[Ecommerce] Re: [Hague-jur-commercial-law] Contracts that restrain competition or impede the transfer of technology
Richard Stallman
rms@gnu.org
Sat Apr 3 08:30:06 2004
I think your advocating the other extreme here in your final remark.
Far from it. I do not have any opinion about "intellectual property."
The various aspects of life and law that some people group under that
term are so disparate that it makes no sense to think about them
together. I have no opinion about "intellectual property" because
formulating opinions in those terms leads to simplistic opinions.
The term "intellectual property" is biased as well as overgeneralized.
If you are considering the issue of how to treat a certain aspect of
life, labeling the issue as one of "intellectual property" prejudges
the most basic question: "How should we treat this?" It supplies a
presumptive answer: "As a kind of property, of course! The issue
we are discussing is 'intellectual property'."
But I am not suggesting that we replace one biased overgeneralization
with another biased overgeneralization. The right thing to do is not
generalize about patents, copyrights, trademarks, and other things.
The most straightforward way to help people think about them
individually is not to generalize them.