Wilson, JGS; (2012) On the value of the intellectual commons. In: Lever, A, (ed.) New Frontiers in the Philosophy of Intellectual Property. (pp. 122-139). Cambridge University Press: Cambridge, UK.

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Abstract

Philosophers have so far contributed little to these debates on the optimal regulation of ownership of intellectual property (IP). This chapter analyses what contribution philosophy can expect to make. I begin by distinguishing two tasks that philosophy can attempt when it comes to the optimal regulation of IP: first, philosophers can devise a high level regulatory model for IP, explaining how, for example the ontology of ideas makes a difference to how we should regulate them, and what the overall goals are that we should have in an IP policy. Second, philosophers can attempt to make cogent and concrete policy suggestions on the basis of such a high level regulatory model. I argue that it is often extremely difficult to draw cogent and concrete policy proposals from even extremely good moral and political philosophy; and given the paucity of philosophical theorising so far about IP, it would be especially ambitious to expect philosophers now to construct theories which will have concrete and cogent policy implications. Hence this chapter focuses mostly on the first task.

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