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{{a|confi|}}Not to be confused with {{confiprov|confidential information}}, [[intellectual property]] covers [[copyright]]s, [[patent]]s, [[trade mark]]s, [[property]] rights that arise at [[common law]] (or under [[statute]] ) which can be enforced against all comers, and not simply as as a result of any {{t|contract}}. | |||
For [[intellectual property]] rights to arise there needs, as the name suggests, to be some application of someone's intellect to the creation of the information. Not all information is capable of protection: raw data, for example, | For [[intellectual property]] rights to arise there needs, as the name suggests, to be some application of someone's intellect to the creation of the information. Not all information is capable of protection: raw data, for example, isn’t. | ||
{{Copyright and confidence}} | {{Copyright and confidence}} | ||
===As a paradigm in crisis=== | |||
Is AI the problem, or IP? | |||
IP emerged as a way to allocate resources in an analogue age in which it was impractical to extract abstract “intellectual property” from its [[substrate]]. One could therefore control IP by controlling replication of the substrate. it wasn’t really a “data” problem. | |||
The information revolution (which started with the [[Jacquard loom]]) has changed all that. IP has long struggled with sampling, remixes, digital collaboration and even packet switching<ref>See {{author|Lawrence Lessing}}’s {{br|Code: Version 2.0}}.</ref> (the internet, on several levels, is one collossal transgression/falsification of the idea of [[copyright]]). The emergence of [[AI]] assistance in content generation is a further degeneration of the IP [[paradigm]]. It’s irretrievably broken. | |||
In a digital universe, where you can bifurcate information from [[substrate]], the idea of intellectual property in [[data]] is little more than unjustified state-sponsored monopoly enablement. The [[Rolling Stones]] wrote [[Satisfaction]] in 15, minutes Keith Richards literally while asleep. What justification is there for their exclusive rights to that arrangement of data in (almost) perpetuity? | |||
Ask not how AI fits into the intellectual property rules, therefore, but how we should reimagine the legal framework for the commercial exploitation of data. | |||
{{Ref⁵}} |