ABSTRACT

History matters to philosophy. It would be nice if it did not, since this would simplify the task of philosophical analysis. There are at least three reasons why some history needs to be introduced to an analysis of intellectual property. Some philosophical frameworks, which might be chosen to do the job of analysis, necessarily draw on history. Applying Marx's theory of historical materialism (with some mechanical simplicity) one might claim that intellectual property is a superstructural phenomenon corresponding to the industrial (or perhaps post-industrial) phase of development of capitalist societies.1 Such an explanation could only be made plausible by historical evidence.