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"Intellectual Property" a Violation of Real Property

Posted by Libervis on · 158 comments
Libervis.com; By Daniel Memenode
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Pretending that ownership of software is possible and thus trying to enforce this ownership (as copyright and patent laws do) actually leads us to violations of actual physical property.

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Comments (158)

Couldn't agree more.

108 earlier comments in the full thread.

Bob -

You misrepresent both copyright and patent to suit your purposes.

First, you cannot copyright ideas, only creative works. If I make a rake similar to yours, I will get up leaves with efficiency similar to yours. If some non-functional aspect of your rake's is distinctive and inventive in a way that can be copyrighted, I might have to alter my rake a bit, but I will have no problem raking my yard. That's because purely functional things are not subject to copyright. Anything that is intrinsic to the idea of a rake is up for grabs.

You also cannot patent an idea, only implementations that embody the idea. That's why you can often work around a patent. At any rate, patents have much higher standards than copyrights, and -- more important -- much short lifespans. With some exceptions, patented implementations go into the public domain 20 years after the patent application is filed. By contrast, trade secrets need never reach the public domain.

>My position is one of respect for the individual and their property.

So long as you get to decide what property is and whether the individual has the practical power to stop you.
Hk, > So basically because Alice produces 'scarce' information (scarce because it didn't exist before) which cannon be labeled as property and therefore it's easy to copy she is screwed.

Screwed how?

She has something, it's unique and in demand. It's up to her to sell it for a price she is satisfied with.

If she's not satisfied, then don't sell it.

> If I put efforts into the creation of information,

The fallacy of the labor theory of value.

It doesn't matter how hard you work on something, it's value is only measurable by how much you can get for it.

> That's not a world in which I'm encouraged to create information. That's a world in which I'm encouraged to copy lots for free and claim the prize, while others paid for their 'genuine' lots and cannot claim their price.

You're reversing facts. Copy WHAT? What are you going to copy if no one is getting what they think their ideas are worth, and therefore not producing anything?

Do you really think that "stuff" magically appears? No. Creation is hard work, and a creator deserves whatever they can get for their creation.

I'm not going to "take" someone's mental production any more than I would "take" their wallet.

Dino, > You misrepresent both copyright and patent to suit your purposes.

They are indeed difficult to keep perfectly straight, but again you're making a statement about my motivations that is untrue. Please try to address the facts, and please also correct my errors if you see them.

Lawyering is a skill. That's one reason I'm not a lawyer. If you're interested in hearing a lawyer talk about this subject, I suggest:

http://www.youtube.com/watch?v=GZgLJkj6m0A

The problem being that telling people to go see this or read that is kind of distracting. You want your answer NOW.

> So long as you get to decide what property is and whether the individual has the practical power to stop you.

Again with the ad-homonim. Please, Dino, stop.

I am not deciding what is and is not property. Yes, another long list of books comes to mind. It still comes down to what I have already said many times. The idea of "property" comes from the need to deal with scarce resources. Information itself is not a scarce resource. The media is, thus Libervis' assertions on the subject.

It's been DEFINED as property, sometimes, in convoluted, arbitrary terms, some ways limited and some ways unlimited, subject to change without notice, by statute law.

So can you tell me how YOU define property?
Bob -

The only time my definition of property matters is when it provides some sort of extra-legal protection. Ie, I have a legal right to take something, but morality and/or decency causes me to respect a claim without regard to its legal merits.

Otherwise, the society I live in defines property by its laws. I can try to change the laws, I can even break the laws (so long as I am willing to accept the consequences of my actions). What I can't do is operate in the absence of the laws.
Quoting:Since that's effectively the world we have today with copyright, I fail to see how that's a valid argument for copyright.


Yeah, that would be my conclusion. I don't like the term IP because I agree information cannot be property, a bit like Daniel states. And I don't like the current copyright and patent system. But what Daniel is saying in the article this thread is about - and his follow-up (not published on LXer because our TOS-issues) he tries to convince his reader the problems would be gone if there were no copyright. I don't agree, this solves some issues and make other worse.

So I'm all for limiting the copyright and patent system, but also I feel 'reward' has to match the 'effort'.

Quoting:It doesn't matter how hard you work on something, it's value is only measurable by how much you can get for it.


OK, your opinion explains a lot about your other statements (wish you'd have started with that!), though I don't share it.

Quoting:t's up to her to sell it for a price she is satisfied with.


