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by jlgreco 4679 days ago
Oh, I don't think it is a complete fiction either. Just for starters, something as simple as plagiarism is reviled with the law rarely being involved. We don't need the law to tell us that plagiarism is unacceptable.

What I do think is a fiction is trying to apply concepts meant for physical goods to ideas. Concepts like "theft", or being able to transfer ownership. It strikes me as the political/legal equivalent of what programmers do when they try to add a bit too much abstraction.

They saw a little bit of duplicated code about "ownership" and mistakenly though that the two concepts were probably related and rather interchangeable. As a result things become kludged with nothing working as well as it would if the concepts were left separate. Basically it is a botched attempt at optimizing for complexity.

1 comments

I agree that conflating physical and intellectual property is a problem. I think we need a different laws that reward intellectual work directly instead of doing it by creating artificial value, e.g. with DRM, patents, lawsuits, etc.