I am strongly convinced that the possession of ideas and creations of the intellect is not possible. In my opinion, only physical things can be possessed, that is, things that are limited, that is, that can only be in one place. The power or the freedom to do with the object what one wants corresponds to the concept of possession. This does not mean, however, that one must expose everything openly. It is ultimately the difference between proprietary solutions, where the “construction manual” is kept to oneself, and the open source philosophy, where this source is accessible to everyone.
As the title says, I would oppose this thesis to your arguments and hope that together we can rethink and improve our positions. Please keep in mind that this can be an enrichment for all, so we discuss with each other and not against each other ;)
I would argue that the problem wasn’t with the fact that IP didn’t exist. Patents were made to counteract a bigger problem without actually solving the reason for the problem (and in so creating bigger problems).
The problem was that they personally gained more from that knowledge being hidden than being in the open. However if you have a system where it is more beneficial for that information being open and based on cooperation that wouldn’t be a problem. Think of the open source community, if you make a tool that people use it is far better for you to let the community help with fixing bugs and improving it than just working on it on your own.
There will always be people who do not expect to be compensated financially for the work for they put into their inventions. And there will always be people who do expect to be compensated financially.
The latter often includes people who make tools that they don’t actually use. Unlike the open source community, they only make tools in order to sell them to others.
With a patent system, society will benefit from the efforts of both types of people. Without one, they will benefit only from the former.
Thus, patents maximize the rate of technological progress.
The only point is whether you can make a claim to it at all. Is it even possible to claim that every labour has a right to be paid? Or should the wage be related to the product of the work, which can then be rewarded accordingly? Or to put it in an example: Should we reward office workers according to their work or according to their performance? The answer of the social state is that we should reward the work, i.e. the effort, so that no one is disadvantaged on the basis of his or her ability or possibilities. As a libertarian, I tend towards the second: Equal end product - equal pay.
If I want to pay Joe $X for their labor and Joe is willing to accept $X for their labor, then I don’t see why a libertarian bystander would object.
If you interrupted us and said, “Sorry, you guys can’t do that. Joe must be paid according to a performance model I developed, or you’re not allowed to hire him”, then you are not a libertarian.
Some people, like open source developers, are willing to work for free. Most people are not.
Apple is coming out with a new iPhone this year. The vast majority of people who worked to produce the new iPhone would not have done so for free. Same is true of every other Apple product, all big studio movies, and nearly all AAA console games, CPUs, and GPUs. All of those things require significant capital investment (unlike most open source software), but none of those things would be profitable without IP protection. So none of them would exist without IP protection.
That doesn’t mean a world without IP would completely lack new products. But it would lack easily copied products that require significant capital investment. So you would play only fan-made indie games and you would watch only self-funded low budget experimental films. You certainly would not get new versions of various consumer electronics to choose from every single year.
For the vast majority of consumers, the benefits of IP protection are worth it.