Entitled said:
badgersprite said:
Seriously, do you have to pay the author of a book every time you borrow a book from a library and read it? No, you don't, because that would be totally asinine and stupid. Intellectual property doesn't trump actual property rights.
If you own a book as your supposed "property", you can't just stick it into your photocopier that is also your own property, and use it to produce more property.
But that's what I'm saying. You can't do that because it does infringe copyright laws. You shouldn't be able to copy games either. I totally support that. That's copyright infringement. But, if you sell a copy of a book that you own to someone else, the fact that this book contains intellectual property that the new reader is going to get to experience for free does not prevent you from selling it, does it? Why should games be treated any differently?
IP is trumping actual property rights all the friggin' time.
I think you totally misunderstood my point, but okay.
If you own a café as our propety, and you have a CD player as your own property, you can't just stick your musc disc into it so all your customers can listen to the songs that you own, because that counts as a performance, and the RIAA would jail your ass for it.
That's a completely different issue than used games, especially in this scenario. And, actually, in a lot of countries, yes, you totally are legally entitled to put music from your CD on the speakers and play it in a store, because not every country has the totally insane laws that the United States has, so you're wrong on that front too. The US's example is not universal, nor should it be.
But, honestly, tell me straight and true, do you really think that the RIAA is a good example? Do you want video games to follow their example? Do you think their actions are fair? Do you think they did anything to help the music industry?
Intellectual property is not "a type of property", it's a monopoly. At it's very core, It means not that artists get to keep their belongings, but that artists (or more realistically, publishers) receive extra authority over controlling what other people are allowed to do with "their information". How to copy it, how to sell it, how to perform it, how to parody or imitate it, etc. In other words, to limit what they are allowed to do with their own body, and their physical property.
Yes. That's fair. That's why video games do have copyright protection. That's why you might have your video taken down if you upload a let's play on youtube. That's why it's piracy if you copy a game and distribute it for free. But I can sell a copy of a used game. There's nothing wrong with that. I can sell a license to someone to play that game. There's nothing wrong with that. In the same way, I can sell a film script. I can sell a play script. I can sell a book. I can sell the original reels to a film. If I possess these things, all these things can be sold. I cannot use that film script to produce a movie all on my own. This is what I mean when I said intellectual property was completely different from physical property, and that it does not trump your basic property rights to dispose or transfer it. The fact that intellectual property laws attach to all of these things does not in any way affect my ability to sell the original, physical copy.
Similarly, I have every right to give a legally owned copy of a disc to someone else and they have every right to play the game. If there are any fees that I had to pay to subscribe to that game and its services, the new owner now has to pay those fees.
The only reason why physical books were allowed to be re-sold to begin with, is because it was uncontrollable anyways, and as a matter of tradition, publishers stopped laying claim to it.
So you think libraries should be destroyed now that we can physically control books? Or maybe it's because our intellectual copyright laws are a product of the values of our time and individual freedom has been sacrificed on the altar of corporate greed?
But there is no fundamental, self-evident truth in what IP rights are supposed to be about. They are just a bunch of regulations. Positive rights, like the right to education, or to health care.
There is no solid objective reason why copyright needs to extend exactly as far as it does right now, limiting a number of property rights, but not others. It could be a lot less strict, banning what is now Fair Use, and Used Sales, and Public Domain, but it also could be a lot more liberal, lasting 15 years, or legalizing all non-commercial file-sharing, or the right to publish fanfiction, or whatever.
It's depending entirely on exactly how much monopolies society deemed necessary for industrial progress.
I agree with this entire section completely.
But the thing is that when you give these monopolistic corporations so much control and so much legal weight and power, I personally believe that you actually hamper progress. Instead of encouraging businesses like video game publishers to innovate and come up with new and dynamic business models that would revolutionise the industry and benefit everyone, you instead give them all these rights and powers to restrict what consumers can do that effectively compensates for their own failures and weaknesses.
I thought capitalism was supposed to be against that? I thought the idea of capitalism was that if you made good business decisions you would succeed and if you made bad ones you would fail. Instead of that, we now have a system where, if businesses aren't making enough money, competition doesn't inspire them to take brave risks or change the way they operate in order to survive, the law will actually take their side and force a broken system to remain in place and impose it upon consumers.
I don't think that's good for the industry either. They aren't willing to look for better solutions to increase revenue. Instead, they'll treat their own consumer base like an enemy that they need to rob of as much money as they can at gunpoint.