Towards a critique on intellectual property

Abstract

In order to understand the essence of digital and virtual world relations and their outcomes, as they gain more social relevance in contemporary society, this paper investigates the category of intellectual property not from the prism of the law but rather on philosophical terms. Such philosophical analysis is based on immanent critique. The starting point is the axiomatic notion of modern capitalism, where the categories of property and intellectual property are regarded as two separated entities. Hegel’s philosophy of law enables an important reflection on these two categories since, already in its method, it apprehends the contradictions of bourgeoisie society. Accordingly, contrasting reality and Hegel’s understanding, a conflict arises within the notion of intellectual property and its praxis under the rule of law. The state appears as a necessity to guarantee and mediate an immanent conflict that arises from the privatization of intellectual property. As an insoluble problem that emerges within such praxis, the present analysis offers an alternative to the paradigm of a split between property and intellectual property. Based on Lukács’ non-essentialist-ontology of the social-being, intellectual property is explained through the prisms of labour and cultural development of human thought.