Immoral intangibles : engaging with ned snow’s intellectual property and immorality

Abstract

Consider a method of torture that inflicts permanent harm. Should we refuse a patent on moral grounds? So begins an inquiry by Ned Snow into property rights in immoral intangibles and moral values. I argue three things in this paper. First there may be cases where we want to keep exclusivity rights in play. I illustrate this with an example of how to use patents to help destroy the tobacco industry. Second I argue that Snow under-utilizes the more radical elements of Lockean desert theory when it comes to a moral assessment of patent law. Finally, I argue that Snow has missed the value that has had the most dominant influence on intellectual property – state security consequentialism.