Stato, mercato (delle idee), e regolazione dei beni comuni della conoscenza

Those who have been critical of the structure of the discipline, both artistic-authorial and inventive-industrial, stigmatize the excesses of «privatization» in the cases of appropriation and exploitation of intellectual works. Alongside the analysis of these perspectives, we argue on a structural level with a «neo-functionalist» position that focuses on the identification of cases of collective resources and activities, especially intellectual ones, that can be classified as common goods (or services). The supporters of the opportunity to abolish exclusive rights on intellectual resources, understood in their entirety, adduce reasons that are both theoretical and empirical and that, on a methodological level, adopt an approach that conforms to the tenets of reflexive law and autopoietic business law. Less radical, on the other hand, are the positions of so-called «proceduralist» and «infrastructuralist» authors, who share the opinion that they propose functionalist and «responsive» regulatory models. The peculiarities of these approaches are compared with a model that updates – with respect to the original legal and economic vulgates – the role of «common goods of knowledge», and which claims the need to respect, in order to implement truly proactive reform interventions, a correspondence between the structure, and the function, of IP’s law.