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by TomasBM 64 days ago
While I also find various approaches and reasons behind IP governance dumb, copying IP is piracy. In practice, copying some things is unlawful, regardless if we think it shouldn't be or if piracy once only referred to naval burglary.

If you copy a book in a bookstore, or leave a perfect synthetic copy of a natural diamond you take, you'll likely be charged with something. Digitally, that's much a clearer legal charge because copying is easier. So, neither is theft, but that doesn't make it lawful either.

There are valid reasons for enforcing IP rights digitally, because "all content should always be free" doesn't pay the bills when all you (can or want to) do is produce content. No existing society agrees that content producers should be subsidized, so in a society dependent on "earn for yourself", content producers shouldn't be punished.

But the punishment does exceed the severity of the "crime" by a lot, I agree.

2 comments

Piracy started as a term directly related to theft. Its use in the modern age for copying is also an attempt to frame the activity as theft, even though there is no action that can reasonably described as theft. Copying leaves the original right where it was, so no theft has taken place. I'm not saying that violating copyright is OK, just that the terms we are using to describe the wrongness are willfully dishonest. The punishments are also not fit for the crime, but that's another matter entirely.
Look, I'm not even claiming that piracy is a good term for it, or that the association between theft and copying wasn't pushed in pro-IP campaigns. But for the past 20 (or 30?) years, piracy has been the word everyone uses for this type of activity.

My point is: even if you changed the word, and explained the difference to everyone who couldn't distinguish between (A) literal theft of a physical object, and (B) a replication of some sequences of binaries, you're still not addressing the real question.

And the real question is: Why shouldn't an author have an option to protect their IP, physically or digitally? What's the difference between copying a physical book and a digital book without author's approval, from the point-of-view of an author trying to get paid for every copy?

I'm personally a fan of alternatives to IP-based earnings and earning enforcement, but I don't see how that helps any author trying to make a living from their content in the world where there are very few alternatives.

My imperfect solution would be to implement some sort of compulsory licensing system that lets people copy at will for reasonable prices, and comes with a more sensible penalty system for violators. People should get paid for their work, but the system we have for that now sucks for everyone but the middlemen / IP squatters.
I'm pretty sure piracy also includes threats to phisical security by the pirates. No such thing here. Let's not dilute the meaning of the word.