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>> The idea that you can "own" a physical object and the state will defend that "ownership" with violence on your behalf is a wholly artificial construct as wel
by yk 14y ago
>> The idea that you can "own" a physical object and the state will defend that "ownership" with violence on your behalf is a wholly artificial construct as well.
Yes, but being able to license intellectual property is a very different thing from ownership of a car, both in the effects on my rights and in the moral basis of the law.
>>But I don't see why technology has made it less reasonable to grant ownership rights in creative works.
I think the most important analogy between material and immaterial goods fifteen years ago was, that an immaterial good needed a physical medium, like a CD. And the buyer of the physical medium had after that property of a thing, and could do what he wanted ( in reasonable limits). Most importantly, as long as CDs were copied by cassettes, the buyer could supply his friends with low quality copies.
So it seems to me, that the entire idea of intellectual property revolved around the inability of most people to produce a high quality copy of the medium. In contrast, nowadays everybody could easily produce and distribute a high quality copy. So I think that with the internet the physical medium vanished and with it the part of an immaterial good which made it possible to speak about 'ownership' and 'property' in the first place. So it is certainly the case that we need a consensus, what reasonable behaviour of creators and consumers is. But I think that talk about 'ownership' is just muddinging the water. And personally I find it quite frustrating that we have all these fascinating technology which create abundance of all digitial works. And we are not allowed to actually use them, because we can not figure out how to pay creators (which has not necessarily anything to do with copying in the first place).
- rayiner 14y ago> Yes, but being able to license intellectual property is a very different thing from ownership of a car, both in the effects on my rights and in the moral basis of the law. How so?
- yk 14y agoIn case of rights: If I buy a car, I own it and the idea is, that I can do with it, what I want. Most importantly, when I buy a car the manufacturer has no longer any claim on the car and can for example not force me to just use one brand of gasoline. This is in contrast to intellectual property, where I do not actually own the copy, but I did only license the IP and have a contract with the creator. ( For example the MS EULA of Windows 98 did prohibit the use of it in nuclear power plants. ) On the other hand, I think that the moral basis for property rights is, that physical property is exclusive, in the sense that only one person can use a physical good at any single time. It is therefore morally wrong to steal, not because one enriches himself, but because the victim is deprived of the utility of the good. Again, this is quite different with IP, since the original 'owner' of the first copy is not deprived of the utility of 'his' copy.