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> you're stealing something of value that someone worked hard to produce.

What exactly is stolen? Certainly not the piece of music, film, or knowledge: unlike spaghetti, those are abundant, non-conflicting goods. Nor the exclusivity, for it is only destroyed. Nor secrecy or privacy, for the piece of knowledge or art is public already.

This is not theft. This is infringing a state granted monopoly. It doesn't make it a good idea, mind you. Upholding the law is generally a good idea. But unlike plain theft, it's not obviously wrong either.



"infringing a state granted monopoly" is the best description I've heard yet. Thanks for that.


That is the textbook definition of anything related to Intellectual Property. The State is supposed to grant a time limited monopoly and in exchange the protected item will return to the public once it is finished.


See my comment above re: pedantic arguments about the definition of "stealing".

grellas made an excellent post the other day about the nature of physical property rights vs intangible property rights [1]. The general gist is that declaring one "fundamental" and the other "not-fundametal" is sophistry; both are considered important to society and both are and will continue to be protected by law.

In my opinion, the existence of both physical and IP property rights is a social good - it's defining the boundaries of those rights that becomes the tricky part. I don't think we're hitting the right balance worldwide at the moment, but I also don't think we should be swinging violently towards SOPA or conversely anarchy.

[1] http://news.ycombinator.com/item?id=3463640


This is indeed a good post, thanks for the link.

Grellas is right to point out that current laws turn a range of intellectual goods into property. We shouldn't forget however how they do this: by enforcing scarcity when the default was abundance. By the way, you can get abundance back by breaking the law.

I reject the terms "property" and "theft" when talking about ideas and recordings because they are abundant by default. By using those words, they make you think in terms of scarcity. They skew your perception of the issues, then exploit that bias. This is why I insist that others do not use the word, "it's GNU/Linux" style. Even if you know what you meant, many people don't, and it has consequences. (In the same vein, I remind people not to say "internet" when talking about the world wide web alone. If you believe you "have the internet" as long as you can run a web browser, you won't notice nor protest when your ISP starts blocking TCP ports.)

I also reject copyright and patents altogether. Not because they are not property by default, and therefore illegitimate (I find this argument very weak). I reject them because I believe they do more evil than good. Most probably, they are more a hindrance than a help for our economy and our technological development. Not to mention the inevitable loss of individual liberties, which humans tend to value by themselves.

Overall, I believe scarcity should be abolished whenever possible. If we get to the point where there is so much abundance that life is not fun any more, then we'd have a good reason for scarcity. (Video games provide an example: god mode, unlimited ammo, and free experience points tend to spoil the game. I'm still tempted by the cheat codes, but I think twice before I type them.) But right now scarcity is a problem to be solved. Copyright and patents are part of that problem (or at least a symptom).


On further reflection, I think you're right that I was wrong to use the word "stealing". It does frame and bias the discussion. I don't think I'll be able to shake the habit of using the word "property" to refer to copyrights, patents, trademarks and designs (perhaps as a habit of specialising in IP during university) - I think that the point grellas makes is such to sufficiently argue that all property is essentially a legal construct and we can mould and shape its boundaries as we see fit.

I understand your point about artificial scarcity and appreciate that you find copyrights and patents a net detriment rather than a net benefit. In the current scheme of things, I would have to agree with you on that point in some instances (especially with respect to software patents, many pharmaceutical patents, and the length of copyright). Overall, however, I believe that the idea of intellectual property is a sound one that's been distorted over the course of legal history thanks to the influence of powerful rights holders and a lack of ability to adapt to rapidly changing circumstances.




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