink)

Social experimental research commonly employs media to elicit responses from research subjects. This use of media is broadly protected under fair use exemptions to copyright, and creators of content used in experiments are generally not afforded any formal consideration or protections in existing research ethics frameworks. Online social networking sites are an emerging and important setting for social experiments, and in this context the material used to elicit responses is often content produced by other users. This article argues that users (...) may have a reasonable interest in controlling the use of their content in experiments conducted in online social networks. Matters of risk and autonomy in research ethics are explored by analogy to active debates in law over adhesion contracts, moral rights, and the right to be forgotten. The article concludes by considering practical difficulties in identifying and protecting the interests of creators. (shrink)

Taking people’s longevity as a measure of good life, humankind can proudly say that the average person is living a much longer life than ever before. The AIDS epidemic has however for the first time in decades stalled and in some cases even reverted this trend in a number of countries. Climate change is increasingly becoming a major challenge for food security and we can anticipate that hunger caused by crop damages will become much more common. -/- Since many of (...) the challenges humanity faced in the past were overcome by inventive solutions coming from the life sciences, we are compelled to reconsider how we incentivize science and technology development so that those in need can benefit more broadly from scientific research. There is a huge portion of the world population that is in urgent need for medicines to combat diseases that are currently neglected by the scientific community and could immensely benefit from agricultural research that specifically targets their environmental conditions. At the same time efforts have to be made to make the fruits of current and future research more widely accessible. These changes would have to be backed by a range of moral arguments to attract people with diverging notions of global justice. This article explores the main ethical theories used to demand a greater share in the benefits from scientific progress for the poor. Since life sciences bring about a number of special concerns, a short list of conflictive issues is also offered. (shrink)

Mathias Risse’s On Global Justice is a unique and important contribution to the growing literature on global justice. Risse’s approach to a variety of topics, ranging from domestic justice and common ownership of the earth, to immigration, human rights, climate change, and labour rights, is one that conceives of global justice as a philosophical problem. In this commentary I focus on a number of reservations I have about approaching global justice as a philosophical rather than an inherently practical problem. To (...) his credit Risse does acknowledge at various stages of the book that a good deal of the applied terrain he ventures into presupposes complex and contentious empirical assumptions. A greater emphasis on those points would, I believe, helpfully reveal the shortcomings of tackling intellectual property rights by appealing to Hugo Grotius’s stance on the ownership of seas, or the shortcomings of tackling health by invoking the language of human rights without acknowledging and addressing the constraints and challenges of promoting health in an aging world. (shrink)

One of the most attractive, but nevertheless highly controversial proposals to alleviate the negative effects of today’s international patent regime is the Health Impact Fund (HIF). Although the HIF has been drafted to facilitate access to medicines and boost pharmaceutical research, we have analysed the burdens for the global poor a similar proposal designed to promote the use and development of climate-friendly technologies would have. Drawing parallels from the access to medicines debate, we suspect that an analogous “Climate Impact Fund” (...) will increase the already very high scientific and technological supremacy of the developed world over the Global South. We advocate countering this dominance on the ground that countries with scarce research and development capacities will be in a difficult position to reject technologies and will not have a say on how such technologies should look like. Further, addressing global hazards should be an inclusive endeavour and not only a privilege reserved for the developed world. Incentivizing grassroots innovation would be a major step to promote scientific and technological inclusion. (shrink)

Hacker communities of the 1970s and 1980s developed a quite characteristic work ethos. Its norms are explored and shown to be quite similar to those which Robert Merton suggested govern academic life: communism, universalism, disinterestedness, and organized scepticism. In the 1990s the Internet multiplied the scale of these communities, allowing them to create successful software programs like Linux and Apache. After renaming themselves the `open source software' movement, with an emphasis on software quality, they succeeded in gaining corporate interest. As (...) one of the main results, their `open' practices have entered industrial software production. The resulting clash of cultures, between the more academic CUDOS norms and their corporate counterparts, is discussed and assessed. In all, the article shows that software practices are a fascinating seedbed for the genesis of work ethics of various kinds, depending on their societal context. (shrink)

