ABSTRACTThis paper examines the concept of biopiracy, which initially emerged to challenge various aspects of the regime for intellectual property rights in living organisms, as well as related aspects pertaining to the ownership and apportioning of benefits from ‘genetic resources’ derived from the world’s biodiversity.This paper proposes that we take the allegation of biopiracy seriously due to the impact it has as an intervention which indexes a number of different, yet interrelated, problematizations of biodiversity, biotechnology and IPR. Using (...) the neem tree case as an example, it describes activists’ use of the term as one that involves a deliberate simplification of science and IPR. Additionally, it argues that in so doing, biopiracy is positioned as a touchstone that mobilizes actors and problems, and ultimately generates ‘solutions’ to the very challenges it creates.The paper will also encourage a view of biopiracy claims that does not always treat them simply as claims of theft, or as a misallocation of benefits, but rather as claims that are designed to raise broader questions about the IPR system itself. It concludes by advocating that, in order to properly understand how to address biopiracy, we must be prepared to move beyond the current narrow readings to develop a more complete picture of the term’s influence in challenging how, and by whom, the decisions about what is natural and what is invented come to be made. (shrink)

Increasingly in certain circles the idea is growing up that ‘intellectual property is theft’. With companies being concentrated into multimedia groups, literary works being captured electronically, products being created for a mass-media culture, commercial exchange on a worldwide scale, the legitimacy of the creator's literary and artistic property is being challenged. Originally the ‘droit d'auteur’ or copyright were mainly protective rules laid down by law to regulate the author's status. The legal system of literary and artistic (...) ownership still ensures that creators receive revenue each time their works are reproduced, adapted or communicated to the public. In addition the droit d'auteur has another aspect through the existence of moral right, which establishes a personal link between author and work. It is true that moral right, which is sometimes seen as an obstacle to economic development, is almost non-existent in the systems of law recognizing copyright, which do not incorporate the same balance of interests as between the author and the company. On the other hand, in its formulation the droit d'auteur takes a more human approach and to say that intellectual property is theft would be equivalent to weakening, or even eradicating, a system that protects individual creators facing the reality of the exploitation of their work. This is why this criticism of legitimacy should, in my view, be considered in the context of a debate about the status of the author. The electronic capture of creative works has meant that the general public has easier access to them. (shrink)

This chapter contains section titled: Harm by Theft Possible Owners of Artworks Cultures and Inheritance Lost and Abandoned Property Cultural Property and Traditional Law Collective Knowledge and Collective Property Ownership of Land and Ownership of Art Property and Value to a Culture Cultures and Intellectual Property Some Conclusions About Ownership and Appropriation The Rescue Argument.

In March of 2014 Nature Publishing Group, responsible for the publication of journals such as Nature and ScientificAmerican, was subject to criticism for its requirement that contributing authors waive their moral rights in relation to their published articles. Some of the rights included under the umbrella term ‘moral rights’ are the right to have any copies of one’s work reproduced accurately and without alteration; the right to the accurate attribution of one’s work under one’s own name; and the right not (...) to have the work of others falsely attributed to oneself. The Nature Publishing case, from the criticism it sparked to the group’s own response, highlights a category error that occurs when moral rights are conceived of as property rights. Rather, moral rights are natural, non-proprietary rights. In correcting this category error it becomes evident that moral rights offences are not property offences, such as theft, but fraud offences—like plagiarism and forgery. Subsequently, whereas property rights, by definition, are able to be transferred or waived, it can be shown that no justification can be made for treating moral rights as transferrable or able to be waived. (shrink)

Social anthropology flourished in the 20th century but ethnographic methods and intensifying ‘creative destruction’ in the elaboration of theory have combined to deflect attention away from earlier concerns with long-term historical change. The ‘theft of history’ that took place within anthropology refers to this loss, which is not to be confused with healthy interdisciplinary borrowing. With the demise of the evolutionist paradigm and intensifying global connectivity, anthropologists have struggled to find a new balance between empirical ethnographic description, the interpretation (...) of other social worlds, and theoretical explanation. It is not so much that the canon has continued to change but that many practitioners no longer acknowledge any canon. The difficulties are illustrated with a critical discussion of the Anglophone anthropological literature in a field that is novel for the discipline: socialism and its aftermath. The work of Jack Goody has a surprising relevance here; more generally, Goody’s oeuvre shows how ethnographic excellence and intellectual originality can be harnessed together to serve a longue durée comparative historical anthropology. (shrink)

Across a variety of situations, people strongly condemn plagiarizers who steal credit for ideas, even when the theft in question does not appear to harm anyone. Why would people react negatively to relatively harmless acts of plagiarism? In six experiments, we predict and find that these negative reactions are driven by people's aversion toward agents who attempt to falsely improve their reputations. In Studies 1–3, participants condemn plagiarism cases that they agree are harmless. This effect is mediated by the (...) extent to which participants perceive the plagiarizer to have falsely benefitted from plagiarizing. In Studies 4–5, we demonstrate that this effect is not explained solely by participants’ negative response to lies or violations of permission. In Study 6, participants condemn a plagiarism case in which the idea's original author actually benefits, providing the strongest evidence that people condemn plagiarism for reasons beyond perceived harm. We discuss how this work connects to broader questions of intellectual property and impression management. (shrink)

Authors endure considerable hardship carrying out biomedical research, from generating ideas to completing their manuscripts and submitting their findings and data to a journal. When researchers submit to journals, they entrust their findings and ideas to editors and peer reviewers who are expected to respect the confidentiality of peer review. Inherent trust in peer review is built on the ethical conduct of authors, editors and reviewers, and on the respect of this confidentiality. If such confidentiality is breached by unethical reviewers (...) who might steal or plagiarize the authors’ ideas, researchers will lose trust in peer review and may resist submitting their findings to that journal. Science loses as a result, scientific and medical advances slow down, knowledge may become scarce, and it is unlikely that increasing bias in the literature will be detected or eliminated. In such a climate, society will ultimately be deprived from scientific and medical advances. Despite a rise in documented cases of abused peer review, there is still a relative lack of qualitative and quantitative studies on reviewer-related misconduct, most likely because evidence is difficult to come by. Our paper presents an assessment of editors’ and reviewers’ responsibilities in preserving the confidentiality of manuscripts during the peer review process, in response to a 2016 case of intellectual property theft by a reviewer. Our main objectives are to propose additional measures that would offer protection of authors’ intellectual ideas from predatory reviewers, and increase researchers’ awareness of the responsible reviewing of journal articles and reporting of biomedical research. (shrink)

This study identifies alternative models for the production of AI-generated images to those currently used by mainstream AI platforms. Based on primitive computational art processes, these systems allow designers to gain greater control over the final visual result while avoiding potential issues with intellectual property theft and breach of privacy. The article starts by analysing the level of artificiality that might be effectively attributed to each part of the creative process involved in the development of AI-generated images. (...) It then moves on to discuss the extent to which individual actors intervene in each of these stages, with the aim of untangling the different subjectivities that would ultimately shape the meaning of AI-generated photographs, and identifying existing AI models that are able to offer practical solutions for every designer to retain creative autonomy over their AI creations. (shrink)

