Intellectual Property and Theories of Justice by A. Gosseries (English) Paperbac

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Fourteen philosophers, economists and legal scholars address the question 'Can intellectual property rights be fair?' What differentiates intellectual from real property? Should libertarians or Rawlsians defend IP rights? What's wrong with free-riding? How can incentives be taken into account by theories of justice?

FORMATPaperback LANGUAGEEnglish CONDITIONBrand New Publisher Description

Fourteen philosophers, economists and legal scholars address the question 'Can intellectual property rights be fair?' What differentiates intellectual from real property? Should libertarians or Rawlsians defend IP rights? What's wrong with free-riding? How can incentives be taken into account by theories of justice?

Notes

A seminal exploration of intellectual property and theories of justice from a philosophical perspective

Author Biography

DANIEL ATTAS is Senior Lecturer in Philosophy and Director of the Integrative Program: Philosophy, Economics, Political Science, Hebrew University of Jerusalem, IsraelPAUL BELLEFLAMME is Professor of Economics at Université catholique de Louvain, BelgiumALEXANDRA COUTO is at Oxford University, UKGEERT DEMUIJNCK is Professor of Ethics and Political Philosophy, Catholic University of Lille, FrancePETER DIETSCH is Assistant Professor, Philosophy Department, Université de Montréal, CanadaSPERANTA DUMITRU is a Post-doc Research Fellow, CERSES (CNRS and Université Paris-Descartes, FranceGILLES FALQUET is Professor of Informatics, University of Geneva, SwitzerlandSHUBHA GHOSH is a Professor of Law, Southern Methodist University Dedman School of Law, USAFRANÇOIS GRIN is Professor of Economics, University of Geneva and a Visiting Professor, University of Lugano, SwitzerlandANNABELLE LEVER is a Fellow, Philosophy Department, London School of Economics and Political Science, UKGIOVANNI BATTISTA RAMELLO is Associate Professor of Industrial Economics, Università del Piemonte Orientale, ItalySEANA VALENTINE SHIFFRIN is Professor of Law and Professor of Philosophy at the University of California, LA, USAJONATHAN TRERISE is a Lecturer, Florida International University, Miami, USA

Table of Contents

Acknowledgements Notes on Contributors How (Un)fair is Intellectual Property?; A.Gosseries Lockean Justifications of Intellectual Property; D.Attas Are Rawlsians Entitled to Monopoly Rights?; S.Dumitru Access to vs. Exclusion from Knowledge: Intellectual Property, Efficiency and Social Justice; G.B.Ramello The Incentives Argument for Intellectual Property Protection; S.V.Shiffrin When Property is Something Else: Understanding Intellectual Property Through the Lens of Regulatory Justice; S.Ghosh Liberty and the Rejection of Strong Intellectual Property Rights; J.Trerise Is P2P Sharing of MP3 Files an Objectionable Form of Free-riding?; G.Demuijnck Copyright and Freedom of Expression: A Philosophical Map; A.Couto Free Software, Proprietary Software and Linguistic Justice; G.Falquet & F.Grin How Efficient is the Patent System? A General Appraisal and an Application to the Pharmaceutical Sector; P.Belleflamme Patents on Drugs – The Wrong Prescription?; P.Dietsch Is It Ethical To Patent Human Genes?; A.Lever Index

Review

' a much needed intervention into current debates over intellectual property and social justice the essays here question and probe deeply the oversimplified justification of modern intellectual-property law sophisticated and compelling, teaching much about the ways in which philosophy can illuminate and enrich economic analysis of law.' Madhavi Sunder, Erasmus Journal for Philosophy and Economics'This book of readings on intellectual property is unusual in three respects: the international cast of the contributors, the widening of the focus of analysis to include not only law and economics but also philosophy, and the decision to examine both theoretical questions and concrete practical questions. Most important is the high quality of the contributions. They not only are of high intellectual quality, but they are lucid and well written; and the introduction is a model of clarity.' - Richard A. Posner, US Court of Appeal, Seventh Circuit'Dramatically strengthened and globalized, intellectual property rules are shaping the evolution of whole sectors of the world economy: technology, pharmaceuticals, agriculture, publishing, and entertainment. The world's most powerful corporations and governments are therefore fighting intensely over the design of these rules. The present collection highlights the main moral issues raised by intellectual property rights. It discusses these issues at the level of principle, and also in a series of focused moral analysesof the most pressing innovation-access dilemmas and of various reform ideas. An excellent introduction to a complex, shifting, and very important moral terrain.' - Thomas Pogge, Leitner Professor of Philosophy and International Affairs Yale University'This collection of 12 essays provides a fascinating insight into the application of classical theories of justice to both fundamental issues in the field of intellectual property and contemporary, practical issues.' European Intellectual Property Review