The example deals with Alice unable to sell it for a price she is satisfied with because Bob and Eve just distributed it to the whole world for free. Which leads me to believe Alice cannot get any price for her information at all, and A is screwed.

Quoting:So can you tell me how YOU define property?


Been trying so on Daniels blog. I noticed you were in the comments too.

The basic disagreement was if information can exist without a medium (I say it can, because insipiration - the thing which leads to information - doesn't come from anything physical) and if consciousness is material or not (I say it isn't). That's a religious debate, and would probably derail our discussion. Suffice to say I feel property is a result of a social phenomenon while Daniel insists on a physical model of property, which I think is doomed to fail. My 'social' explanation of property has severe weaknesses too, so it's not a full answer either. So though I tried, I'm not there yet.

Quoting:The problem being that telling people to go see this or read that is kind of distracting. You want your answer NOW.


Believe it or not, but I've been reading on Mises because you were the one who pointed to it. Not all of it you linked too, that was just too many, and some of it was plain business-lobbying (thinktanks and the like - sorry, I don't buy their cr@p), but still interesting though.

Now I'm going to watch the lawyer on Youtube - provided the cron deamon does'n issue the shutdown command when it's time to sleep.

Bob, thanks for the discussion, I've the idea I finally start to see the fundamentals behind your opinions - so I'm pretty much done questioning your arguments now I'm satisfied with the answers. Took me some time, but hey, I'm learning!
The Youtube / Mises video is 1 hour long, and that's indeed too long considered there are other things which deserve my attention. I'm sorry I have to ask, but which 10 minutes are most interesting?
Ok so disagreeing with Bob is a personal attack. So never mind.

Dino, Libervis' premise is primitive: intellectual works are not physical works so they have no value, not like real property that can be touched, smelled, eaten, shat upon, and so on. (Yes, I'm thinking of monkeys going ninja on the Mona Lisa or anything else they can't eat and don't understand.) It's a bogus premise, but as long as he sticks to that this is an impossible discussion.
TC, > Ok so disagreeing with Bob is a personal attack. So never mind.

Only when it's a personal attack. Hk seems to be able to do it without personal attacks or invective.

> intellectual works are not physical works so they have no value...It's a bogus premise

Indeed it is utterly bogus, since creation is a very valuable commodity and maybe the most scarce resource of all.

Hk, > but which 10 minutes are most interesting?

Sadly, all of them, so I guess it's moot.

> I've the idea I finally start to see the fundamentals behind your opinions - so I'm pretty much done questioning your arguments now I'm satisfied with the answers.

I appreciate that. It does come down to the definition of "property", which can differ greatly without disagreeing on what is or is not worthy goals.

Dino has decided that his definition is whatever the law says it is, TC also seems to run in this direction, so because the definition I'm using undermines the justifications for those same laws, then the definition is wrong. Looking at it from the other direction, it's the law that's wrong.

> The example deals with Alice unable to sell it for a price she is satisfied with because Bob and Eve just distributed it to the whole world for free. Which leads me to believe Alice cannot get any price for her information at all, and A is screwed.

But your logic doesn't follow. How did Bob get it if Alice never sold it?

The copying cannot happen if Alice didn't get the price she wanted for it, because then it would not exist.

> > It doesn't matter how hard you work on something, it's value is only measurable by how much you can get for it. > > OK, your opinion explains a lot about your other statements (wish you'd have started with that!), though I don't share it.

To take it to "argumentum ad absurdum", imagine I spend several years piling my fingernail trimmings into a huge pile. I have worked exceptionally hard doing this, eating well for the highest quality nail trimmings, using only the best trimmers, spending huge effort to keep it all in a clean pile, etc.

Is it worth anything? Is it valuable to anyone else just because I worked so very hard producing it? This is the error of the labor theory of value.

Or "house mix" music. Pointless repetition, not valuable at all to me. Worthless, in fact, since I don't want it.

Is it possible for you to explain how you disagree with that?
Quoting:Or "house mix" music. Pointless repetition, not valuable at all to me. Worthless, in fact, since I don't want it.

Is it possible for you to explain how you disagree with that?


The market determines value. Since there is a market for House music and people are willing to pay for it then it has value.

Quoting:Dino has decided that his definition is whatever the law says it is, TC also seems to run in this direction, so because the definition I'm using undermines the justifications for those same laws, then the definition is wrong. Looking at it from the other direction, it's the law that's wrong.


Property rights are, indeed, defined by laws. You can work to change the law but in the interim the law does, in point of fact, determine what is and is not legally property.