The journal continues to publish translations of individual chapters of the book by the famous phenomenologist Michael Marder “The Philosopher’s Plant. An Inteellectual Herbarium”. Of the twelve stories, the fourth, “Augustine’s Pears”, and sixth “Maimonides Palm Tree” are selected. In the chapter “Augustine’s Pears” the first avowal in the Confessions of St. Augustine concerns the episode with the theft of pears, which he committed in the company of teenage friends. Today, most of us will perceive this theft as (...) a relatively innocent teenage prank. However, for Augustine, this act is symbolic, since, according to him, he did not crave pears, but forbidden fruit and the thrill of breaking the law. Whether these events actually took place is irrelevant. To demand to separate the real from the imaginary is to ignore the main message of Augustine and his method. The world for him is a matter of interpretation, an intermediate step towards the God. Everything empirically real pales in comparison with the “fictions” of faith, hope and love that pave the road to heaven. The separation of plant processes from plants themselves, life from continuous growth, and physiological activity from the mortal organism prevents their vitality. The fruit that does not rot in the guise of a good deed, and the memory that is eternally stored in God are theological and metaphysical fantasies that destroy the essence of the metaphor that carries them in itself. If the characteristic philosophical gestures of Augustine are spiritualization, interiorization and the use of allegories, then his ethics, although seeking legitimization in the discourse of natural law, is based on the obvious deprivation of life of its natural properties. By suppressing the plant within himself, Augustine excludes real plants from the sphere of moral significance. Although the fruits of the earth allegorically represent works of mercy, a merciful approach to plants is considered inappropriate. It is not surprising that Augustine shows almost no interest in the plants themselves, treating them as translucent screens through which the divine order shines through. If we want Augustine’s philosophy to remain relevant today, it is necessary to extract the ethical core from the shell of its theological denial of the world. Now that the transcendent absolute is no longer immune from questions, the certainty that the world exists for the sake of something external inevitably collapses. In the process of mourning the loss of the absolutes, one should remember the meaning of Augustine’s modified motto: Mundo frui! Enjoy the world! The chapter “Maimonides’ Palm Tree” is dedicated to Rabbi Moses Ben Maimon –Maimonides – presented a unified worldview based on the theories of his predecessors, and systematized religious laws in a code of fourteen volumes – “Repetition of the Torah”. Maimonides pays attention to everyday details, for example, what is allowed and what is forbidden to those who observe Sabbath; describes in detail the rules governing the sale, gifts and the right to use property. He demands that the stump with two shoots be left untouched from the olive tree. But palm trees can be uprooted because they do not give shoots – that is, these trees can be subjected to unlimited violence. The author calls the palm arbor sacra, thus referring to the concept of homo sacer introduced by J. Agamben. The statement of Maimonides – “man has an erroneous idea of himself and believes that the whole world exists only for his sake” – could well serve as a unifying slogan in today’s struggle against the domination of man over nature. “The Guide for the Perplexed”, the main philosophical work of Maimonides, contains clear and strict information about plants. Maimonides prefers to combine plants with inorganic substances rather than grouping plants together with animals. His “The Book of Cleanness” praises the cleansing properties of the soil, or, more precisely, the attachment of the plant to the soil. Regardless of the contamination of the seeds, their sprouts are purified as soon as they take root, reviving their original connection with the divine origin of existence. But the growth of plants threatens the very integrity of the Law. In order to control the excess of plant raw materials, Maimonides defends the purity of species. Plants are trivial and therefore unworthy of divine interest. A chain reaction occurs: plants are neglected, left to themselves, and subsequently they become more and more mysterious. Their freedom is still more radical than that inherent in the free will of man. (shrink)

What is 'intellectual property'? This book examines the way in which this important area of law is constructed by the legal system. It argues that intellectual property is a body of rules, created by the legal system, that regulate the documented forms of abstract objects, which are also defined into existence by the legal system. Intellectual property law thus constructs its own objects of regulation and it does so through the application of a collection (...) of core concepts. By analyzing the metaphysical structure of intellectual property law and the concepts the legal system uses to construct 'intellectual property', the book sheds new light on the nature of this fascinating area of law. It explains anomalies between social and intellectual property uses of concepts such as authorship - here dubbed 'creatorship' - and originality and it helps to explain the role of intellectual property from a structural perspective. (shrink)

Explains why a natural law theory of property rights need not be hospitable to intellectual property.

Intellectual property has become the apple of discord in today’s moral and political debates. Although it has been approached from many different perspectives, a final conclusion has not been reached. In this paper I will offer a new way of thinking about intellectual property rights (IPRs), from a left-libertarian perspective. My thesis is that IPRs are not (natural) original rights, aprioric rights, as it is usually argued. They are derived rights hence any claim for intellectual (...) property is weaker than the correlative duties attached to self-ownership and world-ownership rights, which are of crucial importance in any left-libertarian view. Moreover, IPRs lack priority in front of these two original rights and should be overridden by stronger claims of justice. Thus, as derived rights, IPRs should not benefit of strong enforcement like any original rights especially if it could be in the latters’ detriment. (shrink)

Intellectual property theory grapples with intriguing questions about the political and personal significance of our mental labour and creativity, the metaphysics of art and expression, the justifications for private property, and conflicts between property and free expression rights. This chapter begins with an introduction to the nature of intellectual property, comparing intellectual property to physical property. It continues with an overview of some arguments for, and criticisms of, the legal protection of (...) intellectual property, and concludes with some ethical issues about illegal downloading. (shrink)

Cultural appropriation occurs when an individual from one culture uses another culture's ideas. Often the ideas relate to artifacts, clothes, food, and symbols. Frequently, critics of cultural appropriation claim that it is a type of theft. The critics also claim that it disrespects minorities and also is similar to or involves colonialism. In this paper, we argue that it is neither wrong nor bad to culturally appropriate. It is not wrong because no one owns cultural symbols, not all cultural (...) appropriation involves insult or ridicule, and it is unclear what makes something an instance of cultural appropriation. It is often not bad because a free market in cultural goods frequently maximizes the good. (shrink)

Intangible cultural heritage is an invaluable treasure for human being and China is a country endowed with rich ICH. Among all the measures of safeguarding ICH, intellectual property tools are effective while controversial. As China started relatively late in the legal protection of ICH, the gap between legislation and judiciary needs to be filled in. This study examines the IP protection of ICH in China based on the current laws and regulations and then provides a semiotic approach to (...) the relevant legal evolution in China. This study, taking in some experiences outside China, goes further to provide recommendations for improving the IP protection in China. (shrink)

The moral justification of intellectual property is often called into question when placed in the context of pharmaceutical patents and global health concerns. The theoretical accounts of both John Rawls and Robert Nozick provide an excellent ethical framework from which such questions can be clarified. While Nozick upholds an individuals right to intellectual property, based upon its conformation with Lockean notions of property and Nozicks ideas of just acquisition and transfer, Rawls emphasizes the importance of (...) basic liberties, such as an individuals right to health, superceding such secondary rights as intellectual property rights. From a policy perspective, patent protection for pharmaceutical products necessarily entails the balancing of corporate intellectual property interests and public interests in healthcare. The moral dilemma that occurs when these two interests clash is not easily resolved. Aside from corporate and public interests, the state maintains an interest in creating and preserving policies that regulate the moral dilemma itself. This paper analyzes the economic and ethical factors surrounding the production and distribution of the anti-HIV medication, AZT. Potential policy implications and recommendations are also discussed. (shrink)

