Aardvaarkman said:
It clearly is property. I'm dumbfounded that this needs to be demonstrated, as it is obvious to anybody who is familiar with the modern world. Copyrights are bought and sold every day. Patents and trademarks can be worth billions of dollars. there are companies that exist just to own patents.
Pretty much every country in the world's legal system recognises intellectual property. Companies list their intellectual property as valuable assets of the company, that contributes to the worth of the company. For example, the Coa-Cola brand has significant value - even though the fizzy sugared water they sell is a generic product, having the Coca-Cola brand on it is very valuable and brings in a lot of money.
If copyrights, patents and trademarks can be bought and sold, and are considered valuable by the market, then how are they not property?
None of the statements that you have made are exclusive to property. Many abstract concepts, from skills, and political positions, to emotions, locations, or permissions can "have a value", even specifically a financial one, that can somehow be profited from. That doesn't mean that they are best described by property ownership.
Sure, holding a copyright has a value. So does having a driving license, being the Pope, having sex, or going to school.
Aardvaarkman said:
What's the "world of difference? The rights are the property. That's what "intellectual property" refers to - the rights. Just like mining rights are property.
"Intellectual property" refers to property, much in the same way as "character assassination" refers to assassinations, or "partial-birth abortion" refers to murdering babies that are more "born" than fetuses.
In other words, it doesn't. It's an informal terminology that has little to do with copyright's actual legal position as a government-granted monopoly.
Mining rights are not property.
Mines themselves can be property, but if you are thinking of the traditional exclusive government-granted monopolies on mining a material, those WERE also monopolies rather than properties, traditionally given away in similar royal Letters Patent as the first copyrights, and as what came to be known as patents.
Aardvaarkman said:
Entitled said:
The problem begins when they start to equalating "owning the copyright", with "owning the intellectual property", a.k.a. "owning the game", and claim that holding copyright regulations must come with every concievable aspect of control, because it is "their property", "their game".
But nobody's saying that. You've just misunderstood what "intellectual property means.
You are saying it right now. In one minute you are saying this:
You can't own ideas, even under current intellectual property laws. You can only own the expression of ideas, not the ideas themselves.
And also clarifying that what you call "property" is the publisher's outside control on copies:
Aardvaarkman said:
Entitled said:
If copyright would only extend to 14 years, a wide Fair Use permitting all derivative works, and legal non-commercial file-sharing, then copyright holders would still continue to "own the rights" granted to them in the remaining regulations.
Right. That's the property.
Then the next moment you are saying things like this:
Aardvaarkman said:
You really aren't making any sense, because the same logic can apply to intellectual property. Any harm caused by intellectual property is incidental to its status as property, and does not affect its existence. A book would still exist if it is considered property or not, just as a car would still exist regardless of its status as property. What's the difference?
You are constantly changing your argument. I never said that cars polluting had anything to do with their ownership status. I said that pollution and the exploitation of resources is integral to the existence of cars. That they cause harm to everybody - this was in response to your "swinging my fist" argument, to show that physical property has effects on people other than the owner. You were claiming this was a unique property of intellectual property.
In one paragraph, you have shifted back from IP being "the rights granted to controlling copies of a book" to the intellectual property being "a book" itself.
I said that copyright "exists by the virtue of being legally defined". Yet you seem to disprove that by pointing out that "the book" would continue to exist, which has nothing to do with what IP controls in the first place.
If I own a car, and then it stops being recognized as property, the car will stay there. It will be stolen from me more easily, sure, but even then it will stay with someone else.
If I "own a copyright", the monopolistic control known under this name exists by being legally defined. If it stops being defined, then I instantly stop owning it, and no one else owns it any more either. Copies of
the material that's creation it intended to encourage, might still be around, but the copyright monopoly itself not.
Cars can cause harm or benefit to the world by being objects.
Books can cause harm or benefit to the world by being objects.
