Finally! Fina-f’king-ly! After years of campaigning against it, someone listens. Cory Doctorow of BoingBoing fame, writing in Thursday’s edition of the Guardian says:
“Intellectual property” is one of those ideologically loaded terms
that can cause an argument just by being uttered. The term wasn’t in
widespread use until the 1960s, when it was adopted by the World
Intellectual Property Organization, a trade body that later attained
exalted status as a UN agency.
WIPO’s case for using the term
is easy to understand: people who’ve “had their property stolen” are a
lot more sympathetic in the public imagination than “industrial
entities who’ve had the contours of their regulatory monopolies
violated”, the latter being the more common way of talking about
infringement until the ascendancy of “intellectual property” as a term
of art.
Does it matter what we call it? Property, after all, is a
useful, well-understood concept in law and custom, the kind of thing
that a punter can get his head around without too much thinking.
That’s
entirely true - and it’s exactly why the phrase “intellectual property”
is, at root, a dangerous euphemism that leads us to all sorts of faulty
reasoning about knowledge. Faulty ideas about knowledge are troublesome
at the best of times, but they’re deadly to any country trying to make
a transition to a “knowledge economy”.
Fundamentally, the stuff we call “intellectual property” is just knowledge
- ideas, words, tunes, blueprints, identifiers, secrets, databases.
This stuff is similar to property in some ways: it can be valuable, and
sometimes you need to invest a lot of money and labour into its
development to realise that value.”
Property is an object that is physically manifested in shape or form. Not, some arcane abstract that is flawed both ideologically and fundamentally. It’s much easier (abusing the legal system) to take action - civil or criminal - against someone who has ‘infringed your intellectual property rights’ than someone who ‘violates the contours of a regulatory monopoly’.
An idea is not “exclusive” in the property sense, even less if you believe in the Morphic Resonance Theorum. Ideas propergate themselves and it’s is not impossible that someone in the world has the same idea as you.
He goes on:
“If you trespass on my flat, I can throw you out (exclude you from my
home). If you steal my car, I can take it back (exclude you from my
car). But once you know my song, once you read my book, once you see my
movie, it leaves my control. Short of a round of electroconvulsive
therapy, I can’t get you to un-know the sentences you’ve just read here.
If we’re going to achieve a lasting peace in the knowledge wars, it’s
time to set property aside, time to start recognising that knowledge -
valuable, precious, expensive knowledge - isn’t owned. Can’t be owned.
The state should regulate our relative interests in the ephemeral realm
of thought, but that regulation must be about knowledge, not a clumsy remake of the property system.”
The GNU/Linux Project has been able to propergate albeit with some support from vendors selling support (not the software) Red Hat, Linspire, Debian, Ubuntu etc….
The CreativeCommons Project is now gaining recognition with places like Flickr, Revver and Flixya embracing the new remix culture.
“Intellectual property” is a silly euphemism | Technology | guardian.co.uk