Western attempts to obtain Chinese compliance with intellectual property rights have a long history of failure. Most discussions of the problem focus on either legal comparisons or explanations arising from levels of economic development (based primarily on the example of U.S. disregard for such rights during the 18th and 19th centuries). After decades of heated negotiation, intellectual property rights is still one of the major issues of misunderstanding between the West and the various Chinese political entities. (...) This paper examines the sources of this problem from the standpoint of traditional Chinese social and political philosophy (specifically Neo-Confucianism). It points out that the basic assumptions about the nature of intellectual property, which arose during the 17th and 18th centuries in Europe, are fundamentally at odds with the traditional Chinese view of the role of intellectuals in society. It suggests that policies which do not take these differences into account, but which attempt to transfer Western legal concepts without the underlying social constructs are responsible for much of the lack of success in the area of intellectual property rights. (shrink)

This paper examines the question whether, and to what extent, John Locke’s classic theory of property can be applied to the current debate involving intellectual property rights (IPRs) and the information commons. Organized into four main sections, Section 1 includes a brief exposition of Locke’s arguments for the just appropriation of physical objects and tangible property. In Section 2, I consider some challenges involved in extending Locke’s labor theory of property to the debate about IPRs (...) and digital information. In Section 3, it is argued that even if the labor analogy breaks down, we should not necessarily infer that Locke’s theory has no relevance for the contemporary debate involving IPRs and the information commons. Alternatively, I argue that much of what Locke has to say about the kinds of considerations that ought to be accorded to the physical commons when appropriating objects from it – especially his proviso requiring that “enough and as good” be left for others – can also be applied to appropriations involving the information commons. Based on my reading of Locke’s proviso, I further argue that Locke would presume in favor of the information commons when competing interests (involving the rights of individual appropriators and the preservation of the commons) are at stake. In this sense, I believe that Locke offers us an adjudicative principle for evaluating the claims advanced by rival interests in the contemporary debate about IPRs and the information commons. In Section 4, I apply Locke’s proviso in my analysis of two recent copyright laws: the Copyright Term Extension Act (CTEA), and the Digital Millennium Copyright Act (DMCA). I then argue that both laws violate the spirit of Locke’s proviso because they unfairly restrict the access that ordinary individuals have previously had to resources that comprise the information commons. Noting that Locke would not altogether reject copyright protection for IPRs, I conclude that Locke’s classic property theory provides a useful mechanism for adjudicating between claims about how best to ensure that individuals will be able to continue to access information in digitized form, while at the same time also allowing for that information to enjoy some form of legal protection. (shrink)

Any system for the protection of intellectual property rights (IPRs) has three main kinds of distributive effects. It will determine or influence: (a) the types of objects that will be developed and for which IPRs will be sought; (b) the differential access various people will have to these objects; and (c) the distribution of the IPRs themselves among various actors. What this means to the area of pharmaceutical research is that many urgently needed medicines will not be developed (...) at all, that the existing medicines will not be suitable for countries with a precarious health infrastructure or not target the disease variety that is prevalent in poorer regions. Such effects are commonly captured under the rubric of the “10/90 gap” in biomedical research. High prices will also restrict access to medicines as well endanger compliance to treatment schemes. IPRs are mainly held by multinational corporations situated in the developed world, which not only raises egalitarian concerns, but also severely limits the possibilities of companies in poorer countries to realize improvements on existing inventions, as they cannot financially afford to secure freedom to operate, which systematically shrinks the number of potential innovators. Those inequities lead to an enormous burden for the global poor and since no institution is willing to assume the responsibility to fulfil the right to health and the corresponding right of access to essential medicines, we have to analyse alternatives or additions to the actual intellectual property regimes in order to create new incentives to fill this gap. (shrink)

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. (shrink)

No natural rights theory justifies strong intellectual property rights. More specifically, no theory within the entire domain of natural rights thinking – encompassing classical liberalism, libertarianism and left-libertarianism, in all their innumerable variants – coherently supports strengthening current intellectual property rights. Despite their many important differences, all these natural rights theories endorse some set of members of a common family of basic ethical precepts. These commitments include non-interference, fairness, non-worsening, consistency, universalisability, prior consent, self-ownership, self-governance, and (...) the establishment of zones of autonomy. Such commitments have clear applications pertaining to the use and ownership of created ideas. I argue that each of these commitments require intellectual property rights to be substantially limited in scope, strength and duration. In this way the core mechanisms of natural rights thinking ensure a robust public domain and categorically rule out strong intellectual property rights. (shrink)

This study deals with the protection of intellectual property rights in French and Iraqi civil law. This is because the literary and life creativity in Iraq is declining, it is difficult to invest money in new things, and the number of people who comply with the artificial laws made since 2003 is increasing, and secondly, another reason, people's ignorance of the existing laws in Iraq. Iraq, so it is necessary. In each legislation, legal mechanisms are used to promote (...) media and life publishing and help people make money in the process of inventing literary and life works, which can be achieved by granting them a series of intellectual property rights that represent different privileges. From the fundamental rights of people, which are psychologically and morally valid at one or more points in time. This leads us to delve deeper into these rights, which have been incorporated into civil subjects since the creation of some of them through exchanges between authors and publishers or those who own innovative objects. This returns to the ownership model of the target company. In this way, we will mainly discuss the issue of intellectual property rights and carefully discuss the specific rights divided between the French Civil Code and the Civil Code, and then turn our attention to the two themes of law and incentives. The Civil Code collapses. This consists of comparing the independence of intellectual property rights, mainly regulated by French and Iraqi civil laws, and secondly with some provisions of the model. (shrink)

This article claims that an ‘enclosure of the commons’ is underway, which reaches far beyond intellectual property, to a point where, through profiling, ‘identity’ has itself become enclosed property that can be owned by another. With a detour through the natures of both money and innovation, this paper looks at the imperative driving ‘intellectual property rights.’ By introducing the notion of biopiracy, it shows how ‘invasion of privacy’ is justified, and ends with “a world of (...) rapacious, state-aided ‘privatization’” of enclosed identity: the ultimate identity theft. (shrink)

Intellectual property (IP) can internalize positive externalities associated with the creation and discovery of ideas, thereby increasing investment in efforts to create and discover ideas. However, IP law also causes negative externalities. Strict IP rights raise the transaction costs associated with consuming and building on existing ideas. This causes a tragedy of the anticommons, in which valuable resources are underused and underdeveloped. By disincentivizing creative projects that build on existing ideas, IP protection, even if it increases original innovation, (...) can inadvertently reduce the rate of iterative innovation. The net effect of IP law on innovation and welfare depends on the relative magnitude of these positive and negative externalities. We argue that the current regime probably suffers from excessive, and excessively rigid, IP protection. This motivates the search for institutional alternatives and complements. We suggest that a monocentric IP rights regime may not be the only, or the most efficient, way to internalize the positive externalities of innovation. The knowledge economy supports the emergence of diverse, polycentric forms of bottom-up self-governance, both market and community led, that entail the citizen coproduction of the norms and practices of intellectual creation and discovery. (shrink)

The scale is the most famous emblem of the law, including intellectual property (IP). Because IP rights impose social costs on the public by limiting access to protected work, the law can be justified only to the extent that, on balance, it encourages enough creation and dissemination of new works to offset those costs. The scale is thus a potent rhetorical trope of fairness and objectivity, but also an instrument the law thinks with – one that is constantly (...) invoked to justify or to question the extent of available IP protection. The balancing act that underlies the legitimacy of IP is, however, literally impossible to perform. Because we are unable to measure the benefits that IP has for inventors or the costs it has for the public, the scale has nothing to weigh. It conveys a clear sense that IP law can be balanced, but in fact propagates only a visible simulacrum of balance – one that is as empty as it is powerful. (shrink)

