[FRIAM] Who wrote the essay?

Stephen Guerin stephen.guerin at simtable.com
Sat Dec 17 02:41:02 EST 2022


Tom,

What do you think? Was this PhD proposal written by a person or ChatGPT?

The Metaphysics and Ethics of Copyright
>
> Abstract
>
> My project is motivated by a host of problems that arise in the literature
> of U.S. copyright law, including legal decisions and established doctrines
> that are alternatively arbitrary, counterintuitive, and contradictory. The
> central argument of my dissertation is that these problems arise from a
> failure in copyright law to recognize the nature of its objects, authored
> works, and that a coherent and stable approach to copyright must be built
> upon such an understanding. To this end, I outline a multidimensional
> ontology of authored works suitable for grounding the central principles
> and practical application of copyright.
>
> Centrally, I contend, a reasonable understanding of copyright depends on
> grasping four dimensions of the nature of authored works:
>
>    1. their atomic dimension, including the parts of which they are
>    composed, and the selection and arrangement of these parts;
>    2. their causal dimension, including their contexts of creation and
>    instantiation, and the weak and strong historical links that connect a
>    given work to others (building here on the work of Jerrold Levinson);
>    3. their abstract dimension, in particular, pace Nelson Goodman,
>    Jerrold Levinson, and Mark Sagoff, that all such works are best understood
>    as type/token entities capable of multiple instantiation; and
>    4. their categorial dimension, drawing on the work of Kendall Walton,
>    such that multiple works belonging to mutually-exclusive categories can be
>    embodied in the same physical object.
>
> On an understanding of these factors, I establish conditions for the
> copyrightability of authored works, for the infringement of these
> copyrights, and for the creation of derivative works.
>
> Finally, I consider the right of copyright. First showing how the
> strongest contenders for grounding this right—the Lockean and
> Constitutional approaches—fail to align with our understanding of authored
> works, I proceed to sketch an alternative approach to grounding the right
> of copyright—a right based on the author's creativity as realized in the
> authored work—building on the ontological account outlined above.
>



_______________________________________________________________________
Stephen.Guerin at Simtable.com <stephen.guerin at simtable.com>
CEO, https://www.simtable.com <http://www.simtable.com/>
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On Fri, Dec 16, 2022 at 11:08 PM Tom Johnson <jtjohnson555 at gmail.com> wrote:

>
> https://www.facebook.com/5722102/posts/pfbid0D8i4GuCUJeRsDJjM1JJtfkDYDMCb7Y7RdK2EoyVhRuctg9z2fhvpo1bB2WAxGBzcl/?sfnsn=mo&mibextid=ijjfgs
>
> =======================
> Tom Johnson
> Inst. for Analytic Journalism
> Santa Fe, New Mexico
> 505-577-6482
> =======================
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