[governance] Inputs for synthesis paper

[Tapani Tarvainen]

On Fri, Sep 05, 2008 at 05:42:34PM +0530, Parminder (parminder at itforchange.net) wrote:

> I did ask [Milton] in an earlier email about how you consider property
> rights as real rights in the sense of being negative rights, in the
> complicated property systems that we have today (email enclosed). I
> enquired further how especially IPR, and even more so IPR in digital
> space, could be considered a negative right.

I don't like the concept "intellectual property" at all, as it 
implies similarities with property that really don't apply.
One of them is that most of "IPR" are quite clearly positive rights - 
indeed in effect limitations of Freedom of Expression.

> In fact right to access knowledge (positioned against IPR in
> WIPO discussions) looks more of a negative right, and IPR a positive right.
> When I use an idea I can no way interfere with any other person's right to
> use it - though I may interfere with his state-aided scheme to make money
> out of it, which may be a socio-economic device to promote innovation etc,
> but I cant see it as a right, as rights go, especially in your restrictive
> definition.

Yes. IPR are legal, positive rights, and access to knowledge can 
be interpreted as a negative right.
 
> In the original text there was another question - Are corporate entities
> entitled to rights as we understand the term?

They certainly aren't entitled to human rights!
I would further argue that any rights they have are mere derivatives 
of their owners' (or in some cases, employees') rights.
That is another reason I am suspicious of the term "collective rights".

-- 
Tapani Tarvainen
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