Concern about the commercialization of research is rising, notably in testing new drugs. The problem involves oversimplified, polarizing assumptions about research and development (R&D) and intellectual property (IP). To address this problem this paper sets forth a more complex three phase RT&D process, involving Scientific Research (R), Technological Innovation (T), and Commercial Product Development (D) or the RT&D process. Scientific research and innovation testing involve costly intellectual work and do not produce free goods, but rather require IP (...) regulation. RT&D processes involve an unrecognized IP shift from a common IP right in public goods like information and knowledge to private IP in products and other hard assets. The question then is, what kind of IP right: private or common? Since scientific research and innovation testing require openness about adverse findings, and wide, low cost diffusion of results, they require a common, inclusive IP right. Common IP is appropriate to both sharing knowledge goods and recovering the cost of production. Research is furthermore compatible with commercialization and support by other social interests. On the other hand it is incompatible with the exclusionary private IP rights that permit restrictive publication or total suppression of information. Private IP rather than commercialization conflicts with the openness requirements of scientific research and innovation testing. Commercial funding, however, is in principle compatible with research and testing, especially when regulated by a common IP right. This reflects a pragmatic view of the fundamental interconnections of knowledge and other social interests. (shrink)

Setting aside various foundational moral entanglements, I will offer an argument for the protection of intellectual property based on individual self-interest and prudence. In large part, this argument will parallel considerations that arise in a prisoner’s dilemma game. After sketching the salient features of a prisoner’s dilemma, I will briefly examine the nature of intellectual property and how one can view content creation, exclusion, and access as a prisoner’s dilemma. In brief, allowing content to be unprotected (...) in terms of free access leads to a sub-optimal outcome where creation and innovation are suppressed. Finally, I will argue that adopting the institutions of copyright, patent, and trade secret is one way we can avoid these sub-optimal results. (shrink)

Justifying intellectual property on the basis of labour is an understandably popular strategy, but there is a tension in basing some intellectual property claims on labour that has gone largely unnoticed in treatments of the subject: many forms of innovation cause people to lose their jobs, which seriously hampers the ability of those who lose work to productively use their own labour. This article shows that even under Lockean and other labour‐based justifications of intellectual (...) class='Hi'>property rights those who claim property rights to innovations of this type have special obligations to compensate those who lose work because of their inventions. By examining the problem that such innovations create, I hope to contribute to larger debates about automation and the job losses it often brings. Lockean and other labour‐based theories of intellectual property are generally taken to secure strong, noninstrumental rights to intellectual property if they are successful. So, if even these theories imply that those who profit from the innovations driving automation have special obligations to those left jobless by it, that is strong evidence that they do in fact have such obligations. (shrink)

In this volume, fourteen philosophers, economists and legal scholars and one computer scientist address various facets of the same question: under which conditions (if any) can intellectual property rights be fair? This general question unfolds in a variety of others: What are the parallels and differences between intellectual and real property? Are libertarian theories especially sympathetic to IP rights? Should Rawlsian support copyright? How can a concern for incentives be taken into account by each of the (...) main theories of justice? What's exactly wrong with free-riding, when dealing with non-rival goods? This requires a close examination of a variety of specific issues such as peer-to-peer file sharing, access to vital medicines, the interaction between copyright and freedom of expression, patents on genes, etc. It also involves bringing together state-of-the-art knowledge on legal, economic and technical issues with the most advanced state of our normative theories. (shrink)

The current debate over the global distribution of COVID-19 vaccines once again highlights the many shortcomings of the modern intellectual property system, especially when it comes to equitable access to medicines. This essay argues that the conceptual center of struggles over access to new pharmaceuticals rests in the IP system's colonial legacy, which perceives the world as uncharted territory that is ripe for discovery and ownership. This vision of the world as a blank canvas, or terra nullius, sets (...) aside any other models of ownership and devalues other traditional modes of relating to territory and nature. Several examples show the long-lasting exclusionary effects of this hidden legacy of colonial conquest in the field of public health, ranging from the spiraling price of insulin to the distribution of COVID-19 vaccines to the negotiation of sharing mechanisms for virus samples. In all of these cases, the continuing marginalization of other interests by the IP system can lead to exploitation, without either the “sources” of materials, such as those from whom the samples were taken, or the recipients of the eventual product having any say in matters of price and access. This legacy of fundamental exclusion needs to be recognized and addressed in order to arrive at more equitable solutions to public health emergencies such as the current pandemic. (shrink)

As multinational firms explore new and promising national markets two of the most crucial elements in the strategic decision regarding market-entry are the level of corruption and existing trade barriers. One form of corruption that is crucially important to firms is the theft of intellectual property. In particular, software piracy has become a hotly debated topic due to the deep costs and vast levels of piracy around the world. The purpose of this paper is to assess how (...) laissez-faire trade policies and corruption affect national software piracy rates. Using invisible hand theory, as well as literature from the fields of international strategy and ethics, formal research hypotheses are posited and tested. Results suggest that corruption mediates the relationship between economic freedom and software piracy. Implications for multinational managers and researchers are also addressed. (shrink)

This paper explores the complex relationship between intellectual property (IP) and the transdisciplinary collaborative design (co-design) of new digital technologies for agriculture (AgTech). More specifically, it explores how prioritizing the capturing of IP as a central researcher responsibility can cause disruptions to research relationships and project outcomes. We argue that boundary-making processes associated with IP create a particular context through which responsibility can, and must, be located and cultivated by researchers working within transdisciplinary collaborations. We draw from interview (...) data and situated IP practices from a transdisciplinary co-design project in Aotearoa New Zealand to illustrate how IP is a fluid boundary-requiring-and-producing object that impels researchers into its management, and produces tensions that need to be noticed and skillfully navigated within research relations. We propose located response-ability as a conceptual tool and practice to reposition IP within the relations that make up a transdisciplinary co-design project, as opposed to prioritizing IP by default without recognizing its possible impacts on collaborative relations and other project aims and accountabilities. This can support researchers practicing responsible innovation in making everyday decisions on how to protect potential IP without disrupting the collaborative relations that make the creation of potential IP possible, and the existence of protected IP relevant and beneficial to project collaborators and wider societal actors. This may help to ensure that societal benefits can be generated, and positive science–society relationships prioritized and preserved, in the design of new AgTech. (shrink)

Accompanying the explosive growth of information technology is the increasing frequency of antisocial and criminal behavior on the Internet. Online software piracy is one such behavior, and this study approaches the phenomenon through the theoretical framework of neutralization theory. The suitability and applicability of nine techniques of neutralization in determining the act is tested via logistic regression analyses on cross-sectional data collected from a sample of university students in the United States. Generally speaking, neutralization was found to be weakly related (...) to experience with online software piracy; other elements which appear more salient are suggested and discussed in conclusion. (shrink)

The objective of this article is to examine the implications of the intellectual property provisions in the US–Jordan Free Trade Agreement (US–JO FTA) and whether they serve as a template for other Arab countries who will be concluding free trade agreements with the USA. My claim in this article is that the intellectual property part of the US–JO FTA goes beyond the World Trade Organization Agreement and cannot form the right template for the proposed US–Middle East (...) FTA of 2013. The first section provides a brief introduction to the US–JO FTA. The second section provides a critical analysis of the FTA’s protection of trademarks, copyright and patents. The third and fourth sections discuss enforcement and implementation of the intellectual property provisions of the FTA. The final section provides a conclusion regarding the intellectual property provisions of the US–JO FTA and highlights an alternative template for the proposed US–Middle East FTA. (shrink)

