{"id":123144,"date":"2020-07-07T16:15:50","date_gmt":"2020-07-07T20:15:50","guid":{"rendered":"https:\/\/ipwatchdog.com\/?p=123144"},"modified":"2023-03-29T13:07:10","modified_gmt":"2023-03-29T17:07:10","slug":"unalienable-rights-understanding-americas-growing-disdain-physical-intangible-property","status":"publish","type":"post","link":"https:\/\/ipwatchdog.com\/2020\/07\/07\/unalienable-rights-understanding-americas-growing-disdain-physical-intangible-property\/id=123144\/","title":{"rendered":"\u2018Unalienable Rights\u2019: Understanding America\u2019s Growing Disdain for Physical and Intangible Property"},"content":{"rendered":"

\u201cStarting first with the Napster generation and the view that sharing copyrighted music is somehow an unalienable right in and of itself, the disregard for creators not only transcended the public but has transcended all the way to the Supreme Court itself.\u201d<\/p>\n<\/div>\n

\"Declaration<\/a>\u201cWe hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness,\u201d reads the preamble to the Declaration of Independence<\/em>, a document authored by Thomas Jefferson, edited by Benjamin Franklin, and signed by some 56 Congressional delegates.<\/p>\n

Over the weekend, we celebrated the 244th <\/sup>anniversary of the signing of the Declaration of Independence, and in light of everything that has happened over the second quarter of 2020 it is perhaps a good time to reflect.<\/p>\n

So much of the second quarter of 2020 has been defined by two major events\u2014 the unnecessary and unacceptable killing of George Floyd and COVID-19. In the coming weeks and months there will be much written and debated by experts in the field of social justice, police reform and government relating to just about every aspect of the events relating to the death of Mr. Floyd. As those conversations ensue, and reforms are brought to bear, as more fully explained below, America should also take this opportunity to have a broader conversation about private property rights\u2014 real, personal and intangible. That is where our expertise lies, and we will attempt to facilitate that conversation.<\/p>\n

Happiness Instead of Property<\/strong><\/h2>\n

John Locke greatly influenced the Founding Fathers, including Thomas Jefferson. According to Locke, the legitimate basis of government is to protect inalienable natural rights each individual possesses through birth. Among these unalienable natural rights are \u201clife, liberty, and property.\u201d The use of the term \u201cpursuit of happiness\u201d instead of Locke\u2019s reference to \u201cproperty\u201d was intentional, not because it was intended to diminish the desire to view property as an unalienable right, but because the \u201cpursuit of happiness\u201d was viewed as broader and intended to represent the viewpoint that the control of one\u2019s own destiny \u2013 whether relating to tranquility, economics, or political participation \u2013 is an unalienable right.<\/p>\n

A Lack of Respect for Private Property Rights <\/strong><\/h2>\n

Over the last six weeks, there have been large protests in the great American tradition of exercising the right to free speech, assembly and participation in petitioning government for change. Unfortunately, late into the evening in at least some American cities, long after peaceful protesters had gone, a few agitators have shown a disregard for private property rights.<\/p>\n

Much of what has gone on, even late into the evening, can be and is defended by some as part of any rebellion. And even Thomas Jefferson spoke fondly of an \u201chonourably conducted\u201d rebellion every 20 years or so<\/a>. But the opportunistic looting by a few speaks to a deeper- rooted belief structure.<\/p>\n

Those familiar with intellectual property and the plight of creators well know this belief structure. The disregard for the intangible property rights has become clich\u00e9 over the last generation, and increasingly so over the last decade. And it is not just inventors who find their innovations appropriated by large multinational corporations. The mean income of authors in America is very near the poverty line, with many living on welfare<\/a>.<\/p>\n

While talking about intellectual property at a time like this may seem inapt, the mindset that allows one to ignore the rights of another cannot be cabined and shouldn\u2019t be ignored. In fact, this mindset and viewpoint has precisely and specifically been ignored for too long. As Martin Luther King, Jr. condemned rioting, he also acknowledged that \u201ca riot is the language of the unheard.\u201d<\/p>\n

A Quick History of the Demise of Respect for Intangible Property<\/strong><\/h2>\n

Starting first with the Napster generation and the view that sharing copyrighted music is somehow an unalienable right in and of itself, the disregard for creators not only transcended the public but has transcended all the way to the Supreme Court itself.<\/p>\n

Witness these curiosities, for which we have the Supreme Court to thank:<\/p>\n