Topic > From Assets to a Good Life: Intellectual Property and…

This week's read was From Assets to a Good Life: Intellectual Property and Global Justice by Madhavi Sunder. The reading I chose to convene with the first article was The Public Domain: Enclosing the Commons of the Mind by James Boyle. In the chapter on “Fair Culture,” Sunder specifically refers to Lessig's Free Culture, stating that it is insufficient, and then extends his claims. Sunder attempts to extend and slightly modify Lessig's idea by incorporating into his argument an in-depth analysis of culture and inequalities in people's ability to claim intellectual property rights. On the other hand, Boyle's article provides a history of what “ownership” is, the scope of intellectual property rights, and opinions on intellectual property rights. Like Lessig, Boyle also takes a predominantly economic perspective, which differs from Sunder's cultural perspective. Sunder's cultural perspective on intellectual property rights illustrates ideas not fully developed in Boyle's work, as well as introducing new ideas. Sunder says the purely economic approach to intellectual property rights fails to recognize inequalities between people in capital, knowledge, health and power that can affect someone's ability to create and claim intellectual property. These inequalities and their interactions with the law influence how different people or groups of people are represented (or misrepresented), which in turn alters the social and economic power of the person or group. Sunder mentions information technologies such as the Internet and their usefulness in allowing niche cultures to thrive and allowing many people to create their own, collaborate on, and consume cultural works. Furthermore, greater access to these technologies would help create a just culture. While it is not obvious in Boyle's article, both articles portray education as crucial to improving intellectual property law. Boyle hints at this idea through his favorable description of Thomas Jefferson and support for Jefferson's beliefs on intellectual property rights. Sunder directly states that lack of knowledge (in any field, but especially about intellectual property rights) can hinder the production of cultural works and the assertion of intellectual property rights in that work; therefore, education and access to knowledge are key to creating a fair system of intellectual property rights. Furthermore, Sunder later points out that he is not simply encouraging the distribution of Western knowledge to all, but rather promotes global access to knowledge from a diversity of cultures. Although Boyle and Sunder took different approaches (economic, legal and historical vs..