Copyright

Discussion started by Dirk Meulenbelt

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We discuss whether it would be moral to abolish copyright


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I am not allowed to sell my Star Wars fan-fiction. Why not?

#1321 · · Dirk MeulenbeltOP, 7 days ago

Not a lawyer but I believe such fan fiction would be considered a derivative work.

Copyright protects original creators’ exclusive right to create derivative works. So, selling your Star Wars fan fiction without permission from the copyright holders would be copyright infringement.

See this article.

Copyright is stifling to creativity, as now people are not incentivised to write fan-fictions.

#1329 · · Dennis Hackethal revised 7 days ago · 3rd of 3 versions · Criticism of #1322Criticized3 criticim(s)

People can still publish fan fiction as long as they get the copyright holder’s permission.

#1330 · · Dennis Hackethal, 7 days ago · Criticism of #1329
#1330 · expand

Copyright encourages creativity because the most creative work is done by the original work’s creator, and copyright protects that creation. Without that incentive, many original creators wouldn’t publish their creations in the first place.

#1333 · · Dennis Hackethal revised 6 days ago · 2nd of 2 versions · Criticism of #1329
#1333 · expand

Another way copyright promotes creativity is that it doesn’t allow creations that aren’t sufficiently creative.

#1332 · · Dennis Hackethal, 6 days ago · Criticism of #1329
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#1321 · expand

Intellectual property is a contradiction in terms because information isn't scarce the same way that private property necessarily must be.

#1335 · · Amaro Koberle, 6 days ago · CriticismCriticized1 criticim(s)

Duplicate of #1346.

#1358 · · Dennis Hackethal, 6 days ago · Criticism of #1335
#1358 · expand
#1335 · expand

To keep someone from copying your work you have to infringe on the private property of that person by claiming an exclusive right on prohibiting his use of his privately owned copying medium to instantiate a certain pattern.

#1336 · · Amaro Koberle, 6 days ago · CriticismCriticized1 criticim(s)

‘To stop someone from murdering you you have to infringe on his private property by claiming an exclusive right on prohibiting his use of his privately owned gun to shoot you’ How is that different?

#1339 · · Dennis Hackethal, 6 days ago · Criticism of #1336

Murdering someone destroys their scarce property (their body  in this case). Copying something using your own property leaves the original totally untouched.

#1341 · · Amaro Koberle, 6 days ago · Criticism of #1339Criticized3 criticim(s)

One can steal value without stealing physical property (as happens when you transfer someone’s digital money without their consent).

#1344 · · Dennis Hackethal, 6 days ago · Criticism of #1341

The issue is scarcity. Digital money is also scarce since you cannot double spend it. If it wasn't scarce, it wouldn't be money and neither would it be private property.

#1346 · · Amaro Koberle, 6 days ago · Criticism of #1344Criticized3 criticim(s)

But digital money isn’t physically scarce like someone’s body. Your argument rests on physical property being special in some way.

#1347 · · Dennis Hackethal, 6 days ago · Criticism of #1346

Do you agree that scarcity is at least a central consideration in determining whether copying information in disregard of consent should be considered a crime or not?

#1451 · · Amaro Koberle, 4 days ago · Criticized2 criticim(s)

No I disagree, for all the reasons I already gave in response to #1346.

#1452 · · Dennis Hackethal, 4 days ago · Criticism of #1451
#1452 · expand

Copyright infringement usually isn’t a crime.

#1453 · · Dennis Hackethal, 4 days ago · Criticism of #1451
#1453 · expand
#1451 · expand
#1347 · expand

Imagine living on a flat planet that extends infinitely in all directions.

Land is not scarce on this planet.

You build a house, mixing your labor with an acre of land. Someone comes and takes your land, saying you have no cause for complaint since land isn’t scarce.

See how scarcity isn’t necessary for something to be property?

