Verlander said:
Bet Firefox is regretting putting that refresh button on their browser now...
Seriously though, what's wrong with copyright law? This isn't a question to goad people, but I don't understand what they actually want
Arec Balrin said:
It infringes on already existing rights; so-called 'natural rights'.
Except copyright isn't a "natural rights" issue, and good luck finding someone who will associate the two and can do so credibly. Copyrights emerged from legal tradition. And so far as that goes, the traditions for copyright law are goddamn ancient.
Arec Balrin said:
These are ideas that go back to the Magna Carta and were given distinct form in the Enlightenment, which is reflected in the constitution of the United States.
I get that it's probably not what you mean, but it seriously looks like you're trying to cite the Magna Carta as the origin of the Enlightenment. Which it certainly wasn't. On top of that, while there is an association between the Magna Carta and the Constitution conceptually, there isn't a lot of continutity to be had. Otherwise this would be a fine articulation of the traditions of natural rights if you simply removed the copyright element from your argument.
Arec Balrin said:
You have the right for example to write stuff and pass it around; by what right does anyone else have to physically stop you putting a pen to paper? The First Amendment forbids the US government from making any law that infringes on this. But a special exception is made for copyright.
Except, you know, it doesn't. You see, copyright law is not a first amendment issue. There ARE exceptions to the first amendment, but this isn't about free speech. This is, and always has been, about theft and protecting an individual's artistic work.
Arec Balrin said:
The original justification for copyright laws in light of the rights they infringe on was that they were there to protect public access to information; so supporting the principle of free expression rather than interfering with it.
You're actually getting this kinda backwards. You're right about the intent, but not what copyright laws were at the time. During colonial and early republic courts were incredibly unwilling to defend foreign copyrights, and even domestic ones weren't completely safe for the reason you cite, public access to knowledge. Education, and the availability of information were seen as a higher priority than protecting the rights of an individual. As the American publishing industry kicked in, American courts became much more protective of copyrights as a whole.
Arec Balrin said:
The argument was that if authors had some limited copyrights over their work then they would get a return on their investment in it, encouraging them to make more original work.
Which is, ironically, the most frequently cited legal argument for copyrights.
Arec Balrin said:
It would all eventually be freely available in the public domain once the exclusive copyrights expired.
Again, that's sort of where the public domain concept comes from, sort of, but, again you butchered the first half of this.
Arec Balrin said:
A far cry from modern copyright law; which exists for and serves the polar opposite purpose.
The intent behind modern copyright law is the protection of the author. In theory that is where it stops. In practice, corporations fuck everything up for everyone. Public Domain is still calculated off the time since the original author's death, but Disney keeps lobbying (and so far receiving) extensions to that time frame (for copyrights as a whole) whenever any of their corporate mascots starts creeping too close to public domain.
In theory fair use statutes allow for limited non-commercial use of material, but the DMCA places discretion in the hands of the copyright holder and tends to be implemented with a claw hammer.
Increasingly corporate entities take ownership of copyrights at the expense of the author(s), this has been particularly visible in the film and music industries. So laws which are, and always have been about protecting an artist's work, and encouraging artistic freedom have become the financial protection for major corporations.
So, in answer to your original question, Verlander, there's two issues here against copyright laws. The first are thieves, who justify their acts... well, however they want, but ultimately they take copyrighted material because they can. Their explosive rise in the last decade has provoked companies and individuals whose livelihood depends on copyrights into a harsher stance. This stance has in turn has harmed individuals who exist on the fringes and are in compliance with fair use.