Are intellectual property rights compatible with Rawlsian principles of justice?

Ethics and Information Technology 14 (2):109-121 (2012)
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Abstract

This paper argues that intellectual property rights are incompatible with Rawls’s principles of justice. This conclusion is based upon an analysis of the social stratification that emerges as a result of the patent mechanism which defines a marginalized group and ensure that its members remain alienated from the rights, benefits, and freedoms afforded by the patent product. This stratification is further complicated, so I argue, by the copyright mechanism that restricts and redistributes those rights already distributed by means of the patent mechanism. I argue that the positions of privilege established through both the patent and the copyright mechanisms are positions that do not “allow the most extensive liberty compatible with a like liberty for all.” They do not “benefit the least advantaged.” Nor are they “open to all under conditions of fair equality of opportunity.” In making this argument I critically assess the utilitarian defense of intellectual property rights and find it insufficient to respond to the injustices manifest in our current arrangement for the protection of intellectual property rights

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2012-02-08

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D. J. Murphy
Wilfrid Laurier University

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References found in this work

Anarchy, State, and Utopia.Robert Nozick - 1974 - New York: Basic Books.
A Theory of Justice: Revised Edition.John Rawls - 1999 - Harvard University Press.
Anarchy, State, and Utopia.Robert Nozick - 1974 - Philosophy 52 (199):102-105.
Intellectual property.Adam Moore - forthcoming - Stanford Encyclopedia of Philosophy.
Locke, intellectual property rights, and the information commons.Herman T. Tavani - 2005 - Ethics and Information Technology 7 (2):87-97.

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