Ethical Theories of Property

What are the three main ethical theories of property

1. Labor Theory

2. Utilitarian Theory

3. Personality Theory

Explain the Labor Theory of Property

Argues that a property right is a natural right justified by the labor or effort one invests in producing or cultivating something.

• Challenge for IP: Intellectual creations don't always involve physical toil, making its application to IP sometimes difficult.

Explain the Utilitarian Theory of Property.

Argues that property rights are artificial rights created by the state, justified because they incentivize creativity and innovation (e.g., patents/copyrights), leading to greater overall social utility and benefit.

Explain the Personality Theory of Property.

Argues that intellectual creations are extensions of the creator's personality and thus inherently deserve legal protection.

• Focus: Grounded in the intrinsic relationship between the creator and their work, unlike labor/utilitarian theories which base rights on monetary reward or social good.

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Flashcard 54 (Information Commons Definition)

Define the Information Commons.

"A body of knowledge and information that is available to anyone to use without the need to ask for or receive permission from another, providing any conditions placed on its use are respected." It refers to shared resources like public domain works or open-source software.