The Public Domain Chapter 3

Enclosure Movement What is enclosure? – Moving common property to private property Considered important for increasing productivity/efficiency of resource – Motivates longer-term planning – Motivates investment (of money/effort to increase productivity of the resource)

Arguments for Enclosure Overuse – The “tragedy of the commons” – Without, people “get while the getting is good” Enclosure movement is based on pessimism about ability to manage commonly-owned resources – Is this human nature? If resources are free then there is no motivation for creators

Example of Modern Enclosure Discussion Moore vs. Regents of Univ. of California – No private property rights to “sources” – Rights are to the organization identifying the …

Moore vs. Regents of California Focus in Boyle’s book is on right of “sources”, which are much like the natural rights arguments not supported by the constitution Facts are that – In 1976 Moore signed consent authorizing removal of his spleen (and provided samples) – 1983 Moore refused to sign consent for continuing research – 1984 Regents received patent over process of using cell line in production of lymphokines ($3B business over 6 year period) – Judges found that the defendants showed that the cell line was distinct from cells taken from Moore’s body

Economic Assumptions Economic (utilitarian) rationale rather than natural right – Need to motivate creators – People do not own their own DNA because there is no need for motivation to have DNA? Markets are needed to efficiently allocate resources (for R&D and other creative acts) – Property is a prerequisite for markets

Differences in Property Types (1) Intellectual goods are non-rival – Cannot be overused (except for some pop music) But they are also viewed as non-excludable – Once someone has an idea it cannot be removed – It is hard to stop them from sharing it

Differences in Property Types (2) Ideas are made up of other ideas – But isn’t this true for physical property too?