Justifying Intellectual Property Protection: Why the Interests of Content Creators Usually Win Over Everyone Else's

Justifying Intellectual Property Protection: Why the Interests of Content Creators Usually Win Over Everyone Else's

Kenneth Einar Himma (Seattle Pacific University, USA)
Copyright: © 2007 |Pages: 22
DOI: 10.4018/978-1-59140-968-7.ch003
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Abstract

I argue that the law should provide limited protection of intellectual property interests. To this end, I argue that whether the law ought to coercively restrict liberty depends on an assessment of all competing interests. Further, I argue that the interests of content creators in controlling the disposition of the content they create outweigh the interests of other persons in using that content in most, but not all, cases. I conclude that, in these cases, morality protects the interests of content creators, but not the interests of other persons and hence would justify limited legal protection of the content creators’ interests.

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Table of Contents
Acknowledgments
Emma Rooksby
Chapter 1
Sirkku Kristina Hellsten
This chapter is about the role of ICT in global justice. It will analyze, firstly, the epistemological relationship between new information... Sample PDF
From Information Society to Global Village of Wisdom? The Role of ICT in Realizing Social Justice in the Developing World
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Chapter 2
Don Fallis
The digital divide refers to inequalities in access to information technology. Those people who do not have access to information technology are at... Sample PDF
Epistemic Value Theory and the Digital Divide
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Chapter 3
Kenneth Einar Himma
I argue that the law should provide limited protection of intellectual property interests. To this end, I argue that whether the law ought to... Sample PDF
Justifying Intellectual Property Protection: Why the Interests of Content Creators Usually Win Over Everyone Else's
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Chapter 4
Charles Ess
The explosive, global diffusion of information and communication technologies (ICTs) and computer-mediated communication (CMC) confronts us with the... Sample PDF
Universal Information Ethics? Ethical Pluralism and Social Justice
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Chapter 5
Soraj Hongladarom
The problem of global digital divide, namely disparity in internet access and use among the various regions of the world, is a growing concern. Even... Sample PDF
Global Digital Divide, Global Justice, Cultures and Epistemology
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Chapter 6
Digital Disempowerment  (pages 112-147)
Kenneth L. Hacker, Shana M. Mason, Eric L. Morgan
The digital divide involves fundamental ethics issues concerning how democracy and democratization are related to computer-mediated communication... Sample PDF
Digital Disempowerment
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Chapter 7
Bernd Carsten Stahl
A book on the topic of information technology and social justice would seem to be based on several implicit assumptions. One of these is that there... Sample PDF
Social Justice and Market Metaphyics: A Critical Discussion of Philosophical Approaches to Digital Divides
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Chapter 8
Sheila French
The majority of women are not involved in the design, manufacturing or shaping of technology in many Western societies. This is at a time when... Sample PDF
Discourses in Gender andTechnology: Taking a Feminist Gaze
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Chapter 9
Darryl Macer
Computers are a vehicle for the information age, and are central to the dispersal of descriptive accounts of technology, and to interactive... Sample PDF
Computing Ethics, Intercultural Comparisons
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Chapter 10
William Wresch
This chapter examines well-known technological shortages in developing countries in the context of Amartya Sen’s capabilities approach. The... Sample PDF
500 Million Missing Web Sites: Amartya Sen's Capabilities Approach and Measures of Technological Deprivation in Developing Countries
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Chapter 11
A. Raghuramaraju
This chapter introduces two distinct models of morality, namely, constitutive which is available in traditional moral philosophy and consequential... Sample PDF
Computer Ethics: Constitutive and Consequential Morality
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Chapter 12
Emma Rooksby, John Wekert, Richard Lucas
In this paper, the authors examine the problem of the digital divide in Australia, drawing substantially on a study by carried out for the... Sample PDF
The Digital Divide in Australia: Is Rural Australia Loosing Out?
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Chapter 13
Yeslam Al-Saggaf
This chapter looks at the effects of the widening of the gap between the ‘haves’ and ‘have-nots’, in terms of the digital divide, in Saudi Arabia.... Sample PDF
The Digital Divide within the Digital Community in Saudi Arabia
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About the Authors