#1357 · · Dennis Hackethal, 6 days ago · Criticism of #1346
#1357 · expand

Take someone’s reputation. That isn’t a ‘scarce’ thing yet it’s a good thing there are laws against defamation.

#1359 · · Dennis Hackethal, 6 days ago · Criticism of #1346

Reputation is scarce in the sense that it’s limited.

#1360 · · Dennis Hackethal, 6 days ago · Criticism of #1359Criticized1 criticim(s)

But it isn’t scarce in a physical sense.

#1361 · · Dennis Hackethal, 6 days ago · Criticism of #1360
#1361 · expand
#1360 · expand

I'm not sure it's a good thing.

#1362 · · Amaro Koberle, 6 days ago

So if someone publishes a blog post falsely but believably accusing you of being a pedophile and then all your business partners stop talking to you and you lose all your money and your friends and family ghost you, you wouldn’t want to have any legal recourse?

#1363 · · Dennis Hackethal, 6 days ago

I'm not sure, seriously. I'm open to suggestions.

There's lots of things that I think people shouldn't do yet should still be legal.

#1364 · · Amaro Koberle, 6 days ago
#1364 · expand

I can also think of ways this could be misused.

#1366 · · Amaro Koberle, 6 days ago · Criticism of #1363Criticized1 criticim(s)

Some people abuse the letter of the law to violate the spirit of the law, but that doesn’t mean the corresponding laws are bad per se. Those are problems, errors that can be corrected.

#1367 · · Dennis Hackethal, 6 days ago · Criticism of #1366
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Laws (against murder and other crimes) don’t reduce to physical property.

Libertarians often think that the purpose of the law is ONLY to define and enforce property rights. In reality, the purpose of the law is to prevent and address the arbitrary in social life.

It’s true that it would be arbitrary if anyone could just take your property against your will, but that doesn’t mean it’s the only kind of arbitrariness the law should prevent/address.

#1345 · · Dennis Hackethal, 6 days ago · Criticism of #1341
#1345 · expand

Ridiculous definition of murder. Classic libertarian thought bending over backwards to reduce everything to property rights. Please cite a legal text where the definition of murder invokes scarce property.

#1350 · · Dennis Hackethal revised 6 days ago · 2nd of 2 versions · Criticism of #1341

No. I don't expect to find it, but that doesn't make it less true. That's how I make sense of the difference between IP and real property.

#1352 · · Amaro Koberle, 6 days ago · Criticism of #1350Criticized1 criticim(s)

If current law isn’t based on what you claim it’s based on then that does make it less true.

#1353 · · Dennis Hackethal, 6 days ago · Criticism of #1352

I don't care about current law, there are lots of dumb laws. I care about what's right and why.

#1354 · · Amaro Koberle, 6 days ago · Criticism of #1353Criticized2 criticim(s)

But the law against murder isn’t a dumb law even though it doesn’t refer to someone’s body being scarce property.

#1355 · · Dennis Hackethal, 6 days ago · Criticism of #1354
#1355 · expand

It’s right for the law to address and prevent the arbitrary, and that’s about more than just property. See #1345.

#1356 · · Dennis Hackethal, 6 days ago · Criticism of #1354
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Maybe? Kinda? Not sure.

You don't get to use your knife to aggress on others, that much is clear. So perhaps this can be understood as a right of others to do certain things with your property.

#1368 · · Amaro Koberle, 6 days ago

Right, like preventing you from murdering them.

#1369 · · Dennis Hackethal, 6 days ago

exactly

#1370 · · Amaro Koberle, 6 days ago

So… the law extending to others’ property is nothing new and not totalitarian in and of itself.

#1371 · · Dennis Hackethal, 6 days ago

true!

#1372 · · Amaro Koberle, 6 days ago
#1372 · expand

I should be clear though that it is only right for the law to interfere with property to protect others’ rights. It’s not right for the law to confiscate your money to collect taxes, say.

