In a moral sense, I liken copyright law to patent law. Patents were created as a means to enable an inventor to profit from his or her work in developing a new idea for a device or method of producing such a device. For twenty years after the first filing date for the patent, the filer has the exclusive right to produce, sell and distribute his invention. This law does not protect the physical good, but rather it protects the idea of it.
The notion of copyright is similar, but applies to purely intellectual creations. When I buy a book, it is understood that I am not paying $35 for paper, glue and ink. I can buy that for $1 in the stationery isle at my local supermarket. I am paying for the non-material content. Because this non-material content can be reproduced at little or no cost, it is easy for anyone with no involvement in its creation to duplicate and distribute it with almost no front-end investment.
It is seen as important to protect the inventor's ability to profit from this work as the invention process is often expensive and time consuming. If an inventor has no assurance that a business entity won't immediately mass produce the product being developed more cheaply than he can, he has no incentive to invent. Similarly, the creator of intellectual property has no incentive to create something if absolutely anyone can distribute the work without any effort. Unauthorized distribution does no direct harm any more than selling patented products, but does do indirect harm by subverting the creators ability to profit from their work and recover their investment.
Even if we accept that the notion intellectual property is an economic necessity, we must ask if intellectual property deserves the same protection as physical property. With physical property, if I create a thing, that thing is mine and mine alone. It will remain mine until such a time as I die or willfully transfer ownership to someone else. A physical thing, however, exists in only one place; it is finite. In order to have two of that thing, I must create another one. Giving that thing to someone else deprives the creator of the thing he created. Conversely, intellectual things are only made one time. They require only one initial investment of time and resources. The creator of the property can duplicate it an endless number of times without further investment, just as the "pirate" does. Distribution of the property does not deprive the creator of his original work.
With patent law, we grant the right of a person to make use of an idea for a strictly defined length of time, but do not apply the notion of property to that idea. I propose that legally and morally, it makes sense to model copyright law after patent law; a person does not own an idea they created and cannot dictate its use, but is granted the right to profit from it for a fixed length of time by controlling its distribution. Media, be it a game, music or anything else, could not include an EULA; copyright law would restrict users from distributing the game rather than an agreement made, essentially, under duress ( I can agree or simply forfeit my $60; this is not an agreement made freely by both parties). Media creators could not impose further restrictions on how I use the property I paid for.
The notion of copyright is similar, but applies to purely intellectual creations. When I buy a book, it is understood that I am not paying $35 for paper, glue and ink. I can buy that for $1 in the stationery isle at my local supermarket. I am paying for the non-material content. Because this non-material content can be reproduced at little or no cost, it is easy for anyone with no involvement in its creation to duplicate and distribute it with almost no front-end investment.
It is seen as important to protect the inventor's ability to profit from this work as the invention process is often expensive and time consuming. If an inventor has no assurance that a business entity won't immediately mass produce the product being developed more cheaply than he can, he has no incentive to invent. Similarly, the creator of intellectual property has no incentive to create something if absolutely anyone can distribute the work without any effort. Unauthorized distribution does no direct harm any more than selling patented products, but does do indirect harm by subverting the creators ability to profit from their work and recover their investment.
Even if we accept that the notion intellectual property is an economic necessity, we must ask if intellectual property deserves the same protection as physical property. With physical property, if I create a thing, that thing is mine and mine alone. It will remain mine until such a time as I die or willfully transfer ownership to someone else. A physical thing, however, exists in only one place; it is finite. In order to have two of that thing, I must create another one. Giving that thing to someone else deprives the creator of the thing he created. Conversely, intellectual things are only made one time. They require only one initial investment of time and resources. The creator of the property can duplicate it an endless number of times without further investment, just as the "pirate" does. Distribution of the property does not deprive the creator of his original work.
With patent law, we grant the right of a person to make use of an idea for a strictly defined length of time, but do not apply the notion of property to that idea. I propose that legally and morally, it makes sense to model copyright law after patent law; a person does not own an idea they created and cannot dictate its use, but is granted the right to profit from it for a fixed length of time by controlling its distribution. Media, be it a game, music or anything else, could not include an EULA; copyright law would restrict users from distributing the game rather than an agreement made, essentially, under duress ( I can agree or simply forfeit my $60; this is not an agreement made freely by both parties). Media creators could not impose further restrictions on how I use the property I paid for.