Cхід (Feb 2017)
Reconsidering of the ethical and informational dimensions of social life within a philosophic enquiry for intellectual property institution
Abstract
The article analyzes four areas of social life - the so-called "information power", public morality, public information and mass-media information. It's argued that they have become closely related in the information-dependent society. Understanding of their cross correlations and mutual determinations, as well as interconnections of those categories, is an important matter on the way of Intellectual Property philosophic research, believing the IP is one of the fundamental social institutions of our time. Regarding the abovementioned, the purpose of this research paper is to synthesize a socio-philosophical vision of nowadays mutual determination and correlation of "information power", public morality, public information and mass-media information aspects of social reality. Then we obtain an opportunity to make appropriate extrapolation of these links and interdependencies into a social institution of Intellectual Property. At first glance, the relationship amidst mentioned four categories together is not quite obvious, as well as their relation to the Intellectual Property institution. But it becomes clearer when we define each of those aspects. The phenomenon of "information power" is functionally associated with the Intellectual Property institution: countries-innovators maximize their organizing (political & legal) and technological efforts to maintain a monopoly for intellectual property protected products as long as possible. In particular that applies to the objects protected by industrial property laws (i.e. patents), and the objects of copyright (for literary works, software, other "intellectual capacious" products). On effective protection of this monopoly it may depend the whole prospects of domination of some countries in the post-industrial world. Sometimes the use of "information power" ignores the principles of public morality, leaving the ideas of humanism, equality, freedom of information exchange, free access to knowledge and technologies, and some other noble postulates declared by the governments of leading countries regularly. In its turn Public Morality institution is essential to the substantiation of intellectual property, to the legitimization of this kind of "monopoly for knowledge" in information-dependent society. The state of public morality makes an influence upon the ideology formation inside different societies, including mental manifestations of their attitude towards the property itself, and intellectual property in particular. The Public Information is rather capacious notion. In the context of intellectual property it is most applicable to cases where the validity of intellectual-legal monopoly expires, and the product of creative or intellectual activity goes into the category of "the public domain". If we would restrict ourselves by terminology of Ukrainian legislation about information, then we could conclude that "public information" is almost incompatible with any monopoly on information. Therefore the right to distribute the information subjected as "a matter of public interest" (i.e. public information) sometimes comes into logical conflict with intellectual property rights. And further everything will already depend on a philosophical interpretation, as any intellectual product has its value for society's growth potential, so any object of intellectual property may be considered a priori as one that is "a subject of public interest" accordingly. But here we should recall the constitutional principles of the private property inviolability, and respect to the author's exclusive rights to own, to use and to dispose with the results of his own intellectual or creative work. After all, any work must be fairly rewarded, and the intellectual work especially. The term "mass-media information" is not the same as "public information". The mass-media info is not so much related to the content, as to the audience towards it meant to be distributed (i.e. to unlimited number of people), and depends on the means and methods of broadcasting (using various media). The social significance of the mass-media information also varies. The Intellectual Property institution "meets" the mass-media institution in communicative space. The media are able to promote intellectual property commercialization very effectively. It's obvious that the media often do a popularizing effect, a distribution function for the newly created intellectual property objects. At the same time creative & intellectual products affect directly to the media ranking, filling their pages and diversifying their broadcasting by interesting creative production, that surely finds its audience. The reflection of referred issues is performed within the Doctor habil. Dissertation for philosophic research named "Intellectual Property Institution at the age of Information and Postmodernity: social-philosophic view". Methodological grounds of the research are based on general scientific methods and ad hoc approaches (as particularly are dialectical and comparative-legal methods, systemic, attributive, cognitive and procedural approaches). Selected problematic's relevance is determined by the increasing weight and significance of intellectual property at the Information age. The Intellectual Property institution has become an inalienable sociocultural attribute of post-industrial society. Thus, the comprehension of informational and ethical nature of Intellectual Property enables to create a more objective view of the transformation's character for this specific kind of property at current sociocultural realities.
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