Intellectual property piracy: The narrative construction of deviance

D Halbert - Intellectual Property, 2017 - api.taylorfrancis.com
Intellectual Property, 2017api.taylorfrancis.com
As long as there has been a concept of intellectual property there has been piracy. In fact, it
can be argued that the notion of the proprietary author developed on the backs of pirates.
Law does not emerge fully formed to address the injustices of the world, rather, law is
created through stories that manufacture injustice. In the case of intellectual property, it is
impossible to separate the construction of intellectual property deviants from the construction
of intellectual property rights. The two deviant types used to understand intellectual property …
As long as there has been a concept of intellectual property there has been piracy. In fact, it can be argued that the notion of the proprietary author developed on the backs of pirates. Law does not emerge fully formed to address the injustices of the world, rather, law is created through stories that manufacture injustice. In the case of intellectual property, it is impossible to separate the construction of intellectual property deviants from the construction of intellectual property rights. The two deviant types used to understand intellectual property in the information age are the hacker and the pirate. This article will be focusing on intellectual property piracy. 1 Focusing on intellectual property pirates lends insight into how the law of copyright is narratively constructed at the international level. The notion of an intellectual property pirate developed over a century ago, however, we are witnessing the expansion of this label as the information age provides new products and pirating possibilities.
As intellectual property products become one of the United States’ most important export commodities, a corresponding increase in piracy can be detected. Because new technology products can be perfectly duplicated, the traditional notion of intellectual property, specifically copyright, is experiencing an unparalleled threat. Given the threat posed by a new era of technology prone to exchanging and duplicating products, copyright owners are finding it necessary to utilize their narrative abilities to help expand the notion of copyright into previously uncharted territories. Developing piracy as a threat and strictly
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