Information Age Capitalized Intellectual Property Ethical Reflection Legislation

With the development of internet technology and expansion of virtual society, internet infringement of intellectual property rights has become a global issue. In order to deal with increasingly obvious and secret infringement behavior, many countries strengthen the protection of intellectual property rights in terms of legislation and agreement on, as well as legal sanction of, such infringements. The (?)rms of these bills and agreements on infringements seem increasingly severe, and the scope of their sanctions has been expanding. However, everything has its limits, once the limits are overstepped, the public domain and social order will be sufferedFor recent years, the United States and the European Union have been promoting internet intellectual property protection on a new stage in the information time. They have respectively issued two acts, which is the Stop Online Piracy Act (referred to as SOPA) and the Anti-counterfeiting Trade Agreement (referred to as ACTA). However both of them caused a strong social reaction and mass protests. Since we are in the era of knowledge economy, both of the two Acts seem helpful to realize the purpose of protecting the intellectual property rights on internet, the author wondered why they were caused so strong social objection, so decided to study the case of SOPA and ACTA and explore the reasons of social protests, and analyze their cognitive and social roots, including the following questions:What is the focus between the supporters and opponents of the debate? Why has the controversy happened? This event shows what new features of internet intellectual property legislation? Are there any common meanings in both of theory and reality for other peoples in the case, and how we should answer these questions from the perspective of law and business ethics? What theoretical and practical questions of this event will influence on the intellectual property protection legislation in future, and what lessons and suggestions China can learn from this case for its enlightenment and implication of intellectual property protection legislation?For this event, many comments have been published. Some people think that it is the game of the old and new capital with their own production pattern which is actually a contention of the internal discourse power in the capitalism. Some observe and analyze how the effect of Internet works on social decision-making, and the tendency of public fighting against capital monopoly. From these review, this times incident has put forward how to see the rise of new capital and the relationship between social public and internet, and it will also make the future social decision-making become more complex and diverse.According to these problems and views, the first chapter of the paper introduces the research background, the present situation, the significance and research ideas. The second chapter makes a history review on SOPA, ACTA and protests, gives an analysis of bill text, summarizes the contention of supporters and opponents, interprets their lack of fairness and impartiality in the macroscopic, medium and micro level and their influence on the social order, and puts forward the author own iewpoint:this kind of defect and influence is the inevitable result which the capitalization of intellectual property rights generated,and is still the contradiction between social production and the private possession, the inevitable consequences of unlimited capital appreciation. On this basis, the third chapter focuses on the research about intellectual property rights as capital. According to Marx’s labor theory of value, the author systematically explains how the intellectual property became a kind of capital, investigates three main theories which provide ethical defense to the rationality of intellectual property legislation:labor theory, personality theory and utilitarian theory, and then from the reality, the author explains how the capital use the ethics defence to realize their own value-added and the alienation of the law. In the fourth chapter, the author mainly discussed the emergence of the Internet its positive and negative effects on intellectual property legislation, and illustrated how the alienation deepened the negative effects, as well as the social spiritual specific performance. In the fifth chapter, the author started the research from the point of social contract, because the intellectual property legislation coordinates the relationship of all stakeholders. The research method is comprehensive social contract theory which two international business ethics important scholar Thomas Donaldson and Thomas W.Dunfee proposed. By using this method to analyze SOPA, ACTA and protests, investigate problems in the ethics norms of the legislation and argue that it is still due to the inherent nature of capital. The last two chapters mainly discuss the practical significance of this paper. On the one hand, under the situation that production mode of using capital is hard to change, we should discuss the role of research conclusion for future intellectual property legislation improvement. On the other hand, combining the real situation of China, we should analyze China’s current intellectual property legislation dilemma with the paper’s research conclusion, and give the author’s advice about how to get out of the difficult situation.