Tuesday, January 29, 2013

Intellectual vs. Memory Property Rights

Have you never heard of memory property rights?  Neither have I and I googled it with no hits.  But I was reflecting on how what we call intellectual property rights is really attributed to something that is essentially the result of memory, not intellect.

You see intellect is about understanding things.  What things?  Almost always things from memory, whether in the form of other peoples work, or recalling odd bits of conversation or watching demonstrations.  The intellect sees and understands, and any given individual will come up with a unique understanding, and by some effort will produce something in the form of a design, a composition or even a clever trademark.

Yes, the intellect is a part of creativity, but the bulk of the result is from memory and effort, not the intellect.  The intellect is not even crucial since many people come up with the same idea at the same time.  (If they did not, then why try to manage the result?)

So in what is termed "intellectual property rights" the intellect plays almost no part, let alone a crucial part.  Memory is far more important, and we are far more responsible for what experiences we pursue and what memories we accumulate than what intellect with which we may be endowed.

So instead of the mildly ridiculous term "intellectual property rights" why not the more accurate and revealing term "memory property rights."  Good definitions chase away bad ideas.

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