Tournament: Yale | Round: 1 | Opponent: Montville RP | Judge: Scopa, Stephen
Permissibility and presumption negate – a. the resolution indicates the affirmative has to prove an obligation via ought, and permissibility would deny the existence of an obligation b. Statements are more often false than true because any part can be false. This means you negate if there is no offense because the resolution is probably false.
1~ Absent universal ethics, morality becomes arbitrary and fails to guide action, which means that ethics is rendered useless. Therefore err neg on risk of offense since anything else means ethics cannot serve it's purpose.
3~ A violation of freedom is a contradiction and can never be universalized.
Stephen Engstrom 08 (PhD, Professor of Ethics at University of Pittsburg). "Universal Legislation As the Form of Practical Knowledge". Pg. 19-20
"Given the preceding considerations, it's a straightforward matter to see how a maxim
AND
both the extension and the limitation of both their own and others' freedom."
Thus, the standard is consistency with a system of universal freedom.
Pozzo 6 Pozzo, Riccardo. "Immanuel Kant on Intellectual Property." Trans/Form/Ação, vol. 29, no. 2, 2006, pp. 11–18., doi:10.1590/s0101-31732006000200002. SJDA recut SJKS recut JX
Corpus mysticum, opus mysticum, propriété incorporelle, proprietà letteraria, geistiges Eigentum.
AND
he was to make, as we say today, a free use.
2~ The aff violates the categorical imperative and is non-universalizable- governments have a binding obligation to protect creations
Van Dyke 18 Raymond Van Dyke, 7-17-2018, "The Categorical Imperative for Innovation and Patenting," IPWatchdog, https://www.ipwatchdog.com/2018/07/17/categorical-imperative-innovation-patenting/id=99178/ SJDA recut SJKS
As we shall see, applying Kantian logic entails first acknowledging some basic principles;
AND
trade secret protection would become the mainstay for society with the heightened distrust.
3~ Unauthorized publication and usage of text is wrongful and infringes on inalienable moral rights
Barron '11. ~Barron, Anne (2011) Kant, copyright and communicative freedom. Law and philosophy . pp. 1-48. http://eprints.lse.ac.uk/37521/1/Kant_Copyright_and_Communicative_Freedom_28lsero29.pdf~~ NChu
My claim in this article is that a significantly different, and arguably richer,
AND
of a doctrine of moral rights has done little to allay these concerns.