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Although the relationship between intellectual property and human rights is complex, [54] there are moral arguments for intellectual property. The arguments that justify intellectual property fall into three major categories. Personality theorists believe intellectual property is an extension of an individual.
Contemporary arguments have focused on ways that patents can slow innovation by: blocking researchers' and companies' access to basic, enabling technology, and particularly following the explosion of patent filings in the 1990s, through the creation of "patent thickets"; wasting productive time and resources fending off enforcement of low-quality patents that should not have existed ...
There is an argument that copyright is invalid because, unlike physical property, intellectual property is not scarce and is a legal fiction created by the state. The argument claims that, infringing on copyright, unlike theft, does not deprive the victim of the original item. [3] [4]
Arguments and critiques have been focused mostly on the economic consequences of software patents. One aspect of the debate has focused on the proposed European Union directive on the patentability of computer-implemented inventions , also known as the "CII Directive" or the "Software Patent Directive," which was ultimately rejected by the EU ...
Kinsella also states that the only way that intellectual property rights can be implemented is by limiting others' physical property rights. [12] David D. Friedman takes a neutral stance on intellectual property, arguing that "there are good arguments on both sides of that question". [13] J. Neil Schulman instead argued in favor of intellectual ...
Several arguments have been made against the labor theory, with critics pointing out that property cannot be mixed with actions, and if original labor is important in the creation of a work, then any other use of that work or subsequent labor should be given the same rights as those given to the original author. [2]
Even if OpenAI’s argument on jurisdiction fails to stop the lawsuit initially, an Indian intellectual property lawyer said it could later help the company make the point that a court order would ...
The classic argument in defense of copyright is the view that giving the developers a temporary monopoly over their works encourages further development and creativity, giving the developer a source of income, and thus encourages them to continue their creative work; usually copyright is secured under the Berne Convention, established by Victor ...