3 ms·
Kudos for identifying dilution as a way to take value from another while leaving their actual holdings untouched. It's a subtle point that most anti-copyright t
by alexqgb 15y ago
Kudos for identifying dilution as a way to take value from another while leaving their actual holdings untouched. It's a subtle point that most anti-copyright types miss.
And you're absolutely correct to observe that hard drives are material, and that the atoms they contain constitute the 'fixed medium' that provides the bright and shining line between ungovernable ideas, and the restricted world of copyright protection. But you're mistaken if you think you have any inviolable rights in your work. Copyright is a right in name only. In absolutely every other regard it's a privilege.
If you lived in France, things would be different. French jurisprudence includes "le droit d'auteur". That is to say, they recognize a moral right of the author to control the dissemination and development of his work by others. When the French say "I have a right" they're entirely correct.
Things are different in America, where lawmakers rejected that concept flatly. Regardless of the way you feel about it, Le droit d'auteur has never been recognized in this country, and at this point, it's safe to say it never will be.
So it's not that I 'believe' you have no rights. I KNOW you have no rights. Because you don't. What you have is a privilege that 's increasingly archaic, based - as it is - on a rapidly fading ability to produce more development than it retards in the "Useful Arts & Sciences". In case you didn't know, that's the Constitutional language giving Congress the power to issue the limited monopolies known as patents and copyrights in the first place.
In contrast with France, America (like England, which is the source of much American civil law) views copyright not as an exalted moral right, but as a necessary evil tolerable only to the extent that it clearly benefits society as a whole.
That's a big difference.
Wrap your head around the idea that you're defending a privilege - not a right - and I suspect that the whole tenor of your argument will change dramatically.