#1374 · · Dennis Hackethal, 6 days ago
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Just intuitively, I feel like there's a difference between forcing others not to force you, and forcing others not to copy you. I feel like defending against others using your scarce means towards their ends is just, while defending against others using non-scarce means towards their end is wicked. Since I impose no opportunity cost on someone by copying information, they have no claim on my scarce means as recompense. The copy-ability of information gives us this nice non-zero-sum situation where we can have our cake and eat it too because we don't have to economize on non-scarce things.

Correction: In some sense copying information does impose a cost, but I think of that cost more akin to the cost imposed on an incumbent producer by his competing alternatives in a free market.

When I distribute Harry Potter for free, I am simply offering better terms for access to the information than JK Rowling, so in a free market I should be the one that ends up distributing because I solve the same problem at a lower price.

#1454 · · Amaro Koberle revised 4 days ago · 2nd of 2 versions · Criticism of #1371Criticized2 criticim(s)

Duplicate of #1346.

#1448 · · Dennis Hackethal, 4 days ago · Criticism of #1454

This duplicate is symptomatic of a larger and common issue of just reverting back to one’s previous arguments when one hasn’t fully processed the counterarguments. Veritula helps you avoid doing that because you can just look up each idea’s ‘truth status’. If it has outstanding criticisms, you don’t invoke it again. You either save it first or work on something else.

#1450 · · Dennis Hackethal revised 4 days ago · 2nd of 2 versions
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#1448 · expand

‘When I distribute other people’s bicycles for free, I am simply offering better terms for access to bicycles than the stores that sell them, so in a free market I should be the one that ends up distributing because I solve the same problem at a lower price.’ 🤡

#1456 · · Dennis Hackethal, 4 days ago · Criticism of #1454
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Copyright is routinely violated without consequences anyway.

#1337 · · Amaro Koberle, 6 days ago · CriticismCriticized1 criticim(s)

‘Lawbreakers get away with it all the time so it’s fine.’ How is that an argument?

#1340 · · Dennis Hackethal, 6 days ago · Criticism of #1337

Just that if it was so crucial for innovation then you'd expect innovation to suffer from all the copyright infringement that is going on.

#1342 · · Amaro Koberle, 6 days ago · Criticism of #1340Criticized1 criticim(s)

That could be happening though, so agreed that it isn't a good argument.

#1343 · · Amaro Koberle, 6 days ago · Criticism of #1342

I do expect innovation to suffer from current copyright infringement, yes. Just add up all the infringed copies being shared times the average price, that’s the damage being done and it discourages creators from creating more.

#1349 · · Dennis Hackethal, 6 days ago
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All that being said, I think crediting people for inspiration is good form and should be part of common polite behavior.

#1338 · · Amaro Koberle, 6 days ago · CriticismCriticized1 criticim(s)

Credit is a different matter from copyright. Plagiarism and copyright infringement aren’t the same thing.

#1376 · · Dennis Hackethal, 6 days ago · Criticism of #1338
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Am I committing aggression against JK Rowling if I pirate a PDF copy of Harry Potter?

#1375 · · Amaro Koberle, 6 days ago · CriticismCriticized1 criticim(s)

Yes.

#1377 · · Dennis Hackethal, 6 days ago · Criticism of #1375

Why? I don't get that. She's not losing anything.

#1378 · · Amaro Koberle, 6 days ago · Criticism of #1377Criticized2 criticim(s)

You’re violating her rights: specifically, her copyright. That’s an aggression.

#1379 · · Dennis Hackethal, 6 days ago · Criticism of #1378

Why am I violating her rights?

#1382 · · Amaro Koberle, 6 days ago · Criticism of #1379Criticized1 criticim(s)

Because she owns the copyright.

#1383 · · Dennis Hackethal, 6 days ago · Criticism of #1382

Okay so without referring to current legislation. I understand that it is currently illegal, just like tax evasion, but that won't go far in persuading me that it isn't right.