This book explains China's intellectual property perspective in the context of European theories, through a critical examination of intellectual property theory and practice focused on China's compliance with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The author's critical review of contemporary intellectual property philosophy suggests that justifying intellectual property protection through Locke or Hegel's property theories internalizes a theoretical paradox. "Professor Wenwei Guan's treatment of intellectual (...) property law and practice in the PRC offers new perspectives that enrich an already active field of study. This book will be a useful contribution to academic and policy discourses examining conceptual and operational dimensions of China's intellectual property protection system and the broader process of China's international engagement." - Dr. Pitman B. Potter, Professor of Law, University of British Columbia, Canada "Dr. Guan reminds us of the daunting challenge of the public-private divide in forming and reforming TRIPS regime; how this regime has failed to address development needs and public concerns in developing countries like China; and how TRIPS's 'birth defect' can be overcome and its evolution can be put back on the right track." - Dr. Yahong Li, Associate Professor at Faculty of Law, Hong Kong University. (shrink)

Advocates of “Mendelism” early on stressed the usefulness of Mendelian principles for breeders. Ever since, that usefulness—and the favourable opinion of Mendelism it supposedly engendered among breeders—has featured in explanations of the rapid rise of Mendelian genetics. An important counter-tradition of commentary, however, has emphasized the ways in which early Mendelian theory in fact fell short of breeders’ needs. Attention to intellectual property, narrowly and broadly construed, makes possible an approach that takes both the tradition and the counter-tradition (...) seriously, by enabling a more complete description of the theory-reality shortfall and a better understanding of how changing practices, on and off the Mendelians’ experimental farms, functioned to render that shortfall unproblematic. In the case of plant breeding in Britain, a perennial source of lost profits and disputes over ownership was the appearance of individual plants departing from their varietal types—so-called “rogues.” Mendelian plant varieties acquired a reputation for being rogue-free, and so for demonstrating the correctness of Mendelian principles , at a time when Mendelians were gradually taking control of the means for distributing their varieties. Mendelian breeders protected their products physically from rogue-inducing contamination in such a way that when rogues did appear, the default explanation—that contamination had somehow occurred—ensured that there was no threat to Mendelian principles. (shrink)

The recent Covid-19 global health crisis not only brings into sharp relief the current problems afflicting the international intellectual property regime (IIPR) but also calls into question its legitimacy as an international authority. Against this backdrop, the article aims to launch an investigation into the legitimacy of the IIPR, as an international co-ordinative authority, designed to protect IP rights without prejudice to international trade norms. Drawing on Raz’s service conception of authority, it explores whether the IIPR lives up (...) to its promises by enabling co-ordination between states over IP rights without undermining the initial balance on which it is founded, struck between developing and developed countries, as well as between international protection of IP- cum-trade rights and domestic regulatory autonomy. It does so by classifying the historical evolution of the IIPR under three different phases: (i) its foundation, (ii) before, and (iii) after the TRIPS-plus. Upon showing the legitimacy challenges inherent in its undemocratic foundation, the article points to the success of the regime in finding a balance between conflicting interests before the TRIPS-plus era. Later, it underlines the many challenges that come with linking the IIPR to the investment regime and argues that the FTAs and frequent regime-shifting activities put further pressure on the authority and legitimacy of the regime. Stressing the importance of democratic participation for the legitimacy of any co-ordinative authority, the article casts doubt on the IIPR’s legitimacy and concludes by raising some points to overcome the ongoing legitimacy challenges. -/- . (shrink)

