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Intellectual Property Rights in Software—Justifiable from a Liberalist Position? The Free Software Foundations Position in Comparison to John Locke's Concept of Property

Kai Kimppa, Intellectual Property Rights in Software—Justifiable from a Liberalist Position? The Free Software Foundations Position in Comparison to John Locke's Concept of Property. In: Herman T. Tavani Richard A. Spinello (Ed.), Intellectual Property Rights in a Networked World: Theory and Practice, 67-82, Idea Group Publishing, Hershey, PA, USA, 2004.

Abstract:

This paper offers a new view in how justifiable the current liberalist view on intellectual property rights (IPR's) in software actually is if based on Locke's Second Treatise and especially on Chapter 5, “Of Property”, which has traditionally been seen as the starting point of liberalist argument for property – be it immaterial or material. In this paper will be shown how in Locke the possibility of property in the immaterial is denounced and how that in fact fits the position of the Free Software Foundation to both patents or copyright in software, GNU General Public License (GPL) being the main example of this.

BibTeX entry:

@INBOOK{cKimppa04a,
  title = {Intellectual Property Rights in Software—Justifiable from a Liberalist Position? The Free Software Foundations Position in Comparison to John Locke's Concept of Property},
  booktitle = {Intellectual Property Rights in a Networked World: Theory and Practice},
  author = {Kimppa, Kai},
  editor = {Richard A. Spinello, Herman T. Tavani},
  publisher = {Idea Group Publishing, Hershey, PA, USA},
  pages = {67-82},
  year = {2004},
  keywords = {Intellectual Property Rights, Locke, Liberalism, Free Software, Information Ethics, Intellectual Commons},
}

Belongs to TUCS Research Unit(s): Other

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