#1384 · · Amaro Koberle, 6 days ago · Criticism of #1383Criticized1 criticim(s)

Ok let’s rewind the clock and say JK Rowling has finished writing Harry Potter but she hasn’t published it yet.

And she says: I’m going to publish and sell this book on condition that anyone who buys it not distribute it further. They can read it but they can’t redistribute it without my permission.

Those are the terms of publication. It’s a contract. And anyone who buys the book is then bound by the contract.

She would not publish the book otherwise.

She created a value and she wants to trade that value for something specific (money in exchange for reading, not redistributing).

Others are free to take her up on the offer or ignore her.

#1385 · · Dennis Hackethal, 6 days ago · Criticism of #1384

So it's not me who's pirating the book that is violating her right. It's whoever uploaded it for me to download it, right?

#1386 · · Amaro Koberle, 6 days ago · Criticism of #1385Criticized2 criticim(s)

If you’re looking for someone to assuage your guilt over having pirated copyrighted content in the past, you won’t get that from me.

#1387 · · Dennis Hackethal, 6 days ago · Criticism of #1386

Lol no, I'm trying to understand your point. You're saying that buying a book is a bit like signing an NDA, where I can be held liable for breach of contract if I disclose information. Did I get that right?

#1389 · · Amaro Koberle revised 6 days ago · 2nd of 2 versions · Criticism of #1387Criticized1 criticim(s)

Not like signing NDA since you are free to talk about the ideas in the book in your own words, but kinda like breach of contract yeah.

#1391 · · Dennis Hackethal, 6 days ago · Criticism of #1389

Okay well I have never thought of it in those terms. I definitely think NDAs should be enforceable.

#1393 · · Amaro Koberle, 6 days ago
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If someone steals a bike and then gifts it to you that doesn’t mean the owner can’t have it back just because you didn’t steal it. Same for copyright.

#1392 · · Dennis Hackethal, 6 days ago · Criticism of #1386

So then JK Rowling can use violence against me to extort the value that I have supposedly stolen by downloading a book that was uploaded in violation of a contract by a third person?

#1427 · · Amaro Koberle, 4 days ago · Criticism of #1392Criticized1 criticim(s)

Not sure that’s extortion but yes, generally speaking, people have the right to use force to prevent and address the arbitrary in social life (#1345).

#1428 · · Dennis Hackethal, 4 days ago · Criticism of #1427

But I was never party to that contract! I never agreed not to distribute it, and I also didn't actually distribute it. I just downloaded it from Pirate bay.

#1429 · · Amaro Koberle, 4 days ago · Criticism of #1428Criticized2 criticim(s)

Duplicate of #1386. Repeating an argument that has outstanding criticisms doesn’t address the criticisms. You can address the criticisms or revise the argument or abandon the argument.

#1432 · · Dennis Hackethal revised 4 days ago · 2nd of 2 versions · Criticism of #1429
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Circular due to #1386.

#1434 · · Dennis Hackethal revised 4 days ago · 2nd of 2 versions · Criticism of #1429
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There, the owner is short of a bike. Returning it to him will make him whole. The situation looks quite different in the case of information, at least in my eyes. What exactly is to be returned?

#1436 · · Amaro Koberle, 4 days ago · Criticism of #1392Criticized2 criticim(s)

Maybe you could simply pay her the price of the book plus interest plus a fee for the inconvenience. Plus some ‘deterrence fee’ so that most people don’t even think of doing it to begin with.

#1437 · · Dennis Hackethal, 4 days ago · Criticism of #1436

But I didn't agree to buy the book. I wouldn't have bought it if I hadn't found it on pirate bay, let's say.

#1439 · · Amaro Koberle, 4 days ago · Criticism of #1437Criticized2 criticim(s)

You never agreed to buy the bike either, that’s the point.

#1440 · · Dennis Hackethal, 4 days ago · Criticism of #1439
#1440 · expand

You didn’t trade value for value. You traded nothing at all and only received. A free market and justice depend on people interacting as traders, not as leeches (objectivism).