This paper argues that private property and rights assignment, especially as applied to communication infrastructure and information, should be informed by advances in both technology and our understanding of psychology. Current law in this area in the United States and many other jurisdictions is founded on assumptions about human behavior that have been shown not to hold empirically. A joint recognition of this fact, together with an understanding of what new technologies make possible, leads one to question basic assumptions (...) about how law is made and what laws we should have in a given area, if any. I begin by analyzing different aspects of U.S. law, from a high-level critique of law making to a critique of rights assignment for what I call 'simple nonrival goods.' I describe my understanding, as a non-lawyer with a background in psychology and computing, of the current conventions in U.S. law, consider the foundational assumptions that justify current conventions, describe advances in psychology and technology that call these conventions into question, and briefly note how the law might normatively change in this light. I then apply this general analysis to the question of domain name assignment by the Internet Corporation for Assigned Names and Numbers (ICANN). (shrink)

This essay addresses arguments regarding the “place” or “non-place” in which ideas originate and whether they are wholly transcendental, wholly contingent, or a combination of transcendental and contingent. Far from a resuscitation or recitation of Medieval scholastic disputations, the essay seeks to situate these untimely concerns in the context of spent discursive and ideological systems that support capitalist exploitation of the knowledge commons, exploitation only made possible because of a decisive and historically determined reduction of knowledge to fully contingent status (...) as spectral commodity. (shrink)

This two-part, semi-gothic literary essay seeks a provisional definition of “benevolent capital” and a working description of types of artistic and scholarly work that have no value for Capital as such. The paradox observed is that such works may actually appeal to a certain aspect of Capital, insofar as present-day capitalism has within it forms of pre-modern political economy that may actually save Capital from its mad rush toward self-immolation.

This two-part, semi-gothic literary essay seeks a provisional definition of “benevolent capital” and a working description of types of artistic and scholarly work that have no value for Capital as such. The paradox observed is that such works may actually appeal to a certain aspect of Capital, insofar as present-day capitalism has within it forms of pre-modern political economy that may actually save Capital from its mad rush toward self-immolation.

The World Trade Organization (WTO) is a multilateral trade organization that, at least partially, governs trade relations between its member states. The WTO (2011a) proclaims that its “overriding objective is to help trade flow smoothly, freely, fairly and predictably.” The WTO is a “treaty-based” organization – it has been constituted through an agreed, legally binding treaty made up of more than 30 articles, along with additional commitments by some members in specific areas. At present, 153 states are members of the (...) WTO, which collectively make up over 97 percent of all trade worldwide (WTO 2011b). Together, the WTO treaty specifies the rights and obligations of its member states. To become a member of the WTO, a state must treat the agreement as a “single undertaking.” Members cannot choose à la carte which agreements – for example, regarding tariffs, or trade in services or intellectual property – they want to accede to and which they do not. Instead, they must take on the obligations of the agreement in toto. The WTO is one of the most consequential governance institutions in the world, a lodestar of political debate about globalization (see globalization), attracting increased interest from moral and political philosophers in recent years (James 2006; Moellendorf 2005; Risse 2007; Brock 2009). (shrink)

The scope and reach of information, driven by the explosive growth of information technologies and content types, has expanded dramatically over the past 30 years. The consequences of these changes to records and information management (RIM) professionals are profound, necessitating not only specialized knowledge but added responsibilities. RIM professionals require a professional ethics to guide them in their daily practice and to form a basis for developing and implementing organizational policies, and Mooradian’s new book provides a rigorous outline of such (...) an ethics. Taking an authoritative principles/rules based approach to the subject, this book comprehensively addresses •the structure of ethics, outlining principles, moral rules, judgements, and exceptions; •ethical reasoning, from meaning and logic to dilemmas and decision methods; •the ethical core of RIM, discussing key topics such as organizational context, the positive value of accountability, conflicts of interest, and confidentiality; •important ethical concerns like copyright and intellectual property, whistleblowing, information leaks, disclosure, and privacy; and •the relationship between RIM ethics and information governance. -/- An essential handbook for information professionals who manage records, archives, data, and other content, this book is also an ideal teaching text for students of information ethics . (shrink)

