I am strongly convinced that the possession of ideas and creations of the intellect is not possible. In my opinion, only physical things can be possessed, that is, things that are limited, that is, that can only be in one place. The power or the freedom to do with the object what one wants corresponds to the concept of possession. This does not mean, however, that one must expose everything openly. It is ultimately the difference between proprietary solutions, where the “construction manual” is kept to oneself, and the open source philosophy, where this source is accessible to everyone.
As the title says, I would oppose this thesis to your arguments and hope that together we can rethink and improve our positions. Please keep in mind that this can be an enrichment for all, so we discuss with each other and not against each other ;)
This is a ridiculous argument. In your world, how would anyone who makes an intangible product ever be fairly compensated if you could just steal it? Things like books, songs, video games, films do take real effort, time, care, talent, and loads of hard work to create, and if someone consumes that, they need to pay the creators for that consumption. Your view is rather myopic because a society doesn’t just produce tangible, physical products, but many other intangible products and services. For example, Tolkien wrote and created the entire LotR world, why should his property not be protected so that he can earn some money from all that hard work if some customer wants to consume it? Because it certainly takes an immense amount of work and talent to create something. As someone else mentioned, you have no right to claim the fruits of anyone’s labour.
I find a lot of people make the argument you’re making to try and justify their own theft of IP. But those same people sing an entirely different song the moment someone else begins to steal from them. I certainly hope that happens to you someday, that your hard work is not fairly compensated or stolen from you, so you can understand it from the opposite perspective too.
You sound very bitter. I have nowhere claimed that this is the only truth but rather asked for arguments to question this thesis. In your answer I see unfortunately none of these arguments but at most assumptions and groundless accusations.
In order to give a constructive answer to your fears, I would like to clarify something first. I do not want to deprive anyone of his honest work, because how could I? Everyone who has an idea has this in his control and can decide freely what he does with it. But he can’t take away anyone’s freedom to take over these ideas and use them himself or develop them further. How could he, since he has no control over them? He could only do it through an autocratic authority that is only there to restrict others in their freedom.
I am convinced that a society without artificial restrictions on goods that are neither limited nor ultimately controllable has many advantages, contrary to the loud voices of those who have benefited from these irregularities for decades. Your example of Tolkien is a wonderful example of this: How much money do you think Tolkien received for his fantastic works during his lifetime? And how much money is still being earned today by large license holders for the shameless exploitation of his works? Do you really think this is any better?
Yes I do think it’s better. If it were up to me, copyrights and patents would last forever, and not just for 100 years (or less). What Tolkien created is his and his alone, and he and his family should continue to profit from it for all time, it’s his creation to do with as he pleases. Why on earth should it not work like that? Why should society take away then product of someone’s hard work and creation? That sounds like a horrible, North Korea society. If an author wants to put their work in the public domain for all to have, they can still do so.
As somebody already told you in another post, in a world without IP protection, people would just jealously guard their secrets and their secrets would die with them. Tremendous human genius would be lost rather than shared with all of humanity, because nobody would ever be inclined to share anything. And if creators couldn’t make a living, you’re talking about a world utterly devoid of creativity. We wouldn’t have things like Tolkien, Harry Potter, Star Wars, if creators didn’t exclusively own the rights to their creation so they could profit from them, because what would be the incentive to create then? In any economic system, people acts as greedy, rational agents, so rewarded and ownership rights must exist or there is zero motivation to create.
Like all human laws, patents and copyrights can be woefully abused if people and laws allow for abusive behaviour, such that they stifle innovation rather than help it. But this isn’t a problem specific to IP itself, humans are just awful creatures who will abuse any form of law if they can (unions for example, can also be horrific, just look at the USA police union). We could improve laws to get rid of things like patent trolls without discarding the concept of IP entirely.
I’m really sorry but I just can’t let these arguments pass. First of all, we have to realise that this is all hypothetical and there are pros and cons to everything. The post you refer to takes the historical context as a basis and gives an example of how knowledge could be lost through this proposed change. But there are just as many positive examples from much earlier times (antiquity, ancient Egypt, the stone age) that also oragnised into advanced civilisations without any IP only through cooperation and trade.
On the subject of authorship: I can understand that people want to be paid for their work and I can also understand why people prefer to rely on IP in order to demand this money for themselves during their lifetime. But how do you justify licensing beyond that? Who benefits from it: the creator who has put in the effort and work for it or some lazy descendants who enrich themselves from the work of their predecessors?
Taking the law at its word and dancing right up to the edge of it is not “abusing” it
Yes it is, it has to do with abusing the spirit of a law. Patent law exists to protect innovation so as to encourage it. Patent trolls do the opposite.
Similar laws which were designed to allow people in a community some measure of voice in that community have been abused for years to enact Nimbyism. That’s also abusing the spirit of the law.
Humans are just awful cunts.
Designing a legal system is hard. It is not immoral to conduct such stress tests on a legal system
Sure it is, because they’re not doing it to stress test but to rent-seek. They’re not coming from an altruistic place of helping build a better system, but from greed, and a desire to earn money without doing much work.