Entitled said:
DracoSuave said:
Intellectual property is a form of property, and that includes 'monopolistic licenses of exclusive production.' That's a basic right of intellectual property.
IP is a form of property in the same way as "character assassination" is a form of assassination, or as "gold farming" is a type of farming.
In other words, it's not. It's a
figure of speech, an analogy, and not even a very good one.
I'm not saying that IP rights don't exist, just that comparing piracy to theft on the basis that both are outlawed by laws that are sometimes compared to each other, is an argument from a false analogy.
What bothers me here, is that this is what allows you to move the goalposts, as pro-piracy advocates always do.
This is how it works.
An anti-pirate advocate describes it as theft, describes it as property rights--in a moral sense. The argument is about the -morality- of piracy, not the -legality- of piracy.
Then, a pro-piracy advocate says 'Oh no, it's not technically theft under convenient law XCSDFG' and thus, having redefined theft from the moral sense to the legal sense, has shifed the goal posts, and redefined terms that the original proponent did not intend.
That's not a valid rebuttal.
DracoSuave said:
Okay, let's put it in different terms.
Let's say you're a father, a family man, and you decide to make a home movie with your kid. Your kid's flying around in a cape, and you film it, and it's cute.
Do you have the right to decide not to show that video of your kid goes onto youtube?
Do you have the right to decide not to show that video on the evening news?
Do you have the right to decide not to have pedophiles wanking off to your video?
Do you have those rights?
If you answer yes to ANY of those, you've just acknowledged that the creation of a piece of art does, in fact, carry specific rights to the distribution of that art. You can make the decision to distribute OR NOT distribute that video of your child as you see fit.
I didn't understand the first question, and answered no to the third. The second one depends on whether by "evening news" we are talking about a commercial TV network that is getting a profit from ad revenues around the news, in which case I think YES, it should belong to the IP holder's exclusive publishing right, but no in a non-commercial sharing of video clips.
I'm aware that people have a number of legal Intellectual Property rights, and I believe that they are morally entitled to a number of these (even if not all of them).
The first question is really simple. If you made a video of that kid, do you have the right to say 'No' to someone publishing it on Youtube. Say I want to publish that video--do you have the right to tell me to fuck off?
The point of this is not whether you agree with the specifics of intellectual property rights, but merely their existance. If you do, then we have communicated a term correctly, and we both agree those rights can and should exist.
DracoSuave said:
If you answer no, then you therefore do NOT mind if I break into your home and take data off your computer. You do NOT mind if I take videos of your children and post them against your will as a parent.
That's a slippery slope fallacy. IP is a series of commercial regulations, that's limits were constantly reinterpreted and rewritten over time. It can be an entirely consistent idea to want to add
certain further limits to it, and not others.
Besides, privacy rights are especially different from copyrights. I believe that I have a right to protect my actual property, such as my home or my hard drive, and my body, but I don't believe that I have a right to stop other people from watching the digital data that I already distributed, or to tell people what they are allowed to do with their penis while watching my public youtube videos.
See there's the problem... you don't see the similarity between your own personal right not to publish and someone else's right not to publish. You don't understand that it's the same concept--your privacy rights are bolstered by your intellectual property rights. It's why people can't just break in and publish your movies.
Now obviously, you cannot control what people do with your published material, should you decide to do so. But you're not giving up your publishing rights, the fundamental RIGHT to decide the fate of your own product.
If the consumer hasn't bought from you the right to distribute your product--they haven't paid for it, why do they have an intrinsic right to distribute that product? This is a strictly moral question here... does selling something to someone ALSO include giving them the rights to manufacture exact copies and redistribute them for free?
Does selling something to someone give them the right to pick the locks you put on that thing in order to make it tougher for them to distribute it to others for free?
DracoSuave said:
This is where the hypocracy comes into play--once you realize that protecting your privacy REQUIRES acknowledgement of intellectual property rights, you realize that YOUR rights as a human being are jeopardized by the total 'freedom of information' that these people are championing.
IP doesn't protect privacy, it protects economical benefits. As the US constitution says, they are written "To promote the Progress of Science and useful Arts". IP laws need to be exactly as wide or tight as it is necessary to promote progress.
Yes, it -also- protects economical benefits. There's the rub. Finally someone admits it.
You've JUST admitted there's economical benefits from someone making a work and publishing it--which means there's something to be deprived from them.
So... do you admit they have intellectual property rights? Yes.
Do you admit that some of those rights should be respected? Yes.
Do you admit that their own personal work can have economic benefit? Yes.
Do you admit that intellectual property rights protects the creators' economic interest? Yes.
So the big question is... do the creators of a work have a right to economic benefits from the distribution of that work? Do they, in other words, have the right to sell something you clearly agree belongs to them?
And do you, as a customer, have the right to make copies of their work, distribute it for free, and thusly undercut someone you made a deal with?
Remember, this is NOT the same as you selling your own copy of that work. Doing so is fine, you were sold one copy and you do with it as you please. This is you manufacturing knockoffs and distributing them for free.
If you don't want to call it theft because you're hung up on legal definitions... it's most certainly some sort of violation of contract law at best, it'd be similiar to counterfeiting or whatnot. The fact that it's digital and thus your manufacturing costs are negligible doesn't make the concept any different.
I'd rather not get hung up in the legal definitions in what is plainly a moral argument on my side. It's morally theft--you are violating their property rights and causing them harm, specificly by creating knock-off products in order to produce a competitive advantage.
chikusho said:
Something given or shared of free will cannot be described as theft in any philosophy, and somebody else is sharing their copy with you of their free will in a typical file-sharing process as you are manufacturing your own copy. It is, however, infringing a governmentally-sanctioned duplication monopoly, which is a completely different beast than property rights.
But it ISN'T given or shared of free will, is it?
Or rather, the 'free will' here isn't the 'free will' that matters. By this definition, proper theft, is not theft.
After all, the thief certainly exercised free will, even if the owner did not.
This argument completely boils down to 'It's not theft because I have the ability to perform the theft' which is like saying breaking into someone's house ceases to be immoral because you own a set of lockpicks.
The question is, who owns the COPY. And it's actually pretty clear--if you buy a product, you're not buying the right to make cheap knock-offs and distributing it as the original. If you went in, studied the code, and recoded it from the ground up, or made your own original product from scratch that acts as a similar version (What Zynga does), then you'd be manufacturing and distributing of your own free will.
And that's the hypocrasy of it--if it's Zynga making a similar and competing version to a game, they're knock-off artists, and they're stealing from others' creative works blah blah blah. But when YOU do it, and you don't even bother to make your own, all you do is just copy-paste bits and distribute them... you're a hero of the internet!
When, by ANY reasonable definition, you're actually worse--because unlike Zynga, you AREN'T manufacturing something of your own. All you're doing is stealing someone else's idea, making a copy, and distributing it because you just don't want to pay for it.