[pp.int.general] International day of Sharing - September 12
Rodrigo Pereira
rodripe at gmail.com
Mon Jun 29 20:18:10 CEST 2009
On July 15, 1967 was founded the WIPO.
We could do an global act against the ideology of "intellectual property" on
July 15.
2009/6/29 Reinier Bakels <r.bakels at planet.nl>
>
>> 1. "Natural law" is generally perceived by lawyers as a very weak =
>> proposition from a methodological perspective. It means: it is naturally
>> =
>> so - don't ask any further questions - or in less polite terms: shut up!
>>
>> These decisions are political rather than legal, which means they are
>> not made directly by lawyers. Many politicians are lawyers, but few
>> of them practiced copyright law. So even if philosophically inclined
>> lawyers have a basis to resist this influence, its influence is very
>> strong on politicians and the public.
>>
> You are right, the claim for a "natural right" is first of all a political
> claim.The bad thing is that "natural right" *claims* "naturality", some sort
> of legal justification, which is NONEXISTING!
>
>>
>> Scholars soon acknowledged that this was incorrect. If you want =
>> to cite an authoritative source: the great German scholar Joseph Kohler
>> =
>> (1849-1919) proposed "immaterial goods rights" =
>> (Immaterialg=C3=BCterrechte in German)
>>
>> I don't know German, but I have a vague (perhaps mistaken) feeling
>> that "recht" does not correspond perfectly to the English word
>> "right". Can it also mean "law" or "justice"? Perhaps there is a better
>> way to translate his term, one which would avoid the implication of
>> "rights" in English.
>>
>
> In German (and Dutch, my native language) the same word "recht" is used
> both for law (=justice) and right. So we distinguish rights as "subjective
> rights" = rights belonging to someone. This is basic undergratuate law
> terminology, without any prejudice to the legitimacy of rights. The essence
> of professor Kohlers statement was a denial of the "intellectual property"
> concept - don't we agree on that?
>
> reinier
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