Information and Intellectual Property Protection: Evaluating the Claim that Information Should Be Free

American Philosophical Association Newsletter on Philosophy and Computers, Forthcoming

15 Pages Posted: 23 May 2005

See all articles by Kenneth Einar Himma

Kenneth Einar Himma

University of Washington - School of Law

Abstract

The claim "information should be free" (hereinafter ISBF) has become a rallying cry for those who believe intellectual property rights are illegitimately protected by the state. In this essay, I will attempt to (1) determine what ISBF means (which will require determining what the concept-term "information" means as used in ISBF); (2) evaluate what kind of support there is for ISBF; (3) determine whether ISBF conforms to ordinary views about the propriety of certain restrictions on the free flow of information; and (4) determine whether ISBF provides good reason for thinking that legal protection of intellectual property rights is illegitimate. I will argue that the most charitable interpretation of ISBF lacks adequate support in mainstream moral views and thus cannot ground a wholesale challenge to the legitimacy of intellectual property rights.

Keywords: information, intellectual property, rights, legitimate

Suggested Citation

Himma, Kenneth Einar, Information and Intellectual Property Protection: Evaluating the Claim that Information Should Be Free. American Philosophical Association Newsletter on Philosophy and Computers, Forthcoming , Available at SSRN: https://ssrn.com/abstract=727446

Kenneth Einar Himma (Contact Author)

University of Washington - School of Law ( email )

William Gates Hall
Seattle, WA 98195-3020
United States

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