[pp.int.general] ACTA declaration
Boris Turovskiy
tourovski at gmail.com
Thu Jul 8 21:06:48 CEST 2010
Hi Richard,
> Speaking of which: the Executive Office of the President of the United
> States just published the "Joint Strategic Plan on Intellectual Property
> Enforcement
>
> This plan shows how the term "intellectual property" serves the cause
> of repression. It is not a minor detail -- the supposition in that
> expression is the base of the enemy's logic.
>
After some more deliberation I actually think that you, in your staunch
opposition to saying "intellectual property", have bought the copyright
lobby's supposition to a greater extent than those who don't see a
problem with the term.
Let me explain.
When our opponents speak about "intellectual property" in order to, for
example, make out file-sharers as thieves, they appeal to a very
simplistic, intuitive notion that people have of "property" in general -
most often that is supported by specific examples ("what would a pirate
say if I stole their car?"). But that's the exact point that is false,
as there is much more to "property" than this simple situation. Take the
idea of "property on land", which has provided many heated discussions
and led to several revolutions in the 19th and 20th centuries, and while
we're at it, the idea of "property on natural resources". Take "property
on human beings" - commonly known as "slavery" - which is an absolute
no-go in the modern civilized world but must have appeared to be
absolutely "natural" in those societies where it existed (for thousands
of years). Take the restrictions placed by most legal systems on
property rights on behalf of society. And I won't even start to delve
into the notions of property underlying the (current) financial system
which are both much more complex and much less intuitive than the simple
idea of "that's my car".
All in all, there isn't anything simple and natural in the idea of
"property" - rather, it has been constructed in the course of history to
achieve specific aims (or to follow specific philosophical approaches),
this idea has undergone a variety of changes and is even now dependent
on the legal system.
So, there is no intrinsic problem that we should single out certain
parts of the legal system and say that they concern something called
"intellectual property" - as long as it is understood that nothing can
be implied from this as to what specific rules should govern this newly
constructed entity.
From the PR point of view it is also much more constructive to go that
way than to say "there is no intellectual property so we have nothing to
discuss" over and over again;)
Best regards,
Boris
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