[pp.int.general] map of intellectual property rights in lund

[Reinier Bakels]

> Whatever it is, is there a way to describe it which doesn't use the
> propaganda term "intellectual property"?  Lumping together copyrights
> and patents is always confusing, and that's not counting all the other
> "intellectual property" laws.
>
> Perhaps we need to hijack the term "intellectual Property" in the same way 
> we're hijacking the term "pirate" and give it a more realistic image;
>
The true, practical risk is that "intellectual property" becomes a legally 
recognised form of property, instead of a generic designation similar to 
"criminal law" or "private law". Any replacement *by a single term* suffers 
from the same problem.

Actually the risk already materialised in some EU directives, e.g. the 
enforcement directive (IPRED1). The perception may emerge that a fruits of 
human creativity are protected - while actually most lawyers agree that only 
specific forms of intellectual property are protected AS AN EXCEPTION TO THE 
RULE OF INFORMATION FREEDOM. The corollary is that there are no "unwritten" 
intellectual property rights. But some writers tend to disagree. There are 
some borderline rights. Trade names, domain names, slavish imitation, 
know-how (as far as not protected by patents). There is a clash between the 
"protection" paradigm and the freedom of competion paradigm. If you really 
prefer full protection against competition, move to North Korea.

Another problem is the gradual extension of the Theft concept in criminal 
law. Originally one could steal only real things. One can also steal 
electricity (it is even codified in German law, and in my country it was 
recognised by the Supreme Court in 1921). The proper word for intellectual 
property has always been: infringement - but why not call it theft too? 
Record company lobbyists (RIAA, IFPI) already do. Criminal provisions for 
fencing already apply e.g. to copyright.

Some people don't understand that information is really something very 
different than material goods. There is a law of conservation of matter 
(mass), but no law of conservation of information (I am referring to laws of 
physics here, of course!)

reinier