A Philosophical Analysis of Intellectual Property Rights as They Pertain to Software

The protection, extent and utility of intellectual property rights (IPRs) are becoming increasingly a matter of concern throughout the world—in some countries for the first time. In such a state of affairs, it is important to clarify foundational issues. This paper endeavors to contribute a novel philosophical (rather than an empirical) analysis of intellectual property rights and their ramifications—though legal considerations will unavoidably enter into the analysis. The main purpose of this study is to explore the implications of IPRs as they pertain to software. The issues surrounding IPRs are important because the world is moving more and more towards a knowledge economy, which demands a constant stream of intellectual ideas to sustain it. Moreover, since IPRs can frequently determine both the types of product and services businesses provide, they can be ignored only at great risk. What follows is an examination (with special attention to conditions in the United States and China) of the philosophical and legal foundations of IPR as well as objections to the very institution of IPRs. This paper concludes with a critique of the free software ideology and offers proposals to end the impasse among those clamoring for and offering free software on the one hand and those wishing to profit commercially from creating and supplying useful software on the other hand.