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by cturner 1462 days ago
The concept of property evolved independently in every civilisation that grew beyond a small tribe and predates the nation-state.

It exists to deal with the dynamics of scarce goods. If person a is using your wheelbarrow, then person b cannot use it as well. You can't raise cows on a piece of land, but also plant a crop of wheat there. This definition goes back thousands of years and is respected across cultures.

There is another practice that was respected across cultures for thousands of years: the free sharing and open remixing of songs, stories and ideas.

IP is a weaselly project to carry the advantages of property rights to non-scarce goods, and to things which were previously fiercely regarded as public domain. It creates a set of rights which did not previously exist and which created new benefits for people who were already elites.

"For IP, others selling copies would restrict your ability to sell copies as they undercut you." This does not follow from the argument you are making. Selling something is not a use of it. Carting things around in a wheelbarrow or playing a compact disk - these are examples of use.

Perhaps you bring some cultural bias to this conversation. Having grown up in a setting with IP, and having a career in a field where some people gain great advantage from IP, you have come to believe that it is reasonable to regard ideas as property.

But IP is an aberration, even in our time. It is not law in all places, it is not enforced well in the places where it is, and in those places people who are morally conscious and otherwise law-abiding routinely violate it.

IP is impractical to enforce equally, is inconsistent with the principle of live-and-let-live, it raises the barrier-of-entry to a range of industries, it grants extra privileges to existing elites, it is easily gamed by bad-faith actors, it is disrespected by the general population, it has at best a hand-wavey economic justification that is backed by no real evidence. IP is complicated when good laws are simple, and IP muddies the water for a concept that is a genuine foundation of our civilisation - property. IP fails all tests for what is reasonable law.

If the government were to say that black were white, this would not make it so. So it is with property.