#1441 · · Dennis Hackethal, 4 days ago · Criticism of #1439

I have received a pattern of information. Information cannot be owned as it is non-scarce. JK Rowling is asking me to give her money for something that was never hers to begin with.

#1442 · · Amaro Koberle, 4 days ago · Criticism of #1441Criticized1 criticim(s)

Going in circles now.

#1443 · · Amaro Koberle, 4 days ago · Criticism of #1442Criticized1 criticim(s)

Not circular since #1346 is not a parent of this idea.

#1444 · · Dennis Hackethal, 4 days ago · Criticism of #1443
#1444 · expand
#1443 · expand

Duplicate of #1346.

#1445 · · Dennis Hackethal, 4 days ago · Criticism of #1442
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#1437 · expand

Just returning the bike doesn’t necessarily make him whole. Maybe he lost revenues during the time he couldn’t use his bike.

#1438 · · Dennis Hackethal, 4 days ago · Criticism of #1436
#1438 · expand
#1436 · expand
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I wasn't aware that I signed such a contract when buying a book. I think for the contract to be valid I have to be aware of the conditions, no?

#1397 · · Amaro Koberle, 6 days ago · Criticism of #1385Criticized2 criticim(s)

Copyright is a well-known law in widespread use.

#1400 · · Dennis Hackethal revised 4 days ago · 2nd of 2 versions · Criticism of #1397
#1400 · expand

Ignorance of the law is not generally a legal defense, afaik.

If it were, any criminal could simply claim he didn’t know what he was doing was illegal. Which would be arbitrary.

Which brings us, again, to the purpose of the law: to prevent and address the arbitrary in social life (#1345).

#1399 · · Dennis Hackethal, 6 days ago · Criticism of #1397
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Your perspective on whether she loses anything really doesn’t matter. That’s the same even for cold hard property. If I exchange your tic tacs for $1,000,000 without your consent, you only win, you didn’t lose, but it’s still theft.

#1380 · · Dennis Hackethal, 6 days ago · Criticism of #1378

agreed

#1381 · · Amaro Koberle, 6 days ago
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#1375 · expand

Copyright prevents the flow of ideas/information.

#1394 · · Dennis Hackethal, 6 days ago · CriticismCriticized2 criticim(s)

No. Copyright never prevents consenting parties from sharing text freely as long as everyone agrees that that’s ok (see #1330).

#1395 · · Dennis Hackethal, 6 days ago · Criticism of #1394
#1395 · expand

Copyright doesn’t prevent people from talking about someone else’s text in their own words, as much as they want.

#1396 · · Dennis Hackethal, 6 days ago · Criticism of #1394
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#1394 · expand

Copyright just seems so arbitrary to me. The whole edifice of law around it. Why 70 years after the author's death? What's "original"? When is it "my own words?"

#1402 · · Amaro Koberle, 4 days ago · CriticismCriticized3 criticim(s)

Why 70 years after the author's death?

That seems excessive to me too, but you can thank lobbyists for that. Doesn’t mean copyright doesn’t make sense as a whole.

#1403 · · Dennis Hackethal, 4 days ago · Criticism of #1402
#1403 · expand

What's "original"?

Drawing stick figures is not, writing down a completely new text with new concepts is. There are some gray areas but again (#1403), that doesn’t mean copyright doesn’t make sense as a whole.

#1404 · · Dennis Hackethal, 4 days ago · Criticism of #1402
#1404 · expand

When is it "my own words?"

When you come up with it yourself. Like are you doing right now with your messages (to which you own the copyright, btw, unless the Veritula terms disagree, I’d have to double check).

#1405 · · Dennis Hackethal, 4 days ago · Criticism of #1402
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Wouldn’t copyright make LLMs illegal, too?