Copyright monopolies cause harm or benefit to the world by being legally defined and enforced, and their definition as property changes how throughly they are expected to be enforced.
When videos that get taken down from youtube It isn't the games that can cause harm by putting too much of a limit to Freedom of Speech, but the related copyrights, the "intellectual property" that the games' producers claim to own next to the games themselves.
Aardvaarkman said:
What thing with the Youtube Let's Plays? Who was prevented from speaking?
The people whose videos were removed under the claims of the Digital Millenium Copyright Act's interpretation.
Aardvaarkman said:
Entitled said:
Because if that property wouldn't be legally secured, someone would control the mines and the sweatshops anyways, and over a long term, that control would still get codified as property.
And how is that not the case with intellectual property.
Because it is legal acceptation which makes copyright a thing. For example right now, copyright lasts 95 years, that's why you see 120 year works in the Public Domain, not owned or controlled by anyone. Just by not being the subject of a government monopoly, information is capable of being multiplied and accessed by anyone.
If property itself would last 95 years, it would still have to go into the singular possession of
someone, presumably the government.
Aardvaarkman said:
Entitled said:
For physical objects, it is in their nature to be possessed by someone.
No, it is not. Physical object just exist. They don't have any desire to be possessed or not. You are also projecting cultural values onto this. Not all cultures and society believe in individual ownership.
Entitled said:
In contrast, information is perfectly capable of being freely shared and copied in society, as it has been demonstrated by thousands of years of copyright-free systems.
Physical items are also perfectly capable of being freely shared and copied. And many cultures value expression over physical objects, and have rules about who is able to express certain things or disseminate information. It's been a pretty integral idea of major world religions.
You are taking that little antropomorphism too literally. I'm not saying that there is a consciousness behind objects, or that information literally "wants to be free".
But objects, being finite, rivalous materials that exist in space, have certain different ways of interacting with reality, than information, that is basically the abstract concept of people knowing stuff, and that multiplies by the act of people communicating with each other.
Societies can make
active efforts to take away, divide, redistribute, or criminalize ownership of objects, but they can't make them replicate in the same way as information.
And vice versa, they can actively interfere with speech to limit, censor, copyright, or manipulate the spread of information.
But they are different "by default", meaning that assuming no higher effort is made, objects tend to remain with someone possessing them, while information tends to get copied and spread out, by the virtue of working the way they work.
Aardvaarkman said:
Entitled said:
Property is a negative right, it mostly consists of governments acknowledging possession or control that individuals have gathered anyways, and secure it with laws and policing.
Copyright is a positive right, it's subject, the copying authority, exists by the virtue of being invented by the government,
No, they are both the same. Both only exist by the consensus of a society or government.
Free Public Education, and Freedom of Religion also both exist by the consensus of a society or government.
This doesn't change the fact that the former is a positive right, while the latter is a negative right.
ALL LAWS are based on subjective human morality, but regardless of that, there are some basic conceptual differences between rights that oblige action, and rights that oblige inaction.
And yes, how objects would behave and data would behave in natural state without laws, are sources of how these concepts can be legally treated in a way that makes sense.
Aardvaarkman said:
No, it did not. We have lost a lot of cultural and intellectual property due to things like cultural imperialism and genocide. Totalitarian regimes usually act very quickly to destroy cultures, art, and languages. Because they have a lot of value. People have fought to the death and sacrificed all of their physical property to save their cultures and ideals.
You are doing it again and mixing the copyright held over the information, with the actual material.
What cultural values we have lost due to censorship or vandalism, has nothing to do with the fact that copyright as a monopoly didn't exist, and didn't limit people's access to knowledge by any desperate need to compare itself to the scarcity of objects as possessions.
If you are mixing up copyright with the presence of cultural works, calling them interchargibly "Intellectual Property", then it could be said that we are losing more "Intellectual Property" due to "Intellectual Property" [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2290181], than due to any genocide.