This special issue introduces the study of financial technologies and finance to the field of philosophy of technology, bringing together two different fields that have not traditionally been in dialogue. The included articles are: Digital Art as ‘Monetised Graphics’: Enforcing Intellectual Property on the Blockchain, by Martin Zeilinger; Fundamentals of Algorithmic Markets: Liquidity, Contingency, and the Incomputability of Exchange, by Laura Lotti; ‘Crises of Modernity’ Discourses and the Rise of Financial Technologies in a Contested Mechanized World, by Marinus (...) Ossewaarde; Two Technical Images: Blockchain and High-Frequency Trading, by Diego Viana; and The Blockchain as a Narrative Technology: Investigating the Social Ontology and Normative Configurations of Cryptocurrencies, by Wessel Reijers and Mark Coeckelbergh. (shrink)

Thomas Pogge has argued that typical citizens of affluent nations participate in an unjust global order that harms the global poor. This supports his conclusion that there are widespread negative institutional duties to reform the global order. I defend Pogge’s negative duty approach, but argue that his formulation of these duties is ambiguous between two possible readings, only one of which is properly confined to genuinely negative duties. I argue that this ambiguity leads him to shift illicitly between negative and (...) positive duties, and ultimately to overstate the extent of the negative ones. I also argue that recognition of this ambiguity makes it possible to draw a meaningful distinction between the relevant positive and negative duties, and that Pogge’s analysis can therefore be revised in a way that reveals substantial negative institutional duties to the global poor, albeit less extensive ones than Pogge asserts. In order to demonstrate this, I discuss two aspects of the global order that Pogge has criticized: the system of intellectual property rights in pharmaceuticals and the rights of de facto rulers to dispose of a nation’s natural resources. In each case, although I do not specify the relevant negative institutional duties precisely, I try to identify intelligible questions whose answers would reveal genuinely negative duties and show that their likely answers are distinct from the conclusions asserted by Pogge and suggested by his analysis. (shrink)

The expanding moral circle lends coherence to the usual hodge-podge of canonical RCR topics. As it is in a person’s own interest to report falsification, understand fabrication, avoid plagiarism, beware of intuition, and justify one’s decisions, it is useful to begin RCR discussions with the principle that we ought to do what is in our own long-term best interests. As it is in the interest of a person’s research group to articulate their reasons for their conclusions, to write cooperatively, review (...) manuscripts professionally, and report statistics transparently, one can introduce the principle that we ought to keep our promises and contracts. As it is a basic matter of rights to respect human subjects, mentor inclusively, recognize intellectual property, and reveal both conflicts of interests and collaborations with private industry, an RCR instructor can introduce the idea that we ought to respect each individual’s moral rights. Finally, as many animals can feel pain, are subjects of their own lives, and have interests of their own, we must take seriously our role in their welfare as research subjects. In this last step, we expand the circle fully, considering animal experimentation, duties to future generations and the natural environment, and the larger social responsibilities of researchers while adopting a utilitarian principle: We ought to do what will maximize aggregate happiness. (shrink)