Promotional

DANIEL ATTAS is Senior Lecturer in Philosophy and Director of the Integrative Program: Philosophy, Economics, Political Science, Hebrew University of Jerusalem, Israel PAUL BELLEFLAMME is Professor of Economics at Universite catholique de Louvain, Belgium ALEXANDRA COUTO is at Oxford University, UK GEERT DEMUIJNCK is Professor of Ethics and Political Philosophy, Catholic University of Lille, France PETER DIETSCH is Assistant Professor, Philosophy Department, Universite de Montreal, Canada SPERANTA DUMITRU is a Post-doc Research Fellow, CERSES (CNRS and Universite Paris-Descartes), France GILLES FALQUET is Professor of Informatics, University of Geneva, Switzerland SHUBHA GHOSH is a Professor of Law, University of Wisconsin Law School, USA FRANAaOIS GRIN is Professor of Economics, University of Geneva and a Visiting Professor, University of Lugano, Switzerland ANNABELLE LEVER is a Fellow, Philosophy Department, London School of Economics and Political Science, UK GIOVANNI BATTISTA RAMELLO is Associate Professor of Industrial Economics, Universita del Piemonte Orientale, Italy SEANA VALENTINE SHIFFRIN is Professor of Law and Professor of Philosophy at the University of California, LA, USA JONATHAN TRERISE is a Lecturer, Florida International University, Miami, USA

Long Description

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.

Review Quote

'…a much needed intervention into current debates over intellectual property and social justice…the essays here question and probe deeply the oversimplified justification of modern intellectual-property law…sophisticated and compelling, teaching much about the ways in which philosophy can illuminate and enrich economic analysis of law.' Madhavi Sunder, Erasmus Journal for Philosophy and Economics 'This book of readings on intellectual property is unusual in three respects: the international cast of the contributors, the widening of the focus of analysis to include not only law and economics but also philosophy, and the decision to examine both theoretical questions and concrete practical questions. Most important is the high quality of the contributions. They not only are of high intellectual quality, but they are lucid and well written; and the introduction is a model of clarity.' - Richard A. Posner, US Court of Appeal, Seventh Circuit 'Dramatically strengthened and globalized, intellectual property rules are shaping the evolution of whole sectors of the world economy: technology, pharmaceuticals, agriculture, publishing, and entertainment. The world's most powerful corporations and governments are therefore fighting intensely over the design of these rules. The present collection highlights the main moral issues raised by intellectual property rights. It discusses these issues at the level of principle, and also in a series of focused moral analyses of the most pressing innovation-access dilemmas and of various reform ideas. An excellent introduction to a complex, shifting, and very important moral terrain.' - Thomas Pogge, Leitner Professor of Philosophy and International Affairs Yale University 'This collection of 12 essays provides a fascinating insight into the application of classical theories of justice to both fundamental issues in the field of intellectual property and contemporary, practical issues .' European Intellectual Property Review

Description for Bookstore

A seminal exploration of intellectual property and theories of justice from a philosophical perspective

Details ISBN0230285023 ISBN-10 0230285023 ISBN-13 9780230285026 Format Paperback Media Book Publisher Palgrave Macmillan Short Title INTELLECTUAL PROPERTY & THEORI Language English DEWEY 346.048 Year 2008 Imprint Palgrave Macmillan Place of Publication Basingstoke Country of Publication United Kingdom Pages 277 AU Release Date 2008-10-27 NZ Release Date 2008-10-27 UK Release Date 2008-10-27 Illustrations XI, 277 p. Edited by A. Strowel Author A. Strowel Publication Date 2008-10-27 Audience Undergraduate Alternative 9781349282975 We've got this

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