The Case Against Intellectual Property
Year: 2012
Type: book-chapter
Abstract: The purpose of property rights is to allocate owners of scarce resources to permit peaceful, cooperative, productive use of these resources. For external, non-bodily resources, this allocation is done in accordance with the libertarian-Lockean first-use/first-own homesteading principle. So-called intellectual property rights such as patent and copyright are monopoly privileges granted by the state that dilute and undermine property rights in scarce resources. This chapter explores the nature of property rights and argues that intellectual property is incompatible with genuine private property rights. The chapter also criticizes utilitarian arguments in favor of intellectual property as being fallacious in terms of ethics, methodology, and economics.
Source: Springer eBooks
Author: Stephan Kinsella
Language: English
Topic: Intellectual Property Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W980088660