For many employees, ‘work’ is no longer something performed while sitting at a computer in an office. Employees in a growing number of industries are expected to carry mobile devices and be available for work-related interactions even when beyond the workplace and outside of normal business hours. In this article it is argued that a future step will increasingly be to move work-related information and communication technology (ICT) inside the human body through the use of neuroprosthetics, to create employees who (...) are always ‘online’ and connected to their workplace’s digital ecosystems. At present, neural implants are used primarily to restore abilities lost through injury or illness, however their use for augmentative purposes is expected to grow, resulting in populations of human beings who possess technologically altered capacities for perception, memory, imagination, and the manipulation of physical environments and virtual cyberspace. Such workers may exchange thoughts and share knowledge within posthuman cybernetic networks that are inaccessible to unaugmented human beings. Scholars note that despite their potential benefits, such neuroprosthetic devices may create numerous problems for their users, including a sense of alienation, the threat of computer viruses and hacking, financial burdens, and legal questions surrounding ownership of intellectual property produced while using such implants. Moreover, different populations of human beings may eventually come to occupy irreconcilable digital ecosystems as some persons embrace neuroprosthetic technology, others feel coerced into augmenting their brains to compete within the economy, others might reject such technology, and still others will simply be unable to afford it. In this text we propose a model for analyzing how particular neuroprosthetic devices will either facilitate human beings’ participation in new forms of socioeconomic interaction and digital workplace ecosystems – or undermine their mental and physical health, privacy, autonomy, and authenticity. We then show how such a model can be used to create device ontologies and typologies that help us classify and understand different kinds of advanced neuroprosthetic devices according to the impact that they will have on individual human beings. (shrink)

Many attempts to define privacy have been made over the last century. Early definitions and theories of privacy had little to do with the concept of information and, when they did, only in an informal sense. With the advent of information technology, the question of a precise and universally acceptable definition of privacy in this new domain became an urgent issue as legal and business problems regarding privacy started to accrue. In this paper, I propose a definition of informational privacy (...) that is simple, yet strongly tied with the concepts of information and property. Privacy thus defined is similar to intellectual property and should receive commensurate legal protection. (shrink)

This article addresses two issues. First, it critiques a prominent position regarding how affluent states should balance their national interest on the one hand and their duty to aid developing states on the other. Second, it suggests that absent a principled way to balance national interest with international aid, a state’s more immediate concern is to comply with its negative duty to not harm other states. To support this position, the article constructs a conception of harm that may be applied (...) to questions regarding a state’s negative duties, focusing upon the example of the Trade-Related Aspects of Intellectual Property Rights Agreement (TRIPS). (shrink)

Since the 2008 financial crisis, the attempts to use Karl Polanyi's framework to make sense of current developments have multiplied, producing a noticeable and lively debate. This debate centres on the notion of double movement put forward by the Hungarian thinker in his masterpiece – The Great Transformation. The paper is a contribution to this debate. The first part addresses a series of questions that make the interpretations of the double movement advanced so far not very compelling. To this end, (...) a close reading of Polanyi's text, with the aim of dismantling and rearticulating its analytical structure, is carried out. The upshot is a dynamic and multistage picture of the double process as a recurrent and vortex-like attempt to progressively commodify natural and social resources against growing opposition. The second part employs this revised reading of the double movement to explain the collapse of the postwar consensus politics, the success of the neoliberal counterrevolution and the development of the knowledge economy. The claim put forward here is that, in addition to sustained efforts to deepen previous forms of commodification (land, labour and money), we are witnessing a fullblown attempt to turn knowledge into a new fictitious commodity. Building on the idea of digital Taylorism, the paper tries to show that information and computer technologies are being used to standardise and routinise a growing number of intellectual, professional and managerial activities which were able to escape previous attempts in this direction. Once again, at the forefront of this process there are powerful state actors, who are using New Public Management policies strategically to: support the enclosure of intangible cultural resources through the creation of intellectual property rights regimes, and undermine the counter-reaction of negatively affected societal actors by rising the collective action problems they face. (shrink)

