Intellectual property typically involves claims of ownership of types, rather than particulars. In this article I argue that this difference in ontology makes an important moral difference. In particular I argue that there cannot be an intrinsic moral right to own intellectual property. I begin by establishing a necessary condition for the justification of intrinsic moral rights claims, which I call the Rights Justification Principle. Briefly, this holds that if we want to claim that there is an intrinsic moral right (...) to φ, we must be able to show that (a) violating this right would typically result in either a wrongful harm or other significant wrong to the holder of the right, and (b) the wrongful harm or other wrong in question is independent of the existence of the intrinsic right we are trying to justify. I then argue that merely creating a new instance of a type is not the kind of action which can wrongfully harm the creator of that type. Insofar as there do seem to be wrongs involved in copying a published poem or computer program, these wrongs presuppose the existence of an intrinsic right to own intellectual property, and so cannot be used to justify it. I conclude that there cannot be an intrinsic right to own intellectual property. (shrink)

Research Articles Adam Mossoff, Social Philosophy and Policy, FirstView Article.

Critics of Robert Nozick's libertarian political theory often allege that the theory in general and its account of property rights in particular lack sufficient foundations. A key difficulty is thought to lie in his account of how portions of the world which no one yet owns can justly come to be initially acquired. But the difficulty is illusory, because the concept of justice does not meaningfully apply to initial acquisition in the first place. Moreover, the principle of self-ownership provides a (...) solid foundation for Nozick's libertarianism, and when seen in the light of that principle and its full implications, the standard purported examples of injustices in acquisition are revealed to be nothing of the kind. Footnotesa The original draft of this paper was written in the summer of 2002 while I was a Visiting Scholar at the Social Philosophy and Policy Center, Bowling Green State University. I thank the directors of the Center, Fred D. Miller, Jr., Ellen Frankel Paul, and Jeffrey Paul, for hosting me. I also thank colloquium audience members at Bowling Green State University for comments on that draft. (shrink)

In debates about the moral foundations of intellectual property, one very popular strand concerns the role of labor as a moral basis for intellectual property rights. This idea has a great deal of intuitive plausibility; but is there a way to make it philosophically precise? That is, does labor provide strong reasons to grant intellectual property rights to intellectual laborers? In this paper, I argue that the answer to that question is “yes”. I offer a new view, different from existing (...) labor theories of intellectual property, which I call the productive capacities view. This view gives us a way to make sense of the idea of labor as the basis for intellectual property rights, as well as a tool for critically evaluating existing intellectual property institutions. (shrink)

What system of morals should rational people select as the best for society? Using a contemporary psychological theory of action and of motivation, Richard Brandt's Oxford lectures argue that the purpose of living should be to strive for the greatest good for the largest number of people. Brandt's discussions range from the concept of welfare to conflict between utilitarian moral codes and the dictates of self-interest.

This book surveys the leading modern theories of property - Lockean, libertarian, utilitarian/law-and-economics, personhood, Kantian and human flourishing - and then applies those theories to concrete contexts in which property issues have been especially controversial. These include redistribution, the right to exclude, regulatory takings, eminent domain and intellectual property. The book highlights the Aristotelian human flourishing theory of property, providing the most comprehensive and accessible introduction to that theory to date. The book's goal is neither to cover every conceivable theory (...) nor to discuss every possible facet of the theories covered. Instead, it aims to make the major property theories comprehensible to beginners, without sacrificing accuracy or sophistication. The book will be of particular interest to students seeking an accessible introduction to contemporary theories of property, but even specialists will benefit from the book's lucid descriptions of contemporary debates. (shrink)

Including three of his most famous and important essays,Utilitarianism, On Liberty, and Essay onBentham, along with formative selections from Jeremy Benthamand John Austin, this volume provides a uniquely perspicuous viewof Mill's ethical and political thought. Contains Mill's most famous and influential works,Utilitarianism and On Liberty as well as hisimportant Essay on Bentham. Uses the 1871 edition of Utilitarianism, the last to bepublished in Mill's lifetime. Includes selections from Bentham and John Austin, the twothinkers who most influenced Mill. Introduction written by (...) Mary Warnock, a highly respected figurein 20th-century ethics in her own right. Provides an extensive, up-to-date bibliography with the bestscholarship on Mill, Bentham and Utilitarianism. (shrink)

When we talk about intellectual property, it is often implicitly assumed that we are talking about private intellectual property. However, private property and the idea of private ownership do not exhaust the possibilities for accounts of ownership and of property. There are other ways that ownership can operate, such as common property. A resource is common property if its use is ‘governed by rules whose point is to make them available for use by all or any members of the society.’.

This paper explores the possibility of extending Locke’s theory with respect to tangible property so that it might offer a feasible theoretical basis for intellectual property too. The main conclusion is that such an attempt must fail. Locke’s theory comes in three parts: a general justification of property which serves to explain why assets ought to be under the exclusive control of individuals; a positive method of private appropriation whereby an individual acquires a prima facie exclusive claim to previously commonly (...) held natural resources; and third, a negative requirement that other individuals’ crucial interests are not harmed by such an appropriation. For each of these, the difficulties involved in applying that part of the theory to the sphere of ideas are discussed, and a central aspect of intellectual property that raises the problems of application is highlighted. (shrink)