Nick Dyer-Witheford and Greig de Peuter. Games of Empire: Global Capitalism and Video Games . Minneapolis: University of Minnesota Press. 2009. 320pp. pbk. $19.95 ISBN-13: 978-0816666119. In Games of Empire , Nick Dyer-Witheford and Greig de Peuter expand an earlier study of “the video game industry as an aspect of an emerging postindustrial, post-Fordist capitalism” (xxix) to argue that videogames are “exemplary media of Empire” (xxix). Their notion of “Empire” is based on Michael Hardt and Antonio Negri’s Empire (2000), which (...) characterizes the contemporary world order as a decentralized system of global economic, political, and economic power that transcends national boundaries. In the view of the authors, Hardt and Negri’s account sets itself apart from other analyses of international politics by offering a “comprehensive account of conditions of work, forms of subjectivity, and types of struggle in contemporary capital” (xx). Dyer-Witheford and de Peuter thus divide Games of Empire into three sections to reflect each of these aspects of Empire ’s argument, seeing their work as the first account to explore “virtual games within a system of global ownership, privatized property, coercive class relations, military operations, and radical struggle” (xxix). Books in the University of Minnesota Press’s Electronic Mediations series “explore the humanistic and social implications” of new technologies that spark “significant changes in society and culture, politics and economics, thinking and being.” That’s an abstract goal, and one that Games of Empire surely meets. Yet at times it can be difficult to understand exactly which specific intervention this book seeks to make. It is unclear whether the authors of Games of Empire see their work as an indictment of game scholars’ lack of attention to political economy, or whether it’s a work of political theory hoping to show that other disciplines should be paying more attention to the production and play of videogames. Because Dyer-Witheford and de Peuter don’t directly criticize previous political critiques of gaming—such as Edward Castronova’s exploration of the “porous membrane” allowing two-way traffic between virtual economies and those of the real world, or Alexander Galloway’s unraveling of control protocols in algorithmic design, or Ian Bogost’s idea of political procedural rhetoric—they sometimes leave the reader wondering how to situate the book in the broader discourse on games and politics, either separately or together. Thus, Games of Empire might best be seen as an introduction to the writings of Hardt and Negri for game players and designers, rather than as a text for communicating the basic concepts of game studies and design. It is neither a truly new theory of games or digital media, nor is it a new theory of Empire—and that’s not a criticism. It is instead an introduction to Empire through popular culture, as Zizek does for Lacan in Looking Awry . If one were teaching an introductory course on contemporary political theory, this book would offer obvious inroads into Negri and Hardt’s thinking for a number of reasons. Despite its radical ideological bent, the book isn’t off-putting to readers who don’t necessarily share the authors’ politics. It synthesizes complex ideas from difficult thinkers like Marx, Foucault, and Guattari while integrating modifications and critiques of Empire theory itself. And although the book is dense, sometimes feeling longer than it actually is (just over 200 pages), Games of Empire maintains a breezy readability by tightly coupling core concepts of Empire theory to well-known games and widely-publicized conflicts within the videogame industry. The first section of the book focuses on immaterial labor, the accumulation of “cognitive capital,” and the global process of manufacturing videogame consoles. It is significant for the authors that videogames began as hacker experiments within research institutes of the military industrial complex, programmed on stolen time, before becoming a commodity (7). This is the first in a string of examples showing how creative dissidence and conflict fuel the continuing evolution of Empire’s control. Dyer-Witheford and de Peuter explain that the videogame industry now constitutes an international production apparatus dominating both creative work in developed nations and manual labor in developing ones. Because game industries in the United States, Western Europe, and Japan are predominately non-unionized, they serve as an exemplary system for analyzing how global capital exploits contemporary intellectual work—including an excellent analysis of the “EA Spouse” scandal of 2004. On the side of the consumer, the authors argue that rabid “console races” that drive the industry forward from a technological perspective serve to structure gamer identity and combat piracy; later in the book, these machines offer a window into the worlds of Congolese coltan mining and electronic waste (222-224). In the second section, Dyer-Witheford and de Peuter move on to deep case studies of individual games to show how the most popular game genres embed imperial assumptions about conflict, exchange, and urban life. First they argue that military training games such as Full Spectrum Warrior —co-developed by university researchers, industry developers, and military contractors—contribute to the “banalization” of war, a subjective state wherein perpetual preparedness for war is accepted as a part of everyday life (100). Chapter five covers Michel Foucalt’s notion of “biopower,” the extension of capital accumulation to life itself. The authors argue that virtual worlds such as World of Warcraft , which take market capitalism as a given and force players into essentialist roles and racial antagonisms, are organized to maximize control and profit (often on the backs of virtual currency “farmers” in China and southeast Asia). Finally, they criticize the naïve assumption that humor and cynicism in the popular sandbox game franchise Grand Theft Auto offer any remedy to its racialized, violent content. Instead, such games indulge and normalize the fantasy of getting rich at any cost by keeping the realities of contemporary urban life and corporate greed at a safe distance (181). Part three of Games of Empire focuses on “games of multitude,” a preliminary attempt to escape from Empire’s order through alternate modes of videogame development and play. Multitude is defined dialectically, as “the engine and the enemy” of Empire (187). This is the most important, yet also most contradictory section of the text. It lays bare the process by which Empire and its media feed our creative and intellectual development to overabundance. At a certain point, the force of the multitude reaches such a level that it threatens the stability of Empire; however, instead of following Hardt and Negri’s utopian assumptions about the radical potential of the multitude, the authors here follow Paolo Virno’s warning that Empire is “very good at adopting apparently iconoclastic practices and utopian ideas as management techniques and revenue sources” (188). At every turn, advances in player configurative power provide new sources of revenue and advertising angles for the game industry. A disappointing shortcoming of these latter pages is the lack of truly new examples for radical resistance within game development. Instead, it turns out that the radical left seems satisfied with the same mild successes that the left-of-center also has celebrated: artist’s mods, virtual world activism, and critical counterplay within strategy- and wargames. Having been frequently cited by many authors before Dyer-Witheford and de Peuter, this idea of subversion or resistance through play feels tired and unpersuasive. It is unclear if the authors believe it is possible to embrace game design itself as a way of pursuing what they call “exodus” from Empire, or if an all-too-fashionable subversion is the only workable strategy. While the book does explore how the earliest independent game studios were eventually subverted and incorporated into the game industry proper, it doesn’t affirm or critique more recent non-commercial, DIY game development projects such as Klik-of-the-Month Club and Ludum Dare. Dyer-Witheford and de Peuter’s analysis of so-called “tactical games,” including the editorial works of La Molleindustria, leads to an even more ambivalent take on the contemporary design ecology. At the conclusion of his essay on “Countergaming,” Galloway asserts that avant-garde videogame artists “should create new grammars of action […] should create alternative algorithms” (Galloway 125). Yet Dyer-Witheford and de Peuter characterize works such as McDonald’s Video Game and Oiligarchy as didactic, suggesting that the role of radical political games might be “limited to that of agitprop” (199). They are concerned that games like those of Molleindustria rigidly structure the activities of their players in order to prove a point. Yet, despite their repeated assertion that the equation of greater interactivity with democratic digital liberation is flawed, the authors see potential in policy simulators that “allow players to edit or tweak” (202) their parameters in response to what Bogost has called simulation fever , the simultaneous drive toward and fear of simulation (Bogost 108). The possibility of practicing radical design is bucked, and early attempts at critical game development like those of Molleindustria’s seem to be relegated to the status of exceptions that prove the rule for player-centered exodus. Overall, there is one glaring question Games of Empire leaves unanswered: how exactly are videogames the “exemplary media” of Empire, and what are the implications of videogames being exemplary in this way? Presumably Dyer-Witheford and de Peuter want to avoid essentialist claims, so they’re not keen on following Wark’s desire to mark “the game’s difference from [legacy media] as something that speaks to changes in the overall structure of social and technical relations” (Wark 225). It is also unclear how the production apparatuses, labor standards, and subjectivizing processes involved in the creation and use of other any other kind of digital media would fail to justify their equally exemplary status. Even the book’s concluding paragraph holds that virtual games “are one molecular component of this undecidable collective mutation” (Dyer-Witheford and de Peuter 229) of intellect, labor, and daily life. In the end, the authors seem to back away from their focus on games as exemplary to bring their work in line with broader theories of the gradual digitization of the everyday, in line with Galloway and Manovich. Despite these flaws, there is an undeniable elegance to Games of Empire ’s contrasting of gaming’s overwhelmingly imperial content with its multitudinous form . And its ambivalence about the potential of independent or political game development might be seen by scholars of Empire as a strength rather than a weakness, an acceptance that every new expression of multitude offers another opportunity for the expansion of Empire. The book also functions as a strong, all-encompassing call to greater responsibility on the part of mainstream game developers to be more conscious of the ideologies they embed in their work, of the way their intellectual property is used and manipulated by those who employ them, and of the material impact their industry has on the world at large. For players it offers a toolbox of concepts for radical examinations of their own play activities, asking them to be more cognizant of the consequences of their consumption of digital media and the ways in which their virtual lives interface with the real. REFERENCES Bogost, Ian. Unit Operations: An Approach to Videogame Criticism . Cambridge, Mass.: MIT Press, 2006. Castranova, Edward. Synthetic Worlds: The Business and Culture of Online Games . Chicago, Illinois: University of Chicago Press, 2006. Dyer-Witheford, Nick and de Peuter, Greig. Games of Empire: Global Capitalism and Video Games . Minneapolis, Minnesota: University of Minnesota Press, 2009. Galloway, Alexander. Gaming: Essays on Algorithmic Culture . Minneapolis, Minnesota: University of Minnesota Press, 2006). Wark, McKenzie. Gamer Theory . Cambridge, Mass.: Harvard University Press, 2007. (shrink)

In the study, the phenomenon of academic plagiarism is considered a result of creative scientific activity, which exists in a certain institutional design and is immersed in the appropriate environment and economic, socio-political circumstances. The study uses philosophical principles as a method—humanistic, historical, comprehensiveness and determinism, system and practice, specificity and activity. The historical retrospective shows that theft and misappropriation of other people’s intellectual property existed already in ancient societies. The prevalence of the phenomenon and the ambiguity (...) of its interpretation inspired us to explore academic plagiarism in its various aspects. (shrink)

