CEU Electronic Theses and Dissertations, 2013
| Author | Franklin, Brent |
|---|---|
| Title | The Case Against a Moral Right to Intellectual Property |
| Summary | This thesis looks at the question of whether there is a moral right to intellectual property and argues that there is not. Focus is placed on the right to exclude, which I argue is the essential and controversial component of property rights in general, as well as intellectual property rights. I proceed by examining a wide range of arguments which purport to justify a moral right to intellectual property. I argue that these approaches all fail on at least one of three counts: (i) they do not properly address the burden of justification, (ii) they may be satisfied by property systems that do not include intellectual property, or (iii) they cannot be made to apply to non-rival goods. In addition, I consider whether intellectual property might be justified as a way to protect against free riding. I argue that this will depend on whether the interference from free riders is impermissible, a direction which diverges from the considerations usually relevant to property, but also one that requires further investigation. I conclude that none of the justificatory arguments considered will succeed in establishing a moral right to property, largely due to its non-rival nature. |
| Supervisor | Kis, Janos |
| Department | Philosophy MA |
| Full text | https://www.etd.ceu.edu/2013/franklin_brent.pdf |
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