Pluralism and Context: Intellectual Property and the Social Understandings of Intellectual Goods

Abstract

Intellectual property affects an increasingly large range of social life. Despite the breadth of goods and activities affected by intellectual property schemas, policy-makers, legislators, jurists and even many social theorists have a narrow understanding of the basis for instituting intellectual property rights and understanding their limits: most see intellectual property rights only as a means to create more intellectual goods in society. My dissertation argues that our intellectual property schemas and policies need to be more sensitive to the diversity of values involved in the social meanings of different intellectual goods and activities. Contrary to those who claim that "information wants to be free," I defend a property-based approach to the protection and regulation of intellectual goods. I argue that intellectual property schemas need to do a better job responding to the diversity of value that characterizes intellectual activities and goods. Finally, I argue that context is an important tool for marking out which values are to be promoted in different circumstances and communities.