Mind the Gap! How the Digital Turn Upsets Intellectual Property

Intellectual property is one of the highly divisive issues in contemporary philosophical and political debates. The main objective of this paper is to explore some sources of tension between the formal rules of intellectual property (particularly copyright and patents) and the emerging informal norms of file sharing and open access in online environments. We look into the file sharing phenomena not only to illustrate the deepening gap between the two sets of norms, but to cast some doubt on the current regime of intellectual property as an adequate frame for the new type of interactions in online environments. Revisiting the classic Arrow–Demsetz debate about intellectual property and the epistemological issues involved in assessing institutions, we suggest that seeking out new institutional arrangements aligned with the norms-in-use seems to be a more promising strategy in the new technological setting than attempting to reinforce the current legal framework. Moreover, such a strategy is less prone to committing the so-called ‘Nirvana fallacies’. As a secondary task, we try to cast some doubt on the two most common moral justifications of intellectual property as being able to ground the full extent of the current intellectual property regime.

     

Differences in matching-to-sample performance with element and compound sample stimuli in pigeons

This series of experiments examined zero-delay matching-to-sample performance in pigeons with element and compound sample stimuli. In Experiment 1, compound sample stimuli were consistently followed by compound comparison stimuli and matching accuracy during testing was equivalent to element sample-element comparison trials on the color dimension. In Experiment 2, element comparisons suddenly introduced following compound samples produced a decrement on the line dimension only. Subsequent testing at various sample durations revealed higher matching accuracy following element samples than following compound samples on both the color and line-tilt dimensions. Experiment 3 replicated the results of Experiments 1 and 2 and also demonstrated that the superiority of element over compound matching performance remains constant over the sample durations tested. In Experiment 4 testing at sample durations up to 30 sec produced an overall decrement in matching performance, but again the element vs compound matching difference remained constant. The stimulus-generalization decrement hypothesis provided a better explanation of these results than either the information-overload hypothesis or the rule hypothesis.     

The logic of the medical research article

As do all forms of science, medical theories have a factual as well as a logical basis. New information is presented in medical research articles. These papers have three separate arguments: the argument of the hypothesis, the argument of the experimental protocol, and the argument of the hypothesis's judgment. These arguments may be examples of the hypothetico-deductive or confirmational model of scientific inference. The logical form of these arguments are informal and inductive rather than formal and deductive. Understanding the nature of the logic of the medical research article may help avoid erroneous conclusions.     

The Internet as Cognitive Enhancement

Science and Engineering Ethics - The Internet has been identified in human enhancement scholarship as a powerful cognitive enhancement technology. It offers instant access to almost any type of...     

The psychoanalyst's normal and pathological superegos

The first section of the paper explores a number of differing views regarding the concept of the superego, essentially in terms of its formation and its functions. Two broad theories of superego development, both of which were introduced by Freud, are described. The first takes the superego to be principally oedipal in origin; the second traces the superego to an earlier period. The controversy about the usefulness of the concept of the death instinct is also implicated in the different views. It is then suggested that it is worthwhile to distinguish between a normal superego and a pathological superego and that these two distinct models of the superego are implicit in the work of both Freud and Klein. Strachey's (1934) views on the nature of the mutative effect of psychoanalytic treatment are briefly reviewed in the light of this distinction. It is suggested that Strachey was hesitant in clarifying the full implications of his views, particularly regarding the reasons for the difficulty the psychoanalyst will experience in making a transference interpretation. It is argued that the difficulty will relate to the psychoanalyst's anxiety about having sufficiently worked through the countertransference, particularly in relation to superego functioning. Two brief clinical vignettes are considered in support of this view. The last section of the paper offers some comments on the emotional development of the psychoanalyst and the ways that maturing as a psychoanalyst will involve a certain mellowing of the analyst's stance and a greater tolerance of the patient's prerogative to bring the full range of his or her personality into the treatment.     

The patient's material as an aid to the disciplined working through of the countertransference and supervision

The author argues that the patient's largely unconscious observations of the analyst's functioning are, at times, communicated in the patient's material and that this can impart a sense of clinical relevance to the countertransference. The concept of 'understanding work' is used to provide a psychoanalytical model of this phenomenon. This is illustrated in a clinical case and it is argued that a selective consideration of the patient's material can provide a proper discipline which steers the analyst between the twin dangers of megalomania, on the one hand, and involvement in a symmetrical, self-disclosing relationship, on the other. The author then applies these ideas to supervision and uses them to distinguish psychoanalytic supervision from a practice that also derives from an intersubjective paradigm but which, to the author's mind, is not distinct enough from personal analysis.     

Does the philosophy of medicine exist? A commentary on Caplan

Caplan has argued that the philosophy of medicine does not exist. Although I will not deny the points he makes, I will argue that the philosophy of medicine has characteristics of a developing field with the potential to meet all of Caplan's criteria. The argument is based on Dewey's established views on logical development for a field of inquiry, as well as pointing out how other criteria Caplan imposes can be fulfilled.The U.S. Government right to retain a non-exclusive, royalty free licence in and to any copyright is acknowledged.