continent. 1.1 (2011): 22-25. The Author gratefully acknowledges the financial support of CAPES (Coordenação de Aperfeiçoamento do Ensino Superior), Brazil. From the multifarious subdivisions of semiotics, be they naturalistic or culturalistic, the realm of semiotics of value is a ?eld that is getting more and more attention these days. Our entire political and economic systems are based upon structures of symbolic representation that many times seem not only to embody monetary value but also to determine it. The connection between monetary (...) and linguistic exchanges is self-evident: the former requires the latter and develops in direct relation to it. Creative experimentation and design of digital systems of value exchange are blossoming on the web. Dr. Gilson Schwartz, an economist turned media theorist and professor at the University of São Paulo, adopted the concept of Iconomics, originally created by Michael Kaplan, an author concerned with the linguistics of economic value. Empowering local communities and unlocking new levels of value creation and representation via digital technologies are the main goals of Dr. Schwartz’s projects, aiming at the re-designing of our relationship to the economic value of imagination and the social control of property. Schwartz is Assistant Professor at the School of Communication and Arts of the University of São Paulo, a former Chief Economist at BankBoston, Brazil and Advisor to the President of the National Social and Economic Development Bank (BNDES). FURTHER READING: Kaplan, Michael. “Iconomics: The Rhetoric of Speculation.” Public Culture . 15.3 (2003): 477-493. Renata Lemos-Morais: You have recently produced and directed a short documentary about Creative Currencies in Latin America. Could you tell us a bit about its process and its findings? Gilson Schwartz: The “Creative Currencies” project is a work-in-progress platform which unfolds as an action research agenda connected both to the production of audiovisual content and the development of social currency software. The initiative dates back to 2003 when I led an experimental project supported by the Presidency of Brazil. At that time, we issued paper currency in a small, touristic village in the Northeast Region which stimulated local cultural projects. But it was only in 2009 that the Central Bank of Brazil acknowledged “social currencies” as a legitimate economic agenda, calling for more debate at the I Financial Inclusion Forum. This year, the monetary authorities organized a second forum that also opened the room to discussions on mobile payment systems and new perspectives on poverty alleviation via State subsidies. The Ministry of Culture funded the “Creative Currencies” project in 2009-2010 and our next stage in this discovery process is to be supported by the National Social and Economic Development Bank (BNDES). In short, there is genuine interest among public officials in different areas and public funding for social currencies is on the rise in Brazil. However, after all these years we are still at a very early stage of research and practice. Some of the most successful initiatives (such as Banco Palmas) actually evolved out of local monetary creation to become correspondent banking operations for commercial banks and other financial groups. After eight years of price stability and social inclusion, Brazil stands out as a major opportunity for social experimentation, even the Grameen Bank is now entering the Brazilian market and many NGOs are geared towards different forms of entrepreneurialism in the base of the pyramid, riding solidarity economic models, microfinance and microcredit for local development. It is yet to be seen, however, whether these developments are just one more stage of “bankarization”, that is to say, an extension of regular banking services or actually a new form of social and symbolic self-determination at the local level. So far, the Central Bank of Brazil is open to new forms of credit and local finance as long as they are strictly territorial and very close to barter among the poor. In other words, whether the process of monetary creation could be made to fit an open source paradigm is yet to be seen. Community banking and social currencies might as well end up as just another channel for access to and use of banking services. The “Creative Currencies” project aims at promoting the discussion of more fundamental issues, such as the limits of central banking, the prospects for local financial development and the possibility of creating and managing financial icons as cultural assets. The purpose of this project is to produce short documentaries that will bear testimony to this evolving regulatory framework while inducing more discussion about the fundamental iconomic issues concealed in the process of money and wealth creation. RLM: What new potential is there in applying digital technologies to currency creation? GS: Globalization is a result of the virtualization of money, that is, the overcoming of illusions such as the “gold standard”. Money is an icon created by institutions, not on supposedly natural or material foundations but out of political and financial interests. The “dollar standard” is an outstanding evidence of this phenomenon and Kaplan´s paper, the first to use the expression “iconomics”, insists on the rhetoric and semiotic effects associated to a supposedly scientific model of money creation and management. This is a fundamental change that was perceived and discussed much before the digitalization of the world by unorthodox economists such as John Maynard Keynes since the early 20th century. The digitalization of global financial flows accelerated this immateriality and the creation of the Euro was yet another evidence of the political foundations of currencies. The banking establishment, however, is keen on the idea that scientific formulae hold the key to sound money creation. Keynesianism has been repeatedly associated to “inflationism” while the supposedly sound monetary policies of the Orthodoxy serve well the political and financial interests of a technocratic elite. Corporate media also serve this fictitious depiction of the monetary process despite the cyclical bust of monetary rules and financial regulations. The internet, however, has created numerous opportunities for the disintermediation in industries such as film, music and commodities. There is no reason to doubt that the financial industry can also be transformed by Peer-to-Peer (P2P) infrastructures. Money is media as well. Credit is but confidence. Once people realize that the distributed computing power of networks can also be the platform to weave new monetary and credit operations, there is room for grassroots emancipation out of the established owners of monetary institutions. So far, however, there has been a privatization of monetary management and there is not a clear path or model for the emergent (P2P) property democratization that is inherent to the internet. Digital assets, however, clearly have an inherent potential to escape central control and proprietary regulatory frameworks. RLM: How are social networks transforming the ways in which we exchange value? Do you believe that online influence and reputation might be translated into a new kind of currency? GS: The foundation for social currencies as envisaged by solidarity economics is the territory. Authorities are willing to concede local monetary creation as long as it is restricted to poor neighborhoods, as a proxy to barter. In this relevant but limited context, reputation, personal knowledge and informal ties form the matrix of local or “proximity” finance which are expected to keep credit and leverage to a sustainable level. Anything beyond that should and would lead to an integration of local finance into the established banking system. However, inasmuch as the internet promotes virtual territories and reputation is now subject to all sorts of digital manipulation and stardom becomes an everyday cultural process among teenagers and elders alike, the territorial “foundation” is substituted for more complex patterns of solidarity, cooperation and exchange that reach beyond the physical territory and even the “human.” Digital assets embody knowledge, technology, cultural and educational values that are exchanged at a global scale beyond the control of democratic States (Chinese-like intervention is the exception, not the rule). Hacktivism is unstoppable and so is monetary hacktivism. Especially in the Third World, mobile communications fast became conveyors of money transfers and other appropriation strategies. Banking and telecom sectors already battle for the control of these emerging markets and, as a matter of fact, have so far contributed to the containment of these processes. Governments serve these moguls and have usually adopted a wait-and-see attitude. If open source hardware and grassroots social movements combine to challenge these proprietary battles, then social networks may evolve into new forms of social capital and thus form the ground on which to design and implement social currencies. The global financial crisis, as well as the dollar demise, are an event of such a proportion that social networks may open the path for emancipator subjects to seize the opportunity. RLM: What are some of the social experiments that you think are revolutionizing the way in which value is exchanged? GS: There is a broad evolution of economic systems towards the valuation of intangible assets such as knowledge, reputation and sustainability. There are many examples of local as well as global events that call the traditional systems of exchange into question, from carbon credits to educational bonuses, digital barter frameworks and locally based solidarity and fair trade networks. These emerging examples, no matter how different in nature or scale, represent a challenge to the traditional value creation schemes and theories which are based on use and exchange value, supply and demand. This is not to say that utility and labour or scarcity are to be totally dismissed, but there is now an emerging perception that value is also a function of behavioral codes, symbolic patterns and the energy of institutional frameworks. The plasticity of digital platforms is relevant insofar as intellectual property becomes the central source of value creation. But when you discuss the property rights of public goods such as the environment or basic social rights (of minorities or localities), then a new paradigm seems to emerge. RLM: Are gaming and online storytelling digital practices that might have an impact on the way new currencies are created and developed? GS: “Play money” has been one of the early and most intriguing phenomena associated to the diffusion of virtual worlds. These virtual currencies have also been prone to “boom and bust” dynamics, speculation and pure theft (Second Life scams were common and led to “intervention” by the owners of the game). Storytelling is a major source of value, that is, the value of attention and the markets for audience. There are plenty of private monies created and managed by corporate entertainment groups, telecom operators (via mobile virtual network operators) and marketing frameworks. The casino economy, as already depicted by Keynes and other unorthodox economists, is always storytelling about future states of the world, confidence building and leverage of animal spirits. The novelty of current events is not the fictitious nature of any form of capital, but the potential for digital democratization of controls over the imaginary nature of value creation. But this is just a potential, a possibility, a figment that more often than not is appropriated by centralized and opaque private powers. The game industry is a testbed for new connections between storytelling and money creation. RLM: Monetary value was originally connected to the scarcity of precious metals, such as gold. Our entire monetary system seems therefore to function according to a logic of scarcity. Do you believe it is possible to reverse this logic into a logic of abundance? GS: The gold standard was a fiction itself, the “scarcity” is always produced by institutions that regulate confidence and access to credit. The key issue is not to fabricate abundance, but to question the institutions which produce scarcity out of any standard, gold or whatever. Central banks are at the service of private banks in the creation and management of scarcity. RLM: The promise that nanotechnology holds for our future is one of radical abundance (or so say transhumanists). The possibility of creating any kind of material substance through nanoengineering seems each day more feasible. What would this possibility entail in terms of systems of value exchange? GS: Nanotechnology, environmental concerns and grassroots appropriation of distributed knowledge are the frontiers of a new horizon of energy creation and management. Social groups in charge of managing scarcity for the sake of wealth and power concentration must be held accountable for the destruction of our future. Once this key political conundrum is accounted for, new systems of value exchange and even a non-mercantile society will come into existence. Revolutionary theorists such as Marx envisaged transformation via the extreme clash of contradictions between capital and labour. This approach has never led to a change in the systemic logic of scarcity for the sake of social control. We are once again facing the threshold of large scale societal change, but the outcome of the current crisis should come from our imagination, not from yet another paradox of abundance and scarcity. As long as we remain attached to the materiality of value, the illusion of freedom will but reinforce the massive manipulation of necessity. RLM: What do you think is the role of crowdfunding in this context? GS: Crowdsourcing as well as crowdfunding are examples of the peer to peer opportunities that come along with distributed computer power. However, the power structure behind wealth and scarcity creation may or may not be changed by crowd management. But it should not be taken at face value, so to speak. The stock market of course is an early form of crowdfunding without calling into question the proprietary framework of the companies offering their investment projects to the market. Any market is a form of crowdsourcing, that is to say, of distributed forms of supply and demand matchmaking. The wealth of networks, however, depends on the contractual ecosystem, the institutional framework, the channeling of social imagination, not on the purely quantitative distribution of bids and offers. I see economics as supply, demand and code. Once you have access to the code, once openness becomes part of the game, then there is a chance of crowd behavior becoming collective intelligence and sustainable imagination. RLM: Is the development of digital currencies headed towards a pluralistic ecology in which many micro currency systems co-exist, or is it penetrating the mainstream monetary system? If it is affecting the mainstream financial system, what would be its effect in the long-term? GS: The same issue is at stake both at local and global levels. The global system is, as a matter of fact, an unstable ecosystem of “micro currencies” whereas the dollar has so far exerted an overwhelming influence. Local currencies and private monies coexist with national currencies only to the extent that the Central Bank admits, for instance, that grassroots monetary emissions remain territorial and strictly connected to poverty. However, the question of how new developments in digital technologies and nanotechnologies might alter not only our current monetary systems but also our understanding of value in itself, is still an open question. (shrink)

