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by clnq 927 days ago
There are moral principles, and legal principles. Legally, you are right. But the moral perception of piracy is shifting, and broadly speaking, this entire debate is in the moral/philosophical realm.

Legal systems ultimately enshrine the human morality in law. Common law - through case law, civil law - by committees that the legislators consult, religious law - by morality described in legal texts. We're not talking about any of it though. We are talking about day-to-day things, like what does it mean to steal, what kind of consequences it has, are these consequences real or supposed, and other such things.

Law is generally blind to externalities of an action. An action itself is legal, illegal, or undefined in law. We're not in this domain if we talk about the consequences of piracy or how someone might feel about it. We are having a conversation on morals.

Shifting morals will eventually shift the law, of course.

1 comments

I completely agree with you. It’s shifting but we cannot consider it as already shifted. Some comments are going into this direction of the whole debate behind us and laws not applying anymore. Our feeling about it has changed but my country can still sue me if I make a copy without respecting the terms of the seller. Maybe tomorrow a global business model will emerge and the whole notion of possession will kind of disappear because everything will be a subscription. Or maybe we will pay a flat fee to whatever organization and use anything as much as we want and copies will be worthless because they won’t be sold individually anymore