As always, I am very glad I live in a society governed by law.
> The market determines value. Since there is a market for House music and people are willing to pay for it then it has value.

Exactly. Since Hk said, "though I don't share it", I am left to wonder by what other method he assigns or determines value.

Edited For Content, mea culpa: Funny, you never hit me as someone who would oppose various measures that violate the premise that "The market determines value."

> law does, in point of fact, determine what is and is not legally property.

I've never said anything to the contrary. I cannot imagine "legal property" being defined any other way than "legally".

> I am very glad I live in a society governed by law.

If only that were true! Sadly, human society remains ruled by humans who make up laws as they go along.
Quoting:Funny, you never hit me as someone who would oppose minimum wage laws and such since they violate the premise that "The market determines value."


Don't put words in my mouth. Labor laws, including the minimum wage, are an example where the market fails the people and the government should and does step in. Every successful economy in democratic nations is a blend of capitalism and socialism. Neither, in isolation, has ever been successful. It is the blending of the two that always works.

Quoting:Sadly, human society remains ruled by humans who make up laws as they go along.


So long as we learn from our mistakes and improve the laws as we go along I'm fine with that. Look at the U.S. Constitution as an example. Many of the freedoms we take for granted were really only guaranteed to white, male, Christian land owners. The legislature, through the amendment process, and the courts have expanded those freedoms greatly over the last 218 years. Law is an evolutionary process. Yes, that includes intellectual property law which needs to be adjusted to new, changing and evolving technologies.
Bob -

A true libertarian knows that the true measure of value is what somebody is willing to pay. The fact that you don't like house music id meaningless to its value so long as somebody else likes it enough to buy it. However, if self-righteous "revolutionaries" decide that they don't have to honor any property that doesn't meet their personal definition, value has no meaning beyond the very low bar of "Is it worth stealing?"
> are an example where the market fails

Sadly, because power rests with those who wish to regulate, the fact that every so-called "market failure" has been the result of regulation tends not to be taught in government schools. I could give you a list of articles and books, but I doubt you have time for all that. Nor would you appreciate the URLs.

You could give me your source materials, please.

> Neither, in isolation, has ever been successful.

While I agree that complete socialism, when tried, has always bombed utterly and quickly, the same cannot be said of liberty. Those places and times and industries where it has existed have been quite successful indeed. The greater the freedom from regulation, the greater the success. The computer you are reading this on, and the network you use to reach this server are wonderful cases in point.

I don't disagree that regulation exists, that the "blend", often referred to as the "third way", is very much the rule. Only that everyone being sick does not make being sick the best way to be.

> Law is an evolutionary process.

Indeed. It is my fervent hope that, like serfdom, chattel slavery and debter's prison, time eventually leaves grants of Letters Patent behind as well.

> A true libertarian knows that the true measure of value is what somebody is willing to pay.

Yes? Where have I ever said differently?

> However, if self-righteous "revolutionaries" decide that they don't have to honor any property that doesn't meet their personal definition, value has no meaning beyond the very low bar of "Is it worth stealing?"

Fascinating. So by pointing out the problems with, and opposition to, copyright, I'm now to be associated with "self-righteous "revolutionaries""?

You could use the advice of Caitlyn above and stop putting words in other people's mouths. Not once have I advocated the violation of copyright.

Not once.

Merely its repeal, as the violation of reason and property rights that it is, based upon the abuses that those who profit from it have foisted upon everyone else, and its effects to destroy the very principles upon which it was justified.

Like all "market failures", it is the regulation that has failed.
If I were to continue this debate I'd be as guilty of TOS violations as Bob is. My last post probably should be deleted as well.

Bob, let me just say this: you're insane and so are your ideas.
> ...every so-called "market failure" ...

Bob, she said "the market fails the people", not market failure. Those aren't the same thing. And in that usage, she is absolutely correct. The market has not produced an outcome "the people" consider acceptable, even if those involved in the transaction do. That is not a market failure, but is is "the market failing the people".

What that position has to do with individual freedom to choose any particular transaction (say, to use free software), and it's long term effects wrt to the same, as left as an exercise for the reader.
Bob -

I didn't call you anything.

Only you would know if you fit into that category, but -- I'd be surprised if you haven't met a few. I know I have.
> Bob, let me just say this: you're insane and so are your ideas.

Granted, I'm sure you're not the only one who thinks so.

At least I can cite my sources.

JD, > The market has not produced an outcome "the people" consider acceptable, even if those involved in the transaction do.

Which leads me to wonder who these "the people" are that can't mind their own business. Jeff Cooper coined a term for them: "polypragmatoi".