‘The Debauched Commons: A Dark Parable’ summarizes issues regarding intellectual property rights and immaterial culture through a nuanced reading of how First Nations Peoples worldwide have been forced by forms of neoliberal-capitalist exploitation of the knowledge commons to ring-fence and/or commodify their lived traditions, in many cases dating back 100,000 years and clearly predating any and all Western (First World) concepts of ownership. The intention of the structuralist-inspired reading of this enforced defensive position is to emphasize and clarify (...) issues concerning prior art and moral rights, two of the most ambiguous and gamed elements of copyright and patent law. Drawing upon the international context of the _Declaration on the Rights of Indigenous Peoples_ (2007) and the _Convention for Safeguarding Intangible Heritage_ (2003), this essay will focus, in part, on the travails of Aboriginals in Australia as representative of First Peoples worldwide and their long-exploited and long-expropriated traditions, inclusive of land, but foremost _lived knowledge_, but also their often compromised position _vis-à-vis_ various Australian state and Commonwealth legislation concerning recognition of their copyright, moral rights, and intellectual property rights. In this complex dance between tradition, heritage, and law, the so-called public domain often also becomes a de facto warehouse for the eventual conversion of intangible rights to collectively held and stored cultural property, which is then leveraged and/or converted to cultural capital by both public institutions and private companies. The primary premise of the analytic to be applied is that commodification of knowledge is more or less co-equal to the digitization of culture and the regimes of expropriation and/or outright theft associated with platform cultures. Platform culture, in turn, implicates otherwise benign, or apparently benign institutions (for example, academia and the art world) claiming to advance understanding and resolution of the twin nemeses of post-contemporary cultural politics—diversity and justice. The subtle machinations of what has come to be called the art-academic industrial complex will thus be analyzed for implicit and explicit practices that are reducible to the appropriation of native rites and rights, and laws and lores, for self-serving reasons inclusive of radical-chic posturing and politically correct tokenism. (shrink)

As a central part of the regulation of contemporary economies, intellectual property (IP) is central to all aspects of our lives. It matters for the works we create, the brands we identify and the medicines we consume. But if IP is power, what kind of power is it, and what does it do? Building on the work of Michel Foucault, Gordon Hull examines different ways of understanding power in copyright, trademark and patent policy: as law, as promotion of (...) public welfare, and as promotion of neoliberal privatization. He argues that intellectual property policy is moving toward neoliberalism, even as that move is broadly contested in everything from resistance movements to Supreme Court decisions. This work should be read by anyone interested in understanding why the struggle to conceptualize IP matters. (shrink)

Abstract:Although the idea of intellectual property (IP) rights—proprietary rights to what one invents, writes, paints, composes or creates—is firmly embedded in Western thinking, these rights are now being challenged across the globe in a number of areas. This paper will focus on one of these challenges: government-sanctioned copying of patented drugs without permission or license of the patent owner in the name of national security, in health emergencies, or life-threatening epidemics. After discussing standard rights-based and utilitarian arguments defending (...) intellectual property we will present another model. IP is almost always a result of a long history of scientific or technological development and numbers of networks of creativity, not the act of a single person or a group of people at one moment in time. Thus thinking about and evaluating IP requires thinking about IP as shared rights. A network approach to IP challenges a traditional model of IP. It follows that the owner of those rights has some obligations to share that information or its outcomes. If that conclusion is applied to the distribution of antiretroviral drugs, what pharmaceutical companies are ethically required to do to increase access to these medicines in the developing world will have to be reanalyzed from a more systemic perspective. (shrink)

Unauthorized appropriation of geneticresources has been described by the term``biopiracy.'' Technological breakthroughsincluding biotechnological applications canincrease considerably the instrumental value ofbiodiversity as new products or products withnew properties can be made. Nevertheless, itappears that, in most cases, the properties inquestion were already known to the indigenouspeople and used for centuries. The analysisdiscusses both from an economic and an ethicalperspective whether it is just that traditionalknowledge is rewarded. As the conflictintensifies over questions of ownership andcontrol of biological materials, IntellectualProperty Rights are at (...) the center ofcontroversies. The current global systemgoverning biotechnology has largely been shapedby Western expectations and valuations andconsequently has drawn severe criticism. Thecritics doubt both the stability andsustainability of the current patent system andargue for restructuring through benefit-sharingsystems in order to address some of theexisting inequalities. With the help of a casestudy (US patent no. 5,751 on ayahuasca) thetheoretical notion of biopiracy is applied toreal problems. (shrink)