DracoSuave said:
What bothers me here, is that this is what allows you to move the goalposts, as pro-piracy advocates always do.
This is how it works.
An anti-pirate advocate describes it as theft, describes it as property rights--in a moral sense. The argument is about the -morality- of piracy, not the -legality- of piracy.
Then, a pro-piracy advocate says 'Oh no, it's not technically theft under convenient law XCSDFG' and thus, having redefined theft from the moral sense to the legal sense, has shifed the goal posts, and redefined terms that the original proponent did not intend.
That's not a valid rebuttal.
The problem is, that copyright apologists bring up the whole theft analogy to justify a moral goalpost-moving to begin with. No one ever says things like "murder is morally theft, because it takes away something against your will".
Because if something is obviously evil on it's own, then no one is trying to justify it, and therefore there is no comparison needed.
In case someone *does* come up with a murder scenario that some people cosider morally OK, then others won't just reply with a thought-terminating cliché about how "murder is wrong because it's theft", but they will start to debate the actual details of the scenario and whether it has a positive or negative overall consequence.
In case of copyright, the thought-terminating cliché is used as an excuse of not having to look at IP law as a set of actual regulations that have a specific purpose and might need to be redefined to better fit that purpose, but as something that is bad because it is categorically considered a crime.
DracoSuave said:
The first question is really simple. If you made a video of that kid, do you have the right to say 'No' to someone publishing it on Youtube. Say I want to publish that video--do you have the right to tell me to fuck off?
In that case, it's depending on whether I have already published the video to the public. I don't support privacy violations that involve breaking into my private files, but I don't think that IP holders should control on which free video sharing site their already published work appears on.
DracoSuave said:
See there's the problem... you don't see the similarity between your own personal right not to publish and someone else's right not to publish. You don't understand that it's the same concept--your privacy rights are bolstered by your intellectual property rights. It's why people can't just break in and publish your movies.
Just because they are determined controlled by a same generic idea, the "control over data" and "information freedom", doesn't mean that commercial copyright laws and personal privacy laws are the exact same thing.
You would reveal my hypocricy, if you would catch me saying something like "I have a right to take picures of your children against your or their will and share them on the Internet, but you have no right to take pictures of my children without my permission". Or "I have a right to break into your home and take the novel that you are writing off your computer, but you have no right to break into my home".
Which I didn't. I didn't change my reply to the latter examples, because you changed "others" to "you". I changed them because you changed other conditions. In the first example, you were talking about a father recording a video, putting it up on youtube, and then trying to control it's distribution. In the latter example, you were talking about creeps secretly recording videos about other people's kids.
Two separate cases, one is a matter of copyright, the other is a matter of privacy right.
DracoSuave said:
If the consumer hasn't bought from you the right to distribute your product--they haven't paid for it, why do they have an intrinsic right to distribute that product? This is a strictly moral question here... does selling something to someone ALSO include giving them the rights to manufacture exact copies and redistribute them for free?
Does selling something to someone give them the right to pick the locks you put on that thing in order to make it tougher for them to distribute it to others for free?
This is where the hypocracy comes into play--once you realize that protecting your privacy REQUIRES acknowledgement of intellectual property rights, you realize that YOUR rights as a human being are jeopardized by the total 'freedom of information' that these people are championing.
I don't think that they have an "intrinsic right" to it, or that "freedom of information" is above all else. As I said in my first post in this thread, I don't think that downloading is any more of a basic human right than copyright is. There are a number of reasons why I think that liberalizing copyright to allow for downloadings would be healthy for all culture, but ultimately it's just a matter of whatever is more convenient for us as a society at any given time.
DracoSuave said:
Yes, it -also- protects economical benefits. There's the rub. Finally someone admits it.
You've JUST admitted there's economical benefits from someone making a work and publishing it--which means there's something to be deprived from them.
It does. Then again, if copyright length would be 110 years instead of 95 years, then publishers would get even more economical benefits. If taking a screenshot from a game wouldn't fall under Fair Use, publishers could charge a few cents for making each of them, thus gaining extra economical benefits. If you wouldn't be allowed to record TV shows for timeshifting, then you would miss tonight's movie, and then you could watch it by paying for it on Netflix, so banning DVD recorders would mean extra economical benefits for publishers.
DracoSuave said:
So the big question is... do the creators of a work have a right to economic benefits from the distribution of that work? Do they, in other words, have the right to sell something you clearly agree belongs to them?
Big question indeed. And here comes back the comment that started our discussion: intellectual property is NOT THE SAME THING AS PROPERTY.
This is not just a fine print of the law, this is a fundamental difference between how ownership works, and how copyright works: you can't truly *own* a piece of content. You can have special licences, that give you the monopoly to sell it's copies. You can have the right to ban it's imitators. You can have the right to arrest people who watch it without your permission. You can have the right to keep these special licenses for 25, 35, 50, 70, 95, or 110 years.
While at the same time, the consumers and the public have their own related rights through the many limitations and exceptions to copyright [http://en.wikipedia.org/wiki/Limitations_and_exceptions_to_copyright], that grant them access to content that other people have financial interest in, in the name of freedom of speech and usr rights.
Because even though publishers have "a right to economic benefits", that doesn't mean that they have an absolute right to every imaginable benefit of a piece of content. Because they don't really *own* the content, they only have a major interest in it, along with many others.
The belief that copyright law as it is written right now goes too far, and grants one too many rights to IP holders, (the right to control individuals' non-commercial filesharing), doesn't translate to wanting to "take away their property" from artists, it's about wanting to change the exact set of special monopoly licenses that artists control, for another one that would have a larger emphasis on freedom of speech and user rights.
Likewise, you might have your negative opinion about someone going ahead of the law and making copies that are illegal right now, but it's not analogous to theft, any more than liberalizing copyright is analogous to legalizing theft.