Personality-Based, Rule-Utilitarian, and Lockean Justifications of Intellectual Property PDF Download
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Author: Adam D. Moore
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
In this article, I will present and examine personality-based, rule-utilitarian, and Lockean justifications for intellectual property. Care is needed so that we do not confuse moral claims with legal ones. The brief sketch of Anglo-American and Continental systems of intellectual property below, focuses on legal conceptions and rights while the arguments that follow -- personality based, utilitarian, and Lockean -- are essentially moral. I will argue that there are justified moral claims to intellectual works -- claims that are strong enough to warrant legal protection.
Author: Adam D. Moore
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
In this article, I will present and examine personality-based, rule-utilitarian, and Lockean justifications for intellectual property. Care is needed so that we do not confuse moral claims with legal ones. The brief sketch of Anglo-American and Continental systems of intellectual property below, focuses on legal conceptions and rights while the arguments that follow -- personality based, utilitarian, and Lockean -- are essentially moral. I will argue that there are justified moral claims to intellectual works -- claims that are strong enough to warrant legal protection.
Author: Robert P. Merges
Publisher: Harvard University Press
ISBN: 0674266080
Category : Law
Languages : en
Pages : 422
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Book Description
Why should a property interest exist in an intangible item? In recent years, arguments over intellectual property have often divided proponents—who emphasize the importance of providing incentives for producers of creative works— from skeptics who emphasize the need for free and open access to knowledge. In a wide-ranging and ambitious analysis, Robert P. Merges establishes a sophisticated rationale for the most vital form of modern property: IP rights. His insightful new book answers the many critics who contend that these rights are inefficient, unfair, and theoretically incoherent. But Merges’ vigorous defense of IP is also a call for appropriate legal constraints and boundaries: IP rights are real, but they come with real limits. Drawing on Kant, Locke, and Rawls as well as contemporary scholars, Merges crafts an original theory to explain why IP rights make sense as a reward for effort and as a way to encourage individuals to strive. He also provides a novel explanation of why awarding IP rights to creative people is fair for everyone else in society, by contributing to a just distribution of resources. Merges argues convincingly that IP rights are based on a solid ethical foundation, and—when subject to fair limits—these rights are an indispensable part of a well-functioning society.
Author: Kenneth E. Himma
Publisher: John Wiley & Sons
ISBN: 0470281804
Category : Technology & Engineering
Languages : en
Pages : 705
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Book Description
This handbook provides an accessible overview of the most important issues in information and computer ethics. It covers: foundational issues and methodological frameworks; theoretical issues affecting property, privacy, anonymity, and security; professional issues and the information-related professions; responsibility issues and risk assessment; regulatory issues and challenges; access and equity issues. Each chapter explains and evaluates the central positions and arguments on the respective issues, and ends with a bibliography that identifies the most important supplements available on the topic.
Author: Stephen R. Munzer
Publisher: Cambridge University Press
ISBN: 9780521640015
Category : Business & Economics
Languages : en
Pages : 232
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Book Description
This collection of essays examines central issues of property theory from a variety of perspectives.
Author: Adam Moore
Publisher: Routledge
ISBN: 1351512137
Category : Law
Languages : en
Pages : 400
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Book Description
Computer technology and the proliferation of digital networks have radically altered how ideas and information are gathered and manipulated and generated new conflicts between public use and private rights. These conflicts raise serious problems: Are abstract ideas and information proper subjects of ownership? What role should privacy rights play? How does the violation of intellectual property rights compare morally to the violation of physical property rights? Now available in paperback, Intellectual Property and Information Control provides answers and strategies for dealing with these and other questions while mounting a philosophical defense of rights to intellectual and intangible property.As the book shows, a policy that allows too much access may stymie innovation and cause individuals to isolate themselves. At the other extreme, huge, multinational corporations may hold as intangible property vast amounts of knowledge, including sensitive personal information. Through discussions of patent law, fair use, and practical problems such as privacy in the workplace, Moore demonstrates that intellectual and intangible property rights exist along with privacy rights. The latter will sometimes constrain what can be done with the former.
