The Curious History of Komongistan (Busting the term “intellectual property”)
The purpose of this parable is to illustrate just how misguided the term “intellectual property” is. When I say that the term “intellectual property” is an incoherent overgeneralization, that it lumps together laws that have very little in common, and that its use is an obstacle to clear thinking about any of those laws, many can't believe I really mean what I say. So sure are they that these laws are related and similar, species of the same genus as it were, that they suppose I am making a big fuss about small differences. Here I aim to show how fundamental the differences are.
Fifty years ago everyone used to recognize the nations of Korea, Mongolia and Pakistan as separate and distinct. In truth, they have no more in common than any three randomly chosen parts of the world, since they have different geographies, different cultures, different languages, different religions, and separate histories. Today, however, their differentness is mostly buried under their joint label of “Komongistan”.
Few today recall the marketing campaign that coined that name: companies trading with South Korea, Mongolia and Pakistan called those three countries “Komongistan” as a simple-sounding description of their “field” of activity. (They didn't trouble themselves about the division of Korea or whether “Pakistan” should include what is now Bangladesh.) This label gave potential investors the feeling that they had a clearer picture of what these companies did, as well as tending to stick in their minds. When the public saw the ads, they took for granted that these countries formed a natural unit, that they had something important in common. First scholarly works, then popular literature, began to talk about Komongistan.
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