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by jalapenos
298 days ago
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I think you want them to be meaningfully different, for whatever reason, but at the end of the day, they both come down to "if I did the thing you already did, and that you laid claim to through some form of artificial statutory fabrication of rights, you can sue me". Whether that means me exploiting having heard your song by playing your song myself, or exploiting your invention I examined by building it myself, they both come down to: statutory fabrication of fictitious "you can't do because they did already" rights, that at common law could have (rightly) only been achieved through keeping the thing a secret (e.g. still present to this day in say trading algorithms, and in software through the now ubiquitous SaaS model) and contacts (i.e. NDAs) flowing from that. |
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Blurring distinct laws and their nuanced purposes into some generic "I call dibs!" principle is exactly what the propaganda part is. Because that creates a kind blurry haze in people's minds that even fills gaps that none of the existing laws currently block out. So people will feel like "that just feels illegal, but I can't exactly say what it violates". A kind of FUD around doing all manners of free intellectual activity in society.