Naaah. If you're doing it for profit, and running a big duplicator farm or selling things online, it can make sense for it to be a criminal offense. But the laws are not crafted that well.
Says your own novel legal theory, which has as much basis as trying to tell the cop that's pulled me over that I'm a sovereign citizen.
> They should repay the damaged counterpart if they can prove they had a sales contract in place.
We give monopolies on copying to encourage production of high quality yet easily-copyable work. If someone can just immediately start selling the good without any of the production costs, that's no bueno for society. It's the free-rider problem.
Uuh. Free software would be to differ. Commoditization of intellectual property enable people to do useful productive work as a hobby. And everyone gets encouraged to work with the strongest stream collaboratively.
Free software is one option that is enabled by current copyright. In many cases, there's sufficient incentive ("fame" or marketing, lowered shared maintenance burdens, etc) to make it happen. I have a ton of diff that I've gotten into free software and have had maintainer roles and lead projects.
But I don't exactly think you're going to make a blockbuster movie or AAA game as free software. Some things cost money in a way that any other incentives aren't going to pay it back.
They should repay the damaged counterpart if they can prove they had a sales contract in place.