Difference between revisions of "Intellectual property"

From Pin Eight
Jump to: navigation, search
m (finished my sentence)
(Why it confuses: easements; active voice)
Line 7: Line 7:
 
Richard M. Stallman, founder of the project to develop the GNU operating system,[http://www.gnu.org/] has called the use of the term "intellectual property" by these publishers "a seductive mirage".[http://www.gnu.org/philosophy/not-ipr.html]
 
Richard M. Stallman, founder of the project to develop the GNU operating system,[http://www.gnu.org/] has called the use of the term "intellectual property" by these publishers "a seductive mirage".[http://www.gnu.org/philosophy/not-ipr.html]
 
As I understand it, his points are as follows:
 
As I understand it, his points are as follows:
* "Intellectual property" conflates the respective purposes and scope of copyright, patent, trademark, and trade secret law.
+
* "Intellectual property" conflates the respective purposes and scope of copyright, patent, trademark, and trade secret law. Copyrights and patents exist to promote investment in works and inventions, unlike trademarks whose purpose is closer to consumer protection.
* "Intellectual property" further conflates the respective purposes and scope of these legal traditions with those of laws governing land use.
+
* "Intellectual property" further conflates the respective purposes and scope of these legal traditions with those of laws governing the use of [[wikipedia:real estate|real estate]] or [[wikipedia:immovable property|immovable property]]. But IP proponents do have a point; for example, [[wikipedia:fair use|fair use]] and other limitations of copyright correspond roughly to [[wikipedia:easement|easements]].
* Abbreviation as "IP" implies that these conflations should have been well accepted enough that the reader should take them for granted.
+
* Abbreviation as "IP" implies that the general public has accepted these conflations to the point that the reader should take them for granted.
  
 
== How to write more clearly ==
 
== How to write more clearly ==

Revision as of 17:06, 17 August 2010

Intellectual property is an umbrella term used by publishers of non-free works to refer to copyrights, patents, trademarks, and trade secrets based on these vague similarities:

  • they all arise from intellectual effort, and
  • they are all forms of "property", or state-sponsored rights to exclude other people from doing certain things.

Opponents of the practices of some of these publishers claim that this term invites confusion.

Why it confuses

Richard M. Stallman, founder of the project to develop the GNU operating system,[1] has called the use of the term "intellectual property" by these publishers "a seductive mirage".[2] As I understand it, his points are as follows:

  • "Intellectual property" conflates the respective purposes and scope of copyright, patent, trademark, and trade secret law. Copyrights and patents exist to promote investment in works and inventions, unlike trademarks whose purpose is closer to consumer protection.
  • "Intellectual property" further conflates the respective purposes and scope of these legal traditions with those of laws governing the use of real estate or immovable property. But IP proponents do have a point; for example, fair use and other limitations of copyright correspond roughly to easements.
  • Abbreviation as "IP" implies that the general public has accepted these conflations to the point that the reader should take them for granted.

How to write more clearly

If by "intellectual property" you mean copyright, say "copyright" instead of "intellectual property" and "copr." instead of "IP". If by "intellectual property" you mean a bundle of disparate rights that are licensed as a unit, consider how they differ before writing.

External links