JEBWrench said:
People have convinced themselves that when there is no physical media being stolen, it's not really stealing.
And they're right. It's copying. When someone 'steals' your 'intellectual property', you still have it. When someone steals your cattle, you do not.
Laws against theft have two functions: to promote production and to limit harm. Laws regarding copyright infringement have only one function: to promote production. Copying is, in itself, an act without any clear harm. Whereas I can steal your hamburger and prevent you from eating, or hijack a shipment of flour and prevent a town from having bread, I cannot prevent you from hearing your own music by humming the same tune to myself or performing it for an audience. If hamburgers and cattle worked the same way, no one would give a shit about copying hamburgers. They certainly wouldn't call it
theft. (And we needn't negotiate with the descendants of John Montagu, 4th Earl of Sandwich for the right to make, sell, or eat sandwiches and burgers.) When I steal your silver spoon, you no longer have it. When I copy your idea, you still do have it. The effect on you is as if I hadn't done anything whatsoever-- except modify the sale value of a non-scarce item. Copying is not stealing except by analogy. But many things are many other things by analogy.
We should go back to the patronage system: let rich people pay for the opinions of self-important bloviators, game developers, musicians and journalists, and let it be public domain after first sale. The merit of an idea has nothing to do with the size of the population, but compensation for ideas, as they stand in an ideal-typical world of perfectly enforceable copyrights (and even in the real world), is a function with population as a term. Starcraft is just about as fun a game in a world with six hundred as a world with six billion people. But in a world of six hundred such a game wouldn't even break even, let alone make profit. With around six billion, it's a wild success. Even poor intellectual produce which one should be embarrassed to have made can be profitable in a world with such a large population: the Twilight series for example.
Copyright isn't about just compensation nor is it really about ownership. What it is about is contriving a way for markets to reward the producers of ideas in some proportion to the popularity of their ideas' consumption. This should not be confused with a moral concern, it is only a practical policy concern. We use it only because there is no more impartial or fair a way of rewarding producers of ideas that we know of. Speaking of ideas, take the example of patents, which are illustrative of what I'm talking about: if you invent something and patent it, but don't try to sell it, the patent is usually void-- which is to say that you don't really own it-- it is a monopoly granted only with the acceptance of certain conditions. It is something which you are said to 'own' only conditionally; you have the right only if the invention is of sufficient merit that people want to buy it, and only if you make it for those people.