Of the Injustice of Counterfeiting Books E-Book

Immanuel Kant

• Herausgeber: Booksell-Verlag
• Kategorie: Fachliteratur
• Sprache: Englisch
• Veröffentlichungsjahr: 2021

Beschreibung

In "Of the Injustice of Counterfeiting Books," Immanuel Kant delves into the moral and philosophical implications of book piracy and its effects on authorship and creativity. Written in 1785, this treatise emerges from the Enlightenment context, emphasizing the intrinsic link between intellectual property and ethical considerations in society. Kant employs a rigorous argumentative style, integrating concepts of autonomy and respect for the individual, underscoring the unjust nature of counterfeiting as an infringement upon the author's rights and dignity. His nuanced exploration reflects the burgeoning ideas of authorship and ownership that were critical to the intellectual climate of his time. Kant, a central figure in Western philosophy, is known for his profound contributions to epistemology and moral philosophy. His experiences as a scholar and his belief in the importance of reason and autonomy influenced his arguments against book counterfeiting. In this work, Kant advocates for the value of originality and the moral right of authors to benefit from their intellectual labor, framing it as a matter of justice within a society that values Enlightenment principles. Highly recommended for those interested in ethics, literature, and the philosophy of law, this work offers critical insights into the implications of intellectual property rights. Readers will find Kant's arguments compelling and relevant, as they resonate with ongoing discussions about the protection of creative works in our modern digital landscape.

Leseprobe

Immanuel Kant

Of the Injustice of Counterfeiting Books

From: Essays and Treaties on Moral, Political and various Philosophical Subjects

Published by Good Press, 2021

[email protected]

EAN 4057664575876

Table of Contents

OF THE INJUSTICE OF COUNTERFEITING BOOKS

I. Deduction of the Editor's Right against the Counterfeiter

Proof of the Major

Proof of the Minor

II. Refutation of the Counterfeiter's pretended Right against the Editor.

Proof of the Major

Proof of the Minor

Universal Observation

OF THE INJUSTICE OF COUNTERFEITING BOOKS

Table of Contents

Those who consider the publication of a book to be equivalent to the use of an author's property in the form of a copy (whether the possessor came by it as a manuscript from the author or as a transcript of it from an actual editor), and then, however, via the reservation of certain rights, whether of the author's or of the editor's, who is appointed by the author, want to limit the use of the book only to this, that is, want to impose the rule that it is not permitted to counterfeit the book, cannot, based upon the rationale of this aforementioned consideration, attain this anti-counterfeiting objective. For the author's property in his thoughts or sentiments (even if it were not granted that the concept of such thought or sentiment property has legal merit according to external laws) would remain to him regardless of whether or not that property was used or represented in the form of a counterfeit; and, since an express legal consent given by the purchaser of a book to such a limitation of their property would not likely be granted,* how much less would a merely presumed consent suffice to determine the purchaser's obligation?

     [*Footnote: Would an editor attempt to bind everybody who     purchased his work to the condition, to be accused of     embezzling the property of another entrusted to him, if,     either intentionally, or by the purchaser's lack of     oversight, the copy which the purchaser purchased were used     for the purpose of counterfeiting?  Scarcely anyone would     consent to this: because he would thereby expose himself to     every sort of trouble about the inquiry and the defense. The     work would therefore remain exclusively in the editor's     hands.]

I believe, however, that I am justified to consider the publication of a book to be not the trading of a good [in the form of a book] in the trader's own name, but as the transacting of business in the name of another, namely, the author. [By considering the act of publication to be such a transaction], I am able to represent easily and distinctly the wrongfulness of counterfeiting books. My argument, which also proves the editor's right, is contained in a ratiocination; after which follows a second, wherein the counterfeiter's pretension shall be refuted.

I. Deduction of the Editor's Right against the Counterfeiter

Table of Contents

Whoever transacts another's business in his name and yet against his will is obliged to give up to him, or to his attorney, all the profits that may arise therefrom, and to repair all the loss which is thereby occasioned to either the one or the other.