The protection, extent and utility of intellectual property rights (IPRs) are becoming increasingly a matter ofconcern throughout the world-in some countries for the first time. In such a state of affairs, it is important toclarify 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 unavoidablyenter into the analysis. The main purpose of this study is to explore the implications of IPRs as they pertain tosoftware. The issues surrounding IPRs are important because the world is moving more and more towards aknowledge economy, which demands a constant stream of intellectual ideas to sustain it. Moreover, since IPRscan frequently determine both the types of product and services businesses provide, they can be ignored onlyat great risk. What follows is an examination (with special attention to conditions in the United States andChina) 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 impasseamong those clamoring for and offering free software on the one hand and those wishing to profit commerciallyfrom creating and supplying useful software on the other hand.
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