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autoexeclast Thursday at 9:34 AM1 replyview on HN

> the thought is that the copyright value accrued out of some accident and thus, the owner does not deserve its value .

The owner deserves to make as much money from their product as they can, but they should only be able to exclusively profit from that work in any form for 10 years. That's entirely fair.

Copyright isn't the natural order of things. It's an extraordinary restriction on our freedoms. If I hear a song, there's no kind of natural law making it wrong for me to sing it while out in public the next day. There's nothing morally wrong with that either. It's a massive imposition for the government to tell a free person that they can't share certain stories with others.

For almost all of human history copyright did not exist. The stories that were told, and which became foundational to all stories being told today, were not protected by copyright. People who heard those stories just retold the ones they liked again and again making whatever changes they felt like making and the most popular versions of those stories spread and gained a foothold on the culture. That is the natural order.

The reason copyright law was created was not so that people can profit for as long as possible by restricting everyone else's ability to retell stories or sing the songs they've heard. It was created to promote the creation of new creative works. That aim can be easily accomplished in a single decade.

Locking up vast amounts of our culture behind copyright for ~100 years or more is what sounds like theft to me. Not only are copyright terms of that length excessive, but they are so prohibitively excessive that they actually hinder the creation of new creative works as well as the ability for people to profit from those newly created works.

For example, consider the problems encountered trying to make and sell Sita Sings the Blues (https://en.wikipedia.org/wiki/Sita_Sings_The_Blues). The artist behind that project went to extreme efforts to put her work out into the universe. It's easy to see how many others in her situation would have been forced to give up or could become disheartened enough to abandon the project after realizing that there could be no monetary profit in it.

When a work enters the public domain that doesn't even mean that the original author or previous owner of a copyright can't continue to make profit on that work. It just means that other people can build off of that work and/or can publish/sell/distribute that work to others. That's perfectly fair too. I've personally paid for works that were in the public domain on multiple occasions.


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IG_Semmelweisslast Thursday at 4:17 PM

You are conflating copyright with free expression.

That's not correct and the law is clear on this respect. No one has standing to sue you if you decide to sing in public a Michael Jackson song. However, the moment you start selling tickets to the presentation, that's something entirely different.

You are literally leveraging the fact that someone put that song on the map. You didn't create it. You didn't promote it. You didn't do anything, in fact, except try to profit from it.

Libertarians still believe in property rights. Property can be tangible or intangible.

The point can easily be made with a simple peek into history. No one that recorded anything intangible, like a song, was selling it to others for commercial use because they didn't understand that intangible they had just created had value, but the moment they did, morally, they felt it was wrong and sought the courts for redress. There are examples in history:

In fact, the oldest documented examples of creators pushing back against unauthorized copying predate any formal copyright laws by centuries anda few stretch back to over a millennium! [1] [2]

[1] https://www.plagiarismtoday.com/2011/10/04/the-world%E2%80%9...

[2] https://course.oeru.org/oerdsc/copyright-and-licensing/copyr...

Why is this important ? Because the oppression you mention of freedom, in order to happen, must be codified by government. If you have this issue going so far back in time, when government hadn't codified anything, its a clear indication that the issue trascends code and goes to the heart of what is moral and inmoral.

This debate of whether you own an idea, trascended the codification of the idea in government "repressing your freedoms" . The fact of the matter is, we believe strongly in freedom, as long as it doesn't transgress the freedoms of others. This is key. In this case, the freedom to reap the rewards of your hard work should not be infringed by the work of another. You are not more important than someone else. This is a basic tenet of liberty

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