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by 12907835202
990 days ago
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But the value of something is often its scarcity... The owner of Once Upon a Time in Shaolin by Wu Tang would be pretty mad if it was freely shared because it couldn't be bought or rented. Context from Wikipedia for those who don't know it: "Once Upon a Time in Shaolin is the seventh studio album by the American hip hop group Wu-Tang Clan. Only one physical copy of the album was created, with no ability to download or stream it digitally. Purchased directly from the Wu-Tang Clan in 2015, it became the most expensive work of music ever sold." You'd have to have special categories whereby quantities could be intentionally limited. But then Nintendo would presumably argue that they intended there to be a limited number of Wii's or Pokémon Red or whatever. |
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Wu-Tang Clan intended this to be a weird kind of performance art, so I won't judge them for this. However, this kind of artificial scarcity is absolute bullshit. The whole reason why we have copyright law is so that creative works are created and made widely available, not to create new asset classes for the ten-figures class to park money in.
Nintendo's argument wouldn't be that they only intended to make so many Wiis. Their argument would be that copyright is about control, they're entitled to control, and if you don't like it you can go fuck yourself[0]. To them, Once Upon a Time in Shaolin is just copyright maximalist extremism: yes, if we think we'll make more money selling one copy and denying the rest of the world access to the work, then it's our right, and anything less than our right is equivalent to setting loose a home-invading rapist[1].
[0] This is rhetorical, I do not actually intend for any commenters on HN to do that.
[1] https://en.wikipedia.org/wiki/Jack_Valenti#Valenti_on_new_te...