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First of all, thanks for sticking to the point and keeping this discussion civil. Would be nice to have a little debate over a couple beers. "copyright is an a
by tszyn 15y ago
First of all, thanks for sticking to the point and keeping this discussion civil. Would be nice to have a little debate over a couple beers.
"copyright is an artificial restriction that doesn't do what it's supposed to, which is to encourage artistic works"
I'm not sure copyright doesn't encourage artistic works, but I would actually dispute that this is the only goal of copyright. I would say that the goal of copyright is for a creator of reproducible works to be rewarded proportionally to the value they contributed to society.
Consider this thought experiment: Suppose we had absolute proof that doctors would still heal people exactly as much as they do now if we stopped paying them. They would live in poverty, but they would practice medicine out of their passion for the field, desire to do good, whatever. Would it then be right to institute a system of "free medicine"?
I am inclined to think it wouldn't be right. Contributions should be rewarded, even (or perhaps especially?) if the contributor is not doing it because of the reward.
re IP: I think you support more restrictions than just correct attribution. Can I take someone's song and perform it for money without paying them, provided I credit them? Can I burn the song on CDs and sell them in a store without paying them? Can I record a concert in HD and sell streaming access to it? Can I take Microsoft Windows, crack the copy protection, and legally sell the cracked software in an online store? If not, can I distribute it freely on a website on which I sell advertising?
Notice also that a policy of free copying would introduce an arbitrary distinction. If you host a word processor on your server ("software as a service") and sell access to it, you can make money. If you sell a word processor that runs on your customer's computer, you cannot make money, because then customers will be able to legally copy the software among each other. This is arbitrary -- in both cases the value provided to society is the same, it's just that in the first case, you obscure your code from your customers to prevent copying.
Apart from the arbitrariness and, well, unfairness of this system, it would encourage centralized software provision and draconian DRM schemes (for example, people would write desktop apps in which crucial parts of the code run on some central server, so that the customer's computer never "sees" the code). This is bad for the customer -- you have to be online to use the app, it eliminates privacy, it encourages obscurity which is bad for security, etc. We'd be telling software developers: "You can make money only if nobody ever gets their hands on your code. So you'd better hide it really well".
I realize we already have some bad DRM schemes (esp. in games), but it would be worse if copying was legal. Right now copyright restrictions stop many people from using pirated software. Not so much individuals, but think about businesses. The only way for Microsoft, Adobe, etc. to make money would be to run large parts of Windows/Office/Photoshop on some central server. That wouldn't be good.
Of course software makers would still be better off than songwriters and authors -- they cannot hide their work from the world.
"if you don't think anyone changes their minds from online discussion, why are you engaging in this one"
I'm not sure. Two answers come to mind:
1. I can't stop myself when someone who appears smart writes things I consider to be false on a subject I consider important.
2. I believe (as I've previously suggested and you have confirmed) that sometimes people change their mind after the discussion is over, even if they won't budge during the actual discussion.
- joebadmo 15y ago"First of all, thanks for sticking to the point and keeping this discussion civil. Would be nice to have a little debate over a couple beers." Likewise! I don't really enjoy drinking, but if you're ever in Portland, OR, let me know! "I would say that the goal of copyright is for a creator of reproducible works to be rewarded proportionally to the value they contributed to society." I've never actually heard this as a rationale for copyright. Even so, I don't think it holds as a justification. Because you're starting from the premise that these contributions have an inherent value. But the premise of capitalism is that the best way to determine something's value is how much others are willing to pay for it. In the absence of any restriction, these creators haven't created anything of value because it's easily reproducible. If you place the arbitrary restriction of 'copyright' on these works, then, yes, they become valuable through artificial scarcity. But that's true of anything that has very little value. In your doctor thought experiment, you're sort of violating the basic premise of capitalism. You're also here making a deontological argument, that it's only morally right to support some sort of payment to these altruistic doctors, even though they have no actual value, since they'll work for free. In this world, how do you decide how much to pay them? In other words, how do you determine the value of their contribution? re IP: "Can I take someone's song and perform it for money without paying them, provided I credit them?" Yes. "Can I burn the song on CDs and sell them in a store without paying them? Can I record a concert in HD and sell streaming access to it? Can I take Microsoft Windows, crack the copy protection, and legally sell the cracked software in an online store? If not, can I distribute it freely on a website on which I sell advertising?" Yes, yes, yes, and yes, but no one will pay for any of it because it will be available for free. "Notice also that a policy of free copying would introduce an arbitrary distinction..." It's not arbitrary, though. There's a very important distinction: you can easily demonstrate your value and charge money without arbitrary legal restriction through one model, and you can't through the other. "...it would encourage centralized software provision and draconian DRM schemes..." Please notice that this is already happening? Why? Because it's an easier and more sure way to make money. Centralization of software has its good and bad points. But the elimination of privacy and security are separate issues that aren't particularly relevant to copyright. Centralized computing is actually something I'm kind of worried about, but it's an orthogonal issue.* "Two answers come to mind" These are both great reasons! Let good discussions between open minds strive for truth in opposition! Let opposing minds passionately disagree, but remain amicable! * I just recently wrote a post along these lines: http://blog.byjoemoon.com/post/13581915694/an-amateurs-lament http://blog.byjoemoon.com/post/13581915694/an-amateurs-lamen...