Why is a corporation that distributes
the creative work of a third party entitled to prevent others from recreating and distributing those materials themselves?
Because the corporation has negotiated with said third party for either exclusive or semi-exclusive
right to control of distribution (instead of simply distribution)... ideally, anyway.
Why is the creator of a work entitled to control or grant control of distribution? More specifically, what about the act of creation entitles an individual to compel others through threats and force to refrain from recreating that work?
The non-ideal aspects meander off into (currently utterly bullshit) copyright law, copyright theory, draconian contracts, and a cultural system that's been somewhat heavily structured by those very companies demanding control over distribution as part of their services... among who knows what else.
Exactly. I dispute the validity of the initial premise: copyright.
The mere fact of me having been the "first" to introduce an idea, or a work to this world does not entitle me to prevent others from introducing those same ideas or variations on them. Neither the technological means they use to create or adapt that work, nor the precision or medium of the recreation change this.
If I compose an original melody, and hum it in a public place where you overhear it, is it "wrong" for you to listen to it and start humming it yourself? Is it "wrong" if you hum it around your friends so that they hear it too? Am I, as the original composer, entitled to fine or imprison you for doing these things?
I think everyone here would say no, it isn't wrong, and that fines and imprisonment are not an appropriate response.
If instead of merely humming it, I compose a musical piece based on that melody, then use instruments to play it in public...and then you, having heard that performance, go home and recreate that piece at home for yourself and your family using your own instruments, does that make it wrong? Am I now entitled to fine or imprison you for doing this?
If I produce that music in a recording studio, and have it played on the radio...and you in the privacy of your own home record a copy of that music so that you and those around you can listen to it whenever you like, is it wrong yet? May I fine and imprison you for this?
If I burn that music to CD on my home computer, and show up at a swap meet to sell those CDs, and you give me money in exchange for a CD that I have made...and then you go home and play that CD for yourself and others....is that wrong? What if you play that CD for others who did not give me money? Does that make it wrong? Am I entitled to fine you and imprison you? If instead of playing it for them you make a copy of the CD and give it to a friend, does that make it wrong? Does that entitle me to fine and imprison you?
If instead of burning it myself at home I contract with a third party to manufacturer CDs with that music in quantity, and I make a deal that they sell those CDs and give me a portion of the proceeds...and you then purchase a CD from that third party, make a copy and give it to a friend...is it wrong yet? May I fine and imprison you?
If instead of giving your friend a physical copy you give him an electronic copy, may I fine and imprison you? If instead of giving a copy to a friend you give it to a complete stranger may I fine and imprison you? If instead of giving an electronic copy to one stranger you give it to many strangers may I fine and imprison you?
At what point does it become "wrong?" At what point am I as the original creator of a work, or others I have contracted with, entitled to demand money from you and throw you in jail for reproducing my work?
Why?
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Topic: Online Piracy (Read 27338 times)