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Ugh, it's always depressing to see people whose whole worldview depends on treating the law as a programming language. They put so much effort into building th
by brookst 4y ago
Ugh, it's always depressing to see people whose whole worldview depends on treating the law as a programming language.
They put so much effort into building these elaborate arguments, and they are oblivious to the embarrassment everyone else feels for them.
> If I can make "Fair Use" of your book, why not your bed or your house?
Maybe because copyright is intended to encourage creative works by guaranteeing a theoretically-temporary monopoly on investment, and that guarantee is provided by the government, which has a competing interest in ensuring that people are educated and free to comment on any and everything, without being required to buy them for the privilege of commenting.
So fair use is a compromise that says that exclusive right to distribute and profit has an exception for, among other things, commentary, education, and derivative works.
Despite the imaginings of idealists, none of this is coming from a place of platonic ideals about what property means. Therefore it should be totally unsurprising when there are logical inconsistencies between how we treat e.g. a Brittney Spears song and, say, your house. Because... they are different.
- jamiek88 4y agoYea and IP is a colloquialism anyway for copyright, trademarks, patents, and trade secrets there isn’t a specific amendment or common law of ‘ideas are same as houses’ just an imaginary gotcha to a mistaken interpretation.
- brookst 4y agoYep. It's like people who think they've had an epiphany that says something about physics when they discover that the things Americans call "shock absorbers" do not, in fact, absorb shocks.
- Dylan16807 4y ago> the things Americans call "shock absorbers" do not, in fact, absorb shocks. ?? "A shock absorber or damper is a mechanical or hydraulic device designed to absorb and damp shock impulses."
- brookst 4y agoSprings are what absorb impacts. Shocks, or hydraulic dampeners, are what keep you from bouncing on the springs forever after hitting a bump. They're a system, but a car with dead shocks will still absorb bumps without transmitting to the cabin, it will just make you seasick.
- Dylan16807 4y agoYou're using a strange and overly narrow definition of 'absorb'. The springs and dampers are both taking in the kinetic energy. And only one of them does it permanently, and it's not the springs. I'd rather drive a car with (pressurized) shocks and no springs than drive a car with near-ideal springs and no shocks. I bet the former would absorb bumps much better than the latter.
- breck 4y agoYou are uninformed on the topic. I suggest watching some Stephan Kinsella videos.