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I always saw intellectual property rights as a hack to try and encourage the production of non-rivalrous goods. The scarcity is in some sense enforced and artificial, and there's a strong argument to be made that they aren't they aren't "natural" property rights in the same sense as you get with rivalrous goods.

I think pro-capitalist (mostly libertarian) thought on this matter is divided.



> The scarcity is in some sense enforced and artificial

The problem is, you can mount the very same argument even in the case of normal property rights. At the beginnings of capitalism, the scarcity was in fact enforced by means of https://en.wikipedia.org/wiki/Enclosure.

IMHO, most libertarians are used to idea normal property and take it for "natural", but not so in the "intellectual" world of ideas. It is partly because they benefit from intellectual world not yet completely owned by rich people. But I think people outside computing (unless they are distinctly leftist) are unfortunately lot more content with the idea of "intellectual property".

In my view, there is always a balance between "property rights" and other needs of society - availability of resources to the needy and the general public, innovation and growth.


You have the draw the line somewhere and using physical boundaries is quite useful. It create a natural distinction.

The problem with IP is that there isn't any limit to it. A driver license is not more or less a property than a patent, but it acts wastingly different. Can I sell a driver license? can I rent it? Can I cut it into two different part and give a friend half of it? What makes the exclusivity of state granted driver license a non-property, in contrast to the state granted exclusivity of an patent?


The distinction doesn't look natural to me..

I don't see why anyone should "own" natural resources, or beaches for instance. I understand that we all need a place to live and we want to own our personal possessions, but it doesn't seem to me at all natural to extend this to mines, factories or huge tracts of lands on the other side of the planet, that you perhaps even never see. Maybe the scarcity of natural resources isn't such a big deal unless you have people who simply own to much of it.

In the same vein, I agree that authors and inventors should be compensated for the efforts, but the copyrights and patents shouldn't create more scarcity.


I don't think I can go along with the idea that a license is property. By the very nature of a license, you can't do any of that stuff with it. I'm the one, who, by nature of being granted the license, was granted the privilege the license confers (driving, practicing a specific trade, etc). It would make absolutely no sense to rent out a driver's license to someone who has not demonstrated the competency needed to get one.


You can and it is done. Land ownership is restricted in many ways in many countries just like IP should be.




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