Author: Roman Z. Morawski
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3111180034
Category : Computers
Languages : en
Pages : 566
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Book Description
Unlike the bulk majority of publications on philosophy of science and research ethics, which are authored by professional philosophers and intended for philosophers, this book has been written by a research practitioner and intended for research practitioners. It is distinctive by its integrative approach to methodological and ethical issues related to research practice, with special emphasis of mathematical modelling and measurement, as well as by attempted application of engineering design methodology to moral decision making. It is also distinctive by more than 200 real-world examples drawn from various domains of science and technology. It is neither a philosophical treaty nor a quick-reference guide. It is intended to encourage young researchers, especially Ph.D. students, to deeper philosophical reflection over research practice. They are not expected to have any philosophical background, but encouraged to consult indicated sources of primary information and academic textbooks containing syntheses of information from primary sources. This book can be a teaching aid for students attending classes aimed at identification of methodological and ethical issues related to technoscientific research, followed by introduction to the methodology of analysing dilemmas arising in this context.
Author: Lionel Bently
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 274
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Book Description
The essays collected in this volume cover a wide range of ethical theories and draw on a variety of issues in intellectual property law. There are a number of substantial contributions on such topics ranging from the justification of intellectual property rights and the ethical underpinnings of familiar legal concepts, to the ethical dimensions of the encounter between intellectual property law and new geographies, spaces and cultures.
Author: Charles Ess
Publisher: John Wiley & Sons
ISBN: 0745655009
Category : Social Science
Languages : en
Pages : 343
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Book Description
This is the first textbook on the central ethical issues of digital media, ranging from computers and the Internet to mobile phones. It is also the first book of its kind to consider these issues from a global perspective, introducing ethical theories from multiple cultures. It further utilizes examples from around the world, such as the publication of “the Mohammed Cartoons”; diverse understandings of what “privacy” means in Facebook or MySpace; why pirating CDs and DVDs may be justified in developing countries; and culturally-variable perspectives on sexuality and what counts as “pornography.” Readers and students thus acquire a global perspective on the central ethical issues of digital media, including privacy, copyright, pornography and violence, and the ethics of cross-cultural communication online. The book is designed for use across disciplines – media and communication studies, computer science and informatics, as well as philosophy. It is up-to-date, accessible and student- and classroom-friendly: each topic and theory is interwoven throughout the volume with detailed sets of questions that foster careful reflection, writing, and discussion into these issues and their possible resolutions. Each chapter further includes additional resources and suggestions for further research and writing.
Author: N. Stephan Kinsella
Publisher: Ludwig von Mises Institute
ISBN: 161016492X
Category : Copyright
Languages : en
Pages : 73
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Book Description
Author: Adam Daniel Moore
Publisher: University of Washington Press
ISBN: 0295803665
Category : Computers
Languages : en
Pages : 458
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Book Description
This anthology focuses on the ethical issues surrounding information control in the broadest sense. Anglo-American institutions of intellectual property protect and restrict access to vast amounts of information. Ideas and expressions captured in music, movies, paintings, processes of manufacture, human genetic information, and the like are protected domestically and globally. The ethical issues and tensions surrounding free speech and information control intersect in at least two important respects. First, the commons of thought and expression is threatened by institutions of copyright, patent, and trade secret. While institutions of intellectual property may be necessary for innovation and social progress they may also be detrimental when used by the privileged and economically advantaged to control information access, consumption, and expression. Second, free speech concerns have been allowed to trump privacy interests in all but the most egregious of cases. At the same time, our ability to control access to information about ourselves--what some call "informational privacy"--is rapidly diminishing. Data mining and digital profiling are opening up what most would consider private domains for public consumption and manipulation. Post-9/11, issues of national security have run headlong into individual rights to privacy and free speech concerns. While constitutional guarantees against unwarranted searches and seizures have been relaxed, access to vast amounts of information held by government agencies, libraries, and other information storehouses has been restricted in the name of national security.
