Slashdot Mirror
Is IP Property?
An anonymous reader writes "In a recent article, Stanford Law Professor Mark Lemley argues that intellectual property is not 'property' in the traditional sense. According to Lemley, while 'free riding' off of someone else's land or other physical property rights is always undesirable, freely benefitting from someone else's intellectual property rights is often the best way to form a free and creative society. Lemley's distinction also points to the unusual fact that in IP, traditional liberals are often calling for less and less government, while conservatives demand regulation in order to protect their exclusive right to use their intellectual creations."
As featured on slashdot before, IP can be abused by a company to own an employee's thought that wasn't even well formed. When you work for a company, do they own your thoughts? Are your thoughts your soul? Does a company own your soul? And does money buy souls?
I once had a signature.
The claim is mostly inaccurate because it presupposes that the copying individual would otherwise have bought a copy from the publisher. That is occasionally true, but more often false; and when it is false, the claimed loss does not occur.
The claim is partly misleading because the word "loss" suggests events of a very different nature--events in which something they have is taken away from them. For example, if the bookstore's stock of books were burned, or if the money in the register got torn up, that would really be a "loss." We generally agree it is wrong to do these things to other people. But when your friend avoids the need to buy a copy of a book, the bookstore and the publisher do not lose anything they had. A more fitting description would be that the bookstore and publisher get less income than they might have got. The same consequence can result if your friend decides to play bridge instead of reading a book. In a free market system, no business is entitled to cry "foul" just because a potential customer chooses not to deal with them.
The claim is begging the question because the idea of "loss" is based on the assumption that the publisher "should have" got paid. That is based on the assumption that copyright exists and prohibits individual copying. But that is just the issue at hand: what should copyright cover? If the public decides it can share copies, then the publisher is not entitled to expect to be paid for each copy, and so cannot claim there is a "loss" when it is not. In other words, the "loss" comes from the copyright system; it is not an inherent part of copying. Copying in itself hurts no one.
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How about Socialist and Socialist Lite?
It's good to use your head, but not as a battering ram.