Rethinking the ownership of information in the 21st century: Ethical implications

This paper discusses basic concepts and recent developments in intellectual property ownership in the United States. Various philosophical arguments have previously been put forward to support the creation and maintenance of intellectual property systems. However, in an age of information, access to information is a critical need and should be guaranteed for every citizen. Any right of control over the information, adopted as an incentive to encourage creation and distribution of intellectual property, should be subservient to an overriding need to ensure access to the information. The principles underlying intellectual property regimes in the United States recognize and embody this. In addition, the philosophical/ethical dimensions of this debate could also be structured to support this attitude as well. Intellectual property is fast becoming digital property. New technologies allow owners to extend their control of both legitimate uses and misuses of the intellectual property. Recent trends demonstrate that the access principle has not always been paramount in judicial or legislative applications. The trend rather is to allow a proprietarianism factor to dominate the analysis. Finally, several principles are forwarded which would assist adjudicators and policy makers in reaffirming the basic purpose of the intellectual property law, which is to benefit the public at large. © 2000 Kluwer Academic Publishers.