Or is it that the polypragmatoi just rationalize demanding what they want, by saying it's for "the people"?

Dino, > I didn't call you anything.

I didn't say you did. I said "associated with".

And yes, I have met such people also, but they have all been of the young, inexperienced, impressionable type who would gladly expropriate any and all private property (of whatever sort, as long as it's someone else's) if it could be rationalized as being done for the equality of "the people". Again, as JD mentions, without really ever getting into just who "the people" are.

What surprises me, really, is the degree of emotional response to what is just an intellectual exercise. It's not like copyright is going to be repealed tomorrow even if everyone who has read this thread is instantly convinced by my and Libervis' arguments.
> Which leads me to wonder who these "the people" are that can't mind their own business.

If history is any guide, the vast majority. :(
OK Bob, I'll try about the labour / reward correlation:

It's some real life story, stuff that actually happens / happened the last decade.

We work at company A. Company A made stuff in our own country, but that became too 'expensive'. Some nice way of saying the whole bunch of work will be done outside the company by some other company B. Abroad off course.

Our R&D department, the one of company A made some designs (some implementations of them patented, most of it not). Then some company B (there's a whole pool of companies belonging to B actually) delivered the prototypes, and we tested them. Some of them multiple thousand times. When there were problems, R&D fixed it - our tried too. Leading the changed drawings to be sent to company Y, and the cycle starts over. Maybe five times or so. Important here is that company X decides on the requirements / dims for the products, and it's company X doing the efforts to reach the final design, tolerances and material specifications - the products which in practice are of a 'high quality', or at least considered so by our customers.

Then some months later, company B offers all products company A designed for only half of the price to every company E who wants to buy it.

We - the people at company A - didn't want to be in the Guiness Book of Records, otherwise we would have tried to have nails longer than 1m. We want to eat.

But given a company E who can buy some product for a price X from company A, or for a price X / 2 from company B, our products will be deemed too expensive. People will be fired at company A, the same people who devised the products from which company B is benefiting.

Given company B, if A is bankrupt it will search another A. That means B doesn't have to do any R&D, A does it for them.

In the current situation BTW, law doesn't usually solve this, and that's why some parties are calling for ACTA (considered IP abuse squared by lots of people, but maybe 'fixing' the issue above - referred to as 'piracy' by IP-lobbyists).

Now if I wasn't dependent on company A for my income, I may have cared less about this whole patent / copyright story. I like to leach a movie from time to time, given my belief most people in Hollywood have less need for the money then I do. But since I'm employed at company A, and because company A insists on 'restructuring' because of the crisis, but also because of leaching companies like B, I don't have a job because other companies B benefit from the labour I did. And then, life and opinions are all of the suddenly differently, basically because you are involved 'at first hand' in this whole IP saga.

So let's assume I created some 'abstract information'. Sure, we make some reports in MS Word (sigh...), those are on a harddisk, so there is some 'physical stuff'. But let me assure you, the physical stuff is worth nothing without the abstract data. The abstract data on the other hand, does have a value beyond the media, because I could transfer it through wires or the ether, or on paper and sent it by ship to company B to send them the information they need to make better products (note they will transform / transfer that information to configuration of production machines, after which the original medium with the information I produced being worthless again, so the value here is not in something physical!) - finally leading to more income of company A, needed so they can pay me in return for my efforts.

This leads me to the conclusion that R&D departments, musicians, writers, inventors, programmers - and maybe mathematicians - create abstract information which has a value beyond the medium. Even if it's not property, there is value - and even more, that value is independent of the actual physical medium. Contemplate two canvasses made by Picasso: One empty coming with Picasso's filled paint bottles he never used, and the other canvas with a painting on it: both have the same physical 'value', but due to the 'information' one of them has more value.

Now let's say I'm the mathematician and work at a University which pays me to produce the information, then I don't care about IP because the University pays me and I can eat. Or I win a prize, receive government funding, or I am paid to write an article, I still can eat. That's why all 'scientific information' is open source: Because scientists at universities can eat. Whether there are IP-laws or not, and whether there's demand for their information or not. And that's a good thing: saying something is only as worth as someone wants to pay for it clearly shows to be untrue here. People didn't want to pay anything for van Goghs paintings, and also not for relativity theory when it was just devised. Luckily there were things beyond companies to pay Einstein and van Gogh (van Gogh wasn't payed half of the times, he directly received food BTW).

