David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Constellations 10 (1):113-134 (2003)
In this paper I critically examine recent developments in intellectual property law. In particular, from a point of view informed primarily by Marx and Foucault, I study (a) the rhetoric surrounding the Metallica lawsuit against Napster; (b) a pair of conflicting trademark cases surrounding the ownership of a word on the Internet; and (c) the software industry's move to win approval for “shrink-wrap” or “click here” licenses. I conclude that these developments indicate a new form of disciplinary power, where people are individuated ex ante as consumers. Despite the celebrations of market cyberlibertarians, this move actually masks an increase in overt state power as the state apparatus is invoked to force individuals to agree to behave as disciplined consumers and accede to the system in the first place.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
Gordon Hull (2009). Overblocking Autonomy: The Case of Mandatory Library Filtering Software. [REVIEW] Continental Philosophy Review 42 (1):81-100.
Similar books and articles
Antonio Argandoña (2003). Private-to-Private Corruption. Journal of Business Ethics 47 (3):253 - 267.
Robin Kundis Craig, A Comparative Guide to the Western States' Public Trust Doctrines: Public Values, Private Rights, and the Evolution Toward an Ecological Public Trust.
Nicholas Dorn & Michael Levi, Private-Public or Public-Private? Strategic Dialogue on Serious Crime and Terrorism in the EU.
Neil MacCormick (2007). Institutions of Law: An Essay in Legal Theory. Oxford University Press.
Patricia Smith (ed.) (1993). The Nature and Process of Law: An Introduction to Legal Philosophy. Oxford University Press.
John Arthur & William H. Shaw (eds.) (2010). Readings in the Philosophy of Law. Pearson Prentice Hall.
Added to index2009-01-28
Total downloads3 ( #333,674 of 1,410,123 )
Recent downloads (6 months)0
How can I increase my downloads?