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How are the disks counterfeit? As far as I understand they are functioning exactly like the 'official' disks. Etching the brand on them makes them more easily r

How are the disks counterfeit? As far as I understand they are functioning exactly like the 'official' disks. Etching the brand on them makes them more easily recognizable, as to what purpose they serve. There is no technical difference between the 'original' disk and the ones this person manufactured, so there is no possible intent to fool anyone. Nobody 'owns' a name or a logo. Intellectual property is impossible. Sending someone who hasn't stolen anything nor damaged anyone else's person or property, that is a crime.

LyndsySimon 8y ago
> Nobody 'owns' a name or a logo. Intellectual property is impossible. I'm an ancap, so I completely agree with you from a moral perspective... but c'mon. We all know that's not how the law works.
- nordsieck 8y ago
  > moral perspective Really? Do you think that fraud is wrong?
cptskippy 8y ago
They're counterfeit because they weren't official. The test of counterfeit is whether or not a person might mistake the item in question as legitimate.
twblalock 8y ago
> Intellectual property is impossible. It's obvious that intellectual property is a social and legal construct, because the things considered property are intangible, but all other forms of property are also social and legal constructs. Property is not merely possession -- it is the recognition by society and by the law that you have a right to possess things, and that those rights include preventing people from taking the things you possess. If you look at the history of property rights in land, which are among the oldest and most fundamental property rights, you'll see how incredibly complicated they became, and how much they have changed over time, and how much of what we think is "just the way things are" is relatively new and does not exist for the reasons we think it does. The legacy of feudal land tenure in modern legal systems is a good example.
- solotronics 8y ago
  In the sense of digital property where a copy does not deprive the "owner" of anything its absurd someone can get in trouble for copying down bits of information. Its like if someone owned the number 43290 and every time you wrote down or typed that number you had to pay somebody because they "invented" it.
mehrdadn 8y ago
> How are the disks counterfeit? Do you program in C++? This is like asking "How is this pointer to X not a pointer to Y? The bytes are the same!" They may be, but that's simply not how the rules work...

LyndsySimon 8y ago

> Nobody 'owns' a name or a logo. Intellectual property is impossible. I'm an ancap, so I completely agree with you from a moral perspective... but c'mon. We all know that's not how the law works.

nordsieck 8y ago
> moral perspective Really? Do you think that fraud is wrong?

cptskippy 8y ago

They're counterfeit because they weren't official. The test of counterfeit is whether or not a person might mistake the item in question as legitimate.

twblalock 8y ago

> Intellectual property is impossible. It's obvious that intellectual property is a social and legal construct, because the things considered property are intangible, but all other forms of property are also social and legal constructs. Property is not merely possession -- it is the recognition by society and by the law that you have a right to possess things, and that those rights include preventing people from taking the things you possess. If you look at the history of property rights in land, which are among the oldest and most fundamental property rights, you'll see how incredibly complicated they became, and how much they have changed over time, and how much of what we think is "just the way things are" is relatively new and does not exist for the reasons we think it does. The legacy of feudal land tenure in modern legal systems is a good example.

solotronics 8y ago
In the sense of digital property where a copy does not deprive the "owner" of anything its absurd someone can get in trouble for copying down bits of information. Its like if someone owned the number 43290 and every time you wrote down or typed that number you had to pay somebody because they "invented" it.

mehrdadn 8y ago

> How are the disks counterfeit? Do you program in C++? This is like asking "How is this pointer to X not a pointer to Y? The bytes are the same!" They may be, but that's simply not how the rules work...