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Keith,<BR>
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Thanks for your response. More than outright demolition of what I proposed, I feared the silence it might be greeted with. But I disagree with your contention that it is futile to try imagining a different regime of intellectual property, since the problem is with the very notion of ‘intellectual property’, or even with the very notion of private property. <BR>
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It is true that we will never be able to fabricate a perfect legal regime for intellectual property, or property, or for anything at all. We should not even attempt. Just as the attempt to institute a perfect democracy may give birth to a tyranny, so the attempt to create the perfect law will only cause mayhem. But, this is certainly not a reason for abandoning all aspirations for a change of regime. Within any legal framework, there will always be outlaws, gangsters, pirates, and bandits, whose illegality will not prevent our moral economy to include them or embrace them. Different legal regimes, however, will create different kinds of outlaws. We can compare them and find one system of law-outlaw better than another one. Moreover, people want to get on with their ordinary lives. Rather than change their lives by becoming either law-abiding or outlaws in a given regime, they might want to change the regime. Or, prevent a change to a worse regime, as is the case right now in India, where many are working to stop the change from the product patent law to a process patent law. <BR>
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I find it difficult to imagine a society without any notion of ownership. I suspect that the notion of ownership will be smuggled in, in some form or other, in all such attempts at property-less society. And it may be as tyrannical as a perfect legal regime of private property. I think that the question is: what form of ownership or property, with what limits, on what bases? Of course, we cannot answer this in a vacuum. Various debates, battles, cases, arguments, movements are going on in different fields of music, academic publishing, etc. etc. There is enough research and information to show that the piracies, the so-called copy culture, are not only vital to economic survival of large number of people, at least in countries like India, but also a locus of creativity and enjoyment. With the stricter regime of intellectual property now in the process of implementation, they are forever under the threat of police raids and so on. There is nothing wrong with celebrating these piracies, and indulging in them, but we cannot be neutral to the question of intellectual property regime at this point in time.<BR>
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Should we argue for the abolition of all laws of intellectual ownership and banish this notion? This position is precariously balanced on a knife-edge, between the neutral and the most radical. Be that as it may. I will argue that some notion of intellectual ownership or ownership of cultural materials is essential to contemporary life. Illegal industries, piracies, remix industry, all work with some notion of intellectual ownership. If a new technique is developed, measures are taken to see to it that the competitors do not immediately copy it. And this is accepted as the norm. In the different context of academic production, research institutes and university systems will be unable to function without such a notion. Stealing of credits by the supervisors and senior researchers is rampant. A balanced notion of rightful intellectual ownership is needed for the activity of modern research. In yet another context, people working in corporations find their spare time thoughts being claimed by their employers. When you have such large numbers of people living on the basis of their intellectual and technical skills, you cannot just abolish the notion of intellectual property and authorship altogether. If there were no such notion in law, there would have to be such a notion in the common law. I know little about the common law tradition, but I guess that it must be something dynamic, keeping pace with life. And the written law will not be entirely divorced from the common law.<BR>
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In this situation, imagining and working out a coherent perspective on the question of ownership of intellectual creations and a possible legal regime for intellectual property might be of some value. The challenge is that the principle of free sharing of knowledge be not compromised and yet the credit is given where it is due. That vast areas of economic and cultural activities are not deemed illegal and yet a vital ingredient of their normal functioning is not removed. <BR>
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It is here that de-linking the notion of ownership from knowledge and information and linking it to work may help in negotiating the complexities of this issue, while at the same time opening possibilities of a different, more egalitarian future society. <BR>
You have argued that the extension of the notion of property to intellectual arena and cultural products is unjustified. Yes, if the current notion of private property is just transposed to the intellectual arena. But what if our notion of property or ownership that embraces both areas also challenges the dominant notion of property itself? I think the interplay between work and ownership offers us precisely that. Let us also not forget the other dimension of ownership, the dimension of responsibility associated with ownership. This ‘play’ between work and ownership is not something I or anyone else could have invented. Who knows from what streams of lives, traditions, languages, meanings, ideologies, movements it has been shored up to the present. <BR>
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Of course it remains to be seen whether it indeed offers us the perspective we need. Whether I have been deceptively led to believe that it does so. But if it does, then it is worthwhile exploring. <BR>
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There is little possibility of a new regime to be instituted for intellectual property anytime soon. As you point out, Great Powers and their interests are involved. Even if China-Japan-India emerges as a power bloc, it is not going to change the situation by itself. As we have seen in some cases in the music industry in India, a company that thrived on piracy has become a supporter of stricter implementation of IP laws after it became successful. I believe that our confidence in our own knowledge of future, at a world scale and the like, is often misplaced. Who knew in 1985 that Soviet Union would disappear within the coming decade? No one can tell what the significance of subterranean philosophies, practices, forms developing and disappearing under the shadow of great powers is going to be. <BR>
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Moreover, at least in places like India, the question of intellectual property is still open. We need not assume the eventual capitualation of resistance to stricter forms of intellectual property regime. For now, we can perhaps contribute to the tradition of evolving common law and forms of conduct, and use a coherent perspective to argue against the incoherent ad hoc extensions of present property law to intellectual arena. <BR>
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All this is relevant only if the philosophical move that I suggested is sound, and not utopian. <BR>
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-avinash<BR>
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