Chapter 5:Personality-based, rule-utilitarian, and Lockean Justifications of Intellectual Property

 

Amazon Link: http://www.amazon.com/Handbook-Information-Computer-Ethics/dp/0471799599

 

What I expect to learn?

I expect to learn about personality-based, rule-utilitarian and intellectual property.

 

Quote:

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Review:

Personality theorists maintain that intellectual property is an extension of individual personality. Rule-utilitarians ground intellectual property rights in social progress and incentives to innovate. Lockeans argue that rights are justified in relation to labor and

merit. Personality-based defenders maintain that intellectual property is an extension of individual personality. the government grants rights as an incentive for the production of intellectual works, and production of this sort, in turn, maximizes social progress. Society ought to adopt a system or institution if and only if it leads to or, given our best estimates, is expected to lead to the maximization of overall social utility. A system or institution that confers limited rights to authors and inventors over what they produce is a necessary incentive for the production of intellectual works. Promoting the creation and dissemination of intellectual works produces an optimal amount of social progress. The justification typically given for the “fair use” rule is that the disvalue of limiting the rights of authors is overbalanced by the value of greater access. Whatever value theory that is ultimately correct, if it has the ability to determine bettering and worsening with reference to acquisitions, then Pareto-superior moves can be made and acquisitions justified on Lockean grounds. Authors and inventors who better our lives by creating intellectual works have rights to control what they produce.

 

What I Learned?

1.  Personality-based 
2.  rule-utilitarian 
3. Lockean Justifications of Intellectual Property

 

Integrative Question:

1. What are the three form of intellectual property?
2. What does personality have?
3. What does rule-utilitarian is?
4. What does lockean argue?
5. What is the conclusion of the chapter?

 

Discussion:

1. What are the three form of intellectual property?

personality, rule-utilitarian, lockean view

 

1. What does personality have?

Personality theorists maintain that intellectual property is an extension of individual personality.

 

1. What does rule-utilitarian is?

Rule-utilitarians ground intellectual property rights in social progress and incentives to innovate.

 

1. What does lockean argue?

Lockeans argue that rights are justified in relation to labor and

merit.

 

1. What does personality-based justify?

Personality-based defenders maintain that intellectual property is an extension of

individual personality.

 

1. What does Hegel wrote for personality base?

The purely negative, but most basic, means of

furthering the sciences and arts is to protect those who work in them against theft andprovide them with security for their property.

 

1. What does rule-utilitarian argue about?

It is argued that adopting the systems of

copyright, patent, and trade secret, leads to an optimal amount of intellectual works

being produced and a corresponding optimalamount of social utility

 

1. What can the government do in incentives of rule-utilitarian?

the government grants rights as an incentive for

the production of intellectual works, and production of this sort, in turn, maximizes

social progress.

 

1. What is the first premise?

Society ought to adopt a system or institution if and only if it leads to

or, given our best estimates, is expected to lead to the maximization of overall

social utility.

 

1. What is the second premise?

A system or institution that confers limited rights to authors and

inventors over what they produce is a necessary incentive for the production of

intellectual works.

 

1. What is the third premise?

Promoting the creation and dissemination of intellectual works

produces an optimal amount of social progress.

 

1. What are patent alternative incentive?

One alternative to granting patent rights to inventors as incentive is government

support of intellectual labour

 

1. What can the alternative to copyright have?

A reward model may also be more cost effective than copyright protection, especially

given the greater access that reward models offer.

 

1. What are the right of author justification?

The justification typically given for the “fair use” rule is that the disvalue of limiting

the rights of authors is overbalanced by the value of greater access.

 

1. What can trade secret and social utility be?

Trade secret protection appears to be the most troubling from an incentives-based

perspective.

 

1. What is the rule utilitarian agree on?

The rule utilitarian may well agree with

many of these criticisms and yet still maintain that intellectual property rights, in some

form, are justified.

 

1. What does the rule utilitarian argues?

the rule utilitarian has the resources to argue for

specific institutions of property relations.

 

1. What is the final strategy in intellectual property?

A final strategy for justifying intellectual property rights begins with the claim

that individuals are entitled to control the fruits of their labor.

 

1. What does DAvid hume argue?

David Hume argued that the idea of mixing one's labor is incoherent—actions cannot be mixed with objects.

 

1. What did John locke said?

For this labor being the unquestionable property of the laborer, no

man but he can have a right to what that is once joined to, at least where there is

enough and as good left for others.

 

1. What does proviso permits?

The proviso permits individuals to better themselves so long as no one is worsened

 

1. What does the author wants to consider?

I will briefly consider the plausibility of a Pareto-based

proviso as a moral principle.

 

1. What is good about loackean theory?

the Lockean theory of intangible property being developed is

consistent with a wide range of value theories.

 

1. What to be consider in pareto-superior moves?

Whatever value theory that is ultimately correct, if it has the ability to determine

bettering and worsening with reference to acquisitions, then Pareto-superior moves

can be made and acquisitions justified on Lockean grounds.

 

1. What are the step to put the Lockean argument for intellectual property

rights is?

The Generation of Prima Facie Claims to Contro

Locke's Proviso

From Prima Facie Claims to Property Rights

 

1. What to be conclude on the the Lockean argument for intellectual property?

the proviso is satisfied, the prima facie

claims that labor and effort may generate turn into property claims.

 

1. What is the conclusion of the chapter?

Authors and inventors who better our lives by creating intellectual works

have rights to control what they produce.