We intend to analyze the plausibility of the two kind of ethical justifications that are most commonly used in order to defend the concept of an “intellectual property” of copyrights. Firstly, we will examine justifications of property based on natural law, like the one originally provided by John Locke. We will argue, with the help of authors like Lysander Spooner, that the same arguments that Locke uses for property in general are entirely applicable to intellectual (...) property, although this is certainly a peculiar kind of property. Secondly, we will examine whether or not we can apply to intellectual property the same two arguments that Utilitarian authors use for justifying property in general: the “tragedy of the commons” argument and the scarcity argument. We will claim that the first one is fully pertinent here, and that the second one is not: but this is a problem of that kind of justification of property in general, and not a problem of intellectual property as such. (shrink)

This paper investigates a problem about freedom of information. Although freedom of information is generally considered desirable, there are a number of areas where there is substantial agreement that freedom of information should be limited. After a certain ordering of the landscape, I argue that we need to add the category of "dangerous" information and that this category has gained a new quality in the context of current information technology, specifically the Internet. This category includes information the use of which (...) would be morally wrong as well as some of what may be called "corrupting" information. Some such information should not be spread at all and some should be very limited in its spread. (shrink)

This essay examines the metaphysical foundation of Leibniz’s theory of space against the backdrop of the subtantivalism/relationism debate and at the ontological level of material bodies and properties. As will be demonstrated, the details of Leibniz’ theory defy a straightforward categorization employing the standard relationism often attributed to his views. Rather, a more careful analysis of his metaphysical doctrines related to bodies and space will reveal the importance of a host of concepts, such as the foundational role of God, the (...) holism of both geometry and the material world’s interconnections, and the viability and adequacy of a property theory in characterizing his natural philosophy of space. (shrink)

It is very well known that from the late-1960s onwards Feyerabend began to radically challenge some deeply-held ideas about the history and methodology of the sciences. It is equally well known that, from around the same period, he also began to radically challenge wider claims about the value and place of the sciences within modern societies, for instance by calling for the separation of science and the state and by questioning the idea that the sciences served to liberate and ameliorate (...) human societies. But what is less known is how, if at all, these two sets of challenges were connected, and why Feyerabend felt it important to raise them at all. In this chapter, my aim is to explore these issues by considering why Feyerabend used radical strategies to challenge the authority of science, and what purpose, if any, they were supposed to serve. Why, for instance, did Feyerabend defend alternative medicine, psychical abilities, astrology, magic and witchcraft and why did he argue that ‘Western science’ is complicit in environmental destruction, intellectual imperialism, social oppression, and spiritual destitution. Located in their historical and political context, such defences and arguments seem peculiar, not least because science was recognised not only as a central site of the intellectual and ideological competition between the West and the Soviet Union, but also because Western victory in that site was considered inevitable. What, then, did Feyerabend think he was trying to achieve by raising radical challenges to a central component of the cultural and intellectual prestige of the Western world grounded in appeals to practices and traditions which most would regard as eccentric at best and absurd at worst? My suggestion is that Feyerabend was making a subtler point than one might suppose. For the purpose of these radical challenges was to determine if the members of Western societies would in fact honour the epistemic standards – of tolerance, critical enquiry – which were identified as being characteristic of science and definitive of the social and political values of Western liberal democracy. I suggest that Feyerabend was trying to demonstrate that scientists were, too often, guilty of the same intolerant and dogmatic attitudes which were, according to prevailing propaganda, the property of illiberal totalitarian societies. Science does not reflect the superior epistemic and political values of Western societies but are, in fact, reflective of the same vices ascribed to the Soviet Union. If that is the case, then the sciences are not symbols of our epistemic and political values, but quite the reverse, hence Feyerabend’s talk of the ‘dogmatic’, ‘totalitarian’, ‘ratiofascist’ nature of modern science. But there is a positive upshot to Feyerabend’s challenge. For even if the sciences do not yet reflect the epistemic and political values of liberal democratic Western societies, they might yet be reformed so that they are. And there is a parallel between Feyerabend’s strategy and that of many of the other radicals of the time – student activists, environmentalists, and pacifists – namely to test the commitment to tolerance and deliberative debate of the establishment by asking it to seriously engage with ideas and convictions opposed to its own. For both science and society can become ‘tyrannical’ through the same means: by exempting themselves from critical scrutiny, by promoting self-serving ‘myths’ about themselves, and by derogating and excluding alternatives, including the ‘outsider’ perspectives they offer. The chapter concludes by suggesting that Feyerabend is distinctive in virtue of his willingness to offer radical criticisms of the authority of science such that it can fulfil its legitimate ideological role – namely, of symbolising and instantiating our core epistemic and political values – such that we can offer a sincere and meaningful answer to Feyerabend’s question ‘what’s so great about science?’. (shrink)

