By Butler Shaffer
From a libertarian viewpoint, premised upon recognize for personal estate and the rejection of coercion, a dialogue of what's known as "intellectual estate" - e.g., copyrights, patents, emblems - needs to specialise in an identical questions that attend extra basic inquiries into estate possession. How do such pursuits come into life? How is decision-making exercised? and the way are pursuits transferred or misplaced?
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The social implications of GMO patents may prove to be the Achilles-heel in the entire field of IP. As asked earlier, to the extent IP interests arise only by way of grants from the state, how can such claims be defended on the basis of libertarian principles grounded in individual liberty and respect for private property? There are many other costs associated with IP that rarely get attention in cost-benefit analyses of the topic. One has to do with the fact that the patenting process, as with government regulation generally, is an expensive and time-consuming undertaking that tends to increase industrial concentration.
In an effort to foster equilibrium, uniformity and standardization have become politically-generated values. A shift in thinking occurs, wherein the emphasis on innovation, creativity, and the constant need for resiliency, gives way to the protection of past accomplishments, a process abetted by lawsuits grounded in patent and copyright infringements. As we assess the nature of IP, and of its tendencies to inhibit—rather than foster—creativity, we should pay attention to historians who have written of how structured thinking and behavior contribute to the decline of civilizations.
The question arose, of course, as to what constituted a “publication” of the work: sending a copy to a publisher to review would not. In order to extend copyright protection to authors and publishers beyond the common law limits, Congress enacted copyright statutes. ” This constitutional authority created, in a legal monopolist of violence, the power to create in others monopoly property interests that did not otherwise exist, and would be enforced through the coercive powers of the state. Our legal system has long understood monopolies to be creatures of the state, a status that provided the recipient protection from would-be competitors.
A Libertarian Critique of Intellectual Property by Butler Shaffer