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Teeveryesterday at 12:28 AM2 repliesview on HN

[the United States Congress shall have power] To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.

https://en.wikipedia.org/wiki/Copyright_Clause

The purpose of the system as it was originally conceived was not to provide maximum economic extraction -- the purpose was to promote the progress of science and useful arts.

It is not necessarily the case that the maximization of economic extraction coincides with the progress of science and useful arts.


Replies

ronsoryesterday at 12:50 AM

I am familiar with the Copyright Clause. You need to remind the courts, Congress, and rights holders, not me. If I had my way, rent seeking would be dead.

avazhiyesterday at 1:10 AM

Interesting how you’ve chosen to interpret that section.

When I was in law school we were taught what seemed obvious then and is obvious now: that Congress has the power to promote the progress of science and useful arts by giving authors and inventors exclusive right to the economic fruits of their works. You can argue about flaws in the system but it’s pretty laughable to suggest that copyrights and patents don’t exist for the purposes of maximum economic value extraction for inventors and authors.

There is quite literally no other reason for granting a copyright or patent. It’s also why if a plaintiff is successful in a claim for an infringement of either, he’ll get awarded money in the United States that at a bare minimum is designed to compensate him for the money he would have made if the patent or copyright had been complied with. Europe has some different ideas about moral rights in this space, but since you’re quoting US material I assume you aren’t referring to our funny brothers across the pond.

It’s obvious to most people that humans act in certain ways due to incentives, and we like to incentivise invention and creativity in the West.

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