Capitalism: The Birth of an Idea. Amongst the Enlightenment’s emancipatory slogans was a call for the liberation of economic energy, a call that was most fully expressed by Adam Smith in Inquiry into the Nature and Causes of the Wealth of Nations. Smith provided a final analysis of the mercantilist system that had been prevailing from the beginning of the sixteenth century. By justifying the superiority of the free market economy models, Smith created the intellectual foundations for the capitalist (...) order. He proposed a model for the production and distribution of goods that was based on two pillars: the right to private property and free market institutions. The vision of capitalism created by Smith was a system of power and freedom: a system of individual sovereignty over the world of objects and a system of the free circulation of goods. The combination of these two principles resulted in a coherent system which, when used in practice, has shown remarkable efficiency. Smith’s work proved to be a reliable way to achieve worldly success, one that has worked wherever it was tried out. Capitalism, and the accompanying moral philosophy, was the most commonly pursued idea of the eighteenth century. (shrink)

I have two aims in this paper. In §§2-4 I contend that Moore has two arguments (not one) for the view that that ‘good’ denotes a non-natural property not to be identified with the naturalistic properties of science and common sense (or, for that matter, the more exotic properties posited by metaphysicians and theologians). The first argument, the Barren Tautology Argument (or the BTA), is derived, via Sidgwick, from a long tradition of anti-naturalist polemic. But the second argument, the (...) Open Question Argument proper (or the OQA), seems to have been Moore’s own invention and was probably devised to deal with naturalistic theories, such as Russell’s, which are immune to the Barren Tautology Argument. The OQA is valid and not (as Frankena (1939) has alleged) question-begging. Moreover, if its premises were true, it would have disposed of the desire-to-desire theory. But as I explain in §5, from 1970 onwards, two key premises of the OQA were successively called into question, the one because philosophers came to believe in synthetic identities between properties and the other because it led to the Paradox of Analysis. By 1989 a philosopher like Lewis could put forward precisely the kind of theory that Moore professed to have refuted with a clean intellectual conscience. However, in §§6-8 I shall argue that all is not lost for the OQA. I first press an objection to the desire-to-desire theory derived from Kripke’s famous epistemic argument. On reflection this argument looks uncannily like the OQA. But the premise on which it relies is weaker than the one that betrayed Moore by leading to the Paradox of Analysis. This suggests three conclusions: 1) that the desire-to-desire theory is false; 2) that the OQA can be revived, albeit in a modified form; and 3) that the revived OQA poses a serious threat to what might be called semantic naturalism. (shrink)

James Rule is puzzled by the ‘idiosyncratic’ approach that I take to the philosophical study of privacy. As evidence for this idiosyncracy, he cites my relative indifference to the distinction between consequentialist and deontological perspectives on privacy although these differences are proof of ‘intricate, yet enormously consequential intellectual tensions’. My choice of philosophical topics is ‘unsystematic’ and more a reflection of my own ‘intellectual hobby-horses’ than a ‘well-worked-out view of what students most need to know’. Finally, Rule concludes, (...) because ‘the most important privacy questions are excruciating’, we need ‘more systematic guidance than is provided here’. I am grateful to the editors for the chance to respond to these complaints. (shrink)