The Ethics of Enclosure: The Loss of the Public Domain

Abstract

In this short piece I argue that the positions of large industrial producers of cultural and information goods in both extolling the virtues (and seeking the protection of) freedom of speech while at the same time trying to further extend their rights in information goods through intellectual property protection are ethically inconsistent. Using brief examples from a variety of ethical theories, I argue that it is unethical to both seek to strengthen freedom of speech protections on one hand while arguing for increased property rights protection in information goods that inherently diminishes the free speech rights of others.

Keywords: copyright, media, ethics

JEL Classification: K39