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by falcolas 1289 days ago
Cool! I'll change a few strings and sell it under a public license on Steam and itch.io and the Epic Game Store for 1€, under a slightly different name. Maybe SNKRF. Probably see if I can compile it for mobile and throw it up for free on the app stores with tons of ads.

The OC can spend their time on the updates, and I'll spend my time on marketing the new version. I'd probably want to report the original as a clone, because I can and it could help boost my own version's rankings. If the OC wants to fight that, it's his time, so cool.

And should the OC actually succeed in getting that clone off the store, the other 10 I've put up while they're busy fighting against the first clone can take its place easily enough.

After all, without IP - without copyright - it's mine to sell however I want to. Nobody can stop me, nobody can even really chastise me because nothing was taken and nothing was lost.

That copyright you're dismissing is worth a lot. It states that it is, indeed, the owners' work. It raises potential legal ownership issues with the compiled work (which isn't under the same license as the code) and store listings. Even if he's not actively using it, it's still busy protecting his work.

1 comments

Well, first, let's note that you can do all of those things now, legally. It's MIT licensed. If your argument is that without a strong intellectual property discipline in place, this would inevitably happen, your burden is to explain why this isn't happening.

Some potential arguments you might use are that it does happen, and will happen eventually to this project, that it's simply a matter of time. Another is that it currently isn't worth it for the amount of work you might put into doing this for this project, but as soon as it is worth something, it will be. Which implies in this case, the cost of all of this activity would not be covered by the return, even if you didn't have to pay the creator.

There's almost certainly a market efficiency in scaling up this packaging activity -- so that the original creator could give up some of his copyrights to pay someone to do the packaging, as long as that packager is doing it for lots and lots of other projects. That's how IP really works.

But in a world of explosive creative access -- where making copies, and creating works is extremely popular and hypercompetitive, the chances are that copyright as a sellable, alienable right isn't going to be the thing that pulls in the money for the artists. It's a thing that maybe you speculatively sell to that large-scale packager, that promoter, in a buyer's market, for a vanishingly small amount. Which makes the contrast between a world without copyright, and a world with, far less diabolically opposed. IP gets you a pittance, but for the vast majority of artists, it's not nearly enough. It may actually be kind of cruel to incentivize artists to produce with an endlessly drawn out false promise of IP riches.

Could we do better? Well, one thing is that we could stop what you're describing without an alienable right to copy, more like a system to prevent the kind of fraud or misrepresentation you describe. There are components of this in our existing creative incentive laws, but they're actually some of the least "property"-like attributes, and do not revolve around making copies -- moral authorship, some elements of trademark. But it involves a lot of work to try and reform our outlook to come out with policies that genuinely rewards artists and enables innovation. I don't see it arising from those praising current intellectual property models, and arguing for their expansion.

>Well, first, let's note that you can do all of those things now, legally. It's MIT licensed. If your argument is that without a strong intellectual property discipline in place, this would inevitably happen, your burden is to explain why this isn't happening.

Because you cherry-picked an example. This (separate publishing profiting from the same work) has been happening time and again to musicians and authors - even to those under copyright protection -- the only difference is that those have some legal recourse, and have been shutting down those alternate editions.