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Okay well I have never thought of it in those terms. I definitely think NDAs should be enforceable.
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.
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.
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.
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.
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.
You’re violating her rights: specifically, her copyright. That’s an aggression.
Credit is a different matter from copyright. Plagiarism and copyright infringement aren’t the same thing.
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.
So… the law extending to others’ property is nothing new and not totalitarian in and of itself.
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.
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.
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.
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?
Take someone’s reputation. That isn’t a ‘scarce’ thing yet it’s a good thing there are laws against defamation.
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?