#1406 · · Amaro Koberle, 4 days ago · CriticismCriticized1 criticim(s)

Yes they are leeches

#1407 · · Dennis Hackethal, 4 days ago · Criticism of #1406

Nice, much innovation

#1408 · · Amaro Koberle, 4 days ago · Criticism of #1407Criticized1 criticim(s)

LLM coders should come up with something else that doesn’t steal value.

#1410 · · Dennis Hackethal, 4 days ago · Criticism of #1408

Maybe LLM coders aren't stealing value but instead creating it?

#1411 · · Amaro Koberle, 4 days ago · Criticism of #1410Criticized1 criticim(s)

They are creating some but also stealing lots. You could steal a bicycle to become a courier and create value as a courier, but you still shouldn’t steal the bicycle in the first place. And if the thief complained about not being able to create value because it’s illegal to steal bicycles, everyone would rightly laugh at him. It’s his responsibility to find win/win solutions with people, not leech off others in the name of ‘creating value’.

#1412 · · Dennis Hackethal, 4 days ago · Criticism of #1411

I doubt it. I hope they keep doing it. I hope to live in a world where copyright isn't enforced. I expect to see more creation and novelty.

#1413 · · Amaro Koberle, 4 days ago · Criticism of #1412Criticized3 criticim(s)

Duplicate of #1329.

#1414 · · Dennis Hackethal, 4 days ago · Criticism of #1413
#1414 · expand

I doubt it.

Unclear what “it” refers to.

#1415 · · Dennis Hackethal, 4 days ago · Criticism of #1413
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I doubt it.

You just say that without any reasoning.

#1416 · · Dennis Hackethal, 4 days ago · Criticism of #1413

Midjourney wouldn't exist... Our cool pics of Mujahideen eating Bacon wouldn't exist.

#1417 · · Amaro Koberle, 4 days ago · Criticism of #1416Criticized2 criticim(s)

‘Couriers who jump start their careers by stealing bicycles wouldn’t exist.’

#1419 · · Dennis Hackethal, 4 days ago · Criticism of #1417

It's a good point, but I don't think those two compare. Again, bicycles are scarce. My use prevents your use.

#1421 · · Amaro Koberle revised 4 days ago · 2nd of 2 versions · Criticism of #1419Criticized3 criticim(s)

Duplicate of #1346.

#1423 · · Dennis Hackethal, 4 days ago · Criticism of #1421
#1423 · expand

It’s about value not physical scarcity. If you only steal it while I’m asleep and return it before I wake up and want to use it it’s still theft.

#1424 · · Dennis Hackethal, 4 days ago · Criticism of #1421
#1424 · expand

There's this nice bit in Man, Economy & State where Rothbard explains that durable goods can be broken down into their unit services (not sure that's the term) and that all durable goods get used up as they provide service.

So I guess someone would reduce the serviceable lifespan of the bike by using it during the times that you aren't using it.

#1425 · · Amaro Koberle, 4 days ago · Criticism of #1421

Yeah. And if he takes it against your will and replaces it with a brand new bike it’s still theft.

#1426 · · Dennis Hackethal, 4 days ago
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I should say, the issue of LLMs isn’t entirely clear cut since they don’t actually redistribute any text. So their output may not be a copyright violation in the original sense. Could maybe be a derivative work of the training data though (see #1322).

There are a lot of open legal questions about AI. See https://hawleytroxell.com/insights/how-i-really-feel-about-chatgpt-from-an-ip-lawyers-perspective/. For example:

Copyright owners and patent holders have no recourse against infringing, illegal AI output since the law has not yet caught up to create a remedy. So if I ask ChatGPT to write me some Star Wars fan fiction and I then place that content on the internet or sell it on Amazon, Disney has no remedy—except to sue me somehow, because they are Disney and have a lot of money.

And:

I cannot register copyrights in content authored by an AI because I am not the author, and the AI cannot register its own copyrights because it lacks personhood.

#1409 · · Dennis Hackethal, 4 days ago
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