The following is a short essay I wrote for a class. You can find the assignment at http://docs.google.com/Doc?id=dfg2w7wz_116djgxvnf4
Intellectual property is defined by the World Intellectual Property Organization to be industrial property (patents, trademarks, and trade secrets) and copyrights (“What is Intellectual Property”). There have been several debates over whether to do away with some or all of “intellectual property” laws . In the software industry, organizations such as the Free Software Foundation have launched campaigns against software patents to ensure innovation flourishes (Free Software Foundation, 2008). Meanwhile, organizations such as the RIAA has pressured Congress to enact stricter copyright enforcement laws (Bangeman, 2008). Several copyleft licenses have been created by those favoring less restrictive copyright policies. Two economics professors, Michele Boldrin and David Levine, have taken a step further arguing in their recently published book, Against Intellectual Monopoly, that “intellectual property” is neither property nor does it favor innovation (Boldrin & Levine, 2008).
Intellectual property advocates, such as the RIAA and the have lobbied various governing bodies to protect their creative ideas from being “stolen”, however intellectual property is not real property. Tangible property is scare in availability. That is, the owner of tangible property loses his property when it is stolen from him. Ideas do not possess this attribute and are not the subject of “interpersonal conflict” (Kinsella, 2001, p. 19-31). Tangible property is acquired initially through a principle known homesteading, the acquisition of property by possessing it first. Intellectual property introduces a new principle of homesteading in which the creator of an idea can restrict others from using his idea with their property (Kinsella, 2001, p. 31-33). Enforcing intellectual property leads invading the privacy of others. Organizations such as the RIAA have lobbied so they could spy on Internet packets to prevent piracy. Some software companies perform audits on their customer’s machines to ensure only no pirated software is installed (Boldrin & Levine). Intellectual property restricts how one may use his own property effectively transferring partial rights of the tangible property to the copyright or patent holder (Boldrin & Levine).
Legislation in favor of intellectual property should be immediately repealed since copyrights and patents do not serve to protect real property, but to prevent competition against producers. Additionally the U.S. Constitution should be amended so that Congress may no longer grant limited monopolies for creative works; Article 1 Clause 8 of the Constitution should be repealed. This will promote more competition and innovation in the marketplace.
References:
Bangeman, Eric. (2008, April 21). RIAA spent $2 million lobbying for tougher IP laws in 2007. Retrieved February 15, 2009, from http://arstechnica.com/tech-policy/news/2008/04/riaa-spent-2-million-lobbying-for-tougher-ip-laws-in-2007.ars
Boldrin, M., & Levine, D. K. (2008, January 2). Against Intellectual Monopoly. Retrieved February 15, 2009, from http://levine.sscnet.ucla.edu/general/intellectual/againstfinal.htm
Boldrin, M., & Levine, D. K. Property Rights and Intellectual Monopoly. Retrieved February 15, 2009, from http://levine.sscnet.ucla.edu/general/intellectual/coffee.htm
Free Software Foundation. (2008, February 28). End Software Patents (ESP) Project Formed to Eliminate Software Patents. Retrieved from http://www.fsf.org/news/end-soft-patents
Kinsella, N.S. (2001, Spring). Against intellectual property. Journal of Libertarian Studies, 15(2), 1-53.
Kinsella, N.S. IP Sites and Resources. Retrieved February 15, 2009, from http://www.stephankinsella.com/ip/
World Intellectual Property Organization. What is Intellectual Property?. Retrieved February 15, 2009, from http://www.wipo.int/about-ip/en/