Or lets say company Q asks me to devise some product and I receive money in return, than I'm not bothered by IP, I can still eat. Even if Q goes bankrupt, I don't care.

Or lets say I work at company R and in the meantime I write a book about about my hobby, then I don't have to care about IP, because even if I don't sell my book company R still pays me and I can eat.

Or lets say I'm some 'locally' famous musician, then I don't care if some other less famous musician covers my work, because the cafes nearby will still pay me to perform. I still can eat.

So there are lots of situations where 'content creators' are not dependent on copyright or patents to earn from their work. However, when you spend some effort for maybe one year to write a book, and you hope in return for 'creating that content' you will rewarded and as a result you can eat, then there's a problem if there's no protection of your information / content.

True, it may be the case that you wrote utterly BS in one whole year, than indeed the lack of demand leads to lack of value. But if not, the publisher decides there is demand, then how to proceed? I can let the publisher B read my manuscript, but if they like it they can distribute it to E without rewarding me. Or I can ask them to pay before reading it, but because they have not read it they don't know if it's worth it, so they'll refuse.

So apart from the situations where content creators are lucky and they can eat even without protection from the law, there are certain cases where they spent efforts, and others copy and sell the information and the 'content creator' does get nothing in return. Because in practice companies - or persons - E are happy to buy it from B, while B got the content from A and A receives nothing, this shows there's actual value in what A produced because there's a demand from E. But because A can't forbid B to distribute it without A's permission, A is screwed and someone else (B) profits from the efforts done by A.
Hk, > The abstract data on the other hand, does have a value beyond the media...

You're not arguing with me on that point. That was Lib's idea.

> However, when you spend some effort for maybe one year to write a book, and you hope in return for 'creating that content' you will rewarded and as a result you can eat, then there's a problem if there's no protection of your information / content. Now THAT is the core of the disagreement.

First, it makes no difference what so ever if you worked on it for a year, spending vast quantities of your life and soul into it. It may very well be worthless to anyone but you.

And the reverse is true, too. You might come up with something in the blink of an eye and sell the idea for $millions.

Ever read J.R.R.Tolkien's _Leaf By Niggle_? Don't bother. An item, sales of which were entirely reputation-driven.

Seriously, all your examples are created to prove your point. I could bring up, again, the plastics company that didn't bother with patent. They made their profits by being first to market. In the year it took for the competition to do the same thing for less, they made very happy "monopoly" profits. Then at the end of that year, they dropped the product and moved on to the next product that someone was willing to pay for RIGHT NOW.

And that's really where every one of your examples falls through, because they depend upon people doing the same failed things again and again, and expecting a different result. As Caitlyn pointed out, "Law is an evolutionary process" (except in Alabama and Oklahoma where it's a Creation process, but that's not important right now). So is production. If what you're doing isn't working, then do something else.

Do the R&D in-house so it can't be copied before being first to market. Give away the product and sell service contracts like RedHat.

It's easy to see the "benefits" to those on the receiving end of focusing benefits while distributing costs through copyright and other IP regulations.

But even though they're harder to see, those costs EXIST. The problems of monopoly: decreased innovation; crushed competition; shoddy products and higher prices, all exist through the "monopoly" that is copyright just as it exists in any other artificially created monopoly.

No one before the breakup imagined (ok, no one that anyone but me in this thread listens to, citations on request) what communications might have been like without the monopoly grant that AT&T had. And there was some confusion after that monopoly was partially repealed. But look around now and see the vastly decreased costs, increased product offerings and innovation that has occurred since. It only happened because that monopoly was partially rolled back.

In the 20 years after the invention of the "Internet" that it was the monopoly of the Fed.Gov, again very little progress occurred. But it took only 2 years once the NSF dropped their control of who may connect (and their prohibition of commercial content) for anyone with a phone to be able to get connected if they wanted to. (in the US anyway)

If I had known just how fast innovation was going to be, I would have kept one of those Netcom disks as a keepsake for posterity.

Reality check

10 earlier comments in the full thread.

I disagree with literally EVERYTHING you've written here Libervis. I canot even find one word to agree with.

Quoting:That wasn't my argument. You're straw manning.


That was precisely your argument and you even reiterate it here.

Quoting:My argument has to do with the fact that software doesn't exist without the medium, that it is always tied to it. In fact the medium and the software are a single thing physically.


Once again, a specious argument and one that is demonstratively false. The software can be tied to any of a number of physical media. I can often get the same software in digital format, on CD, or directly downloaded and installed across the net without purchasing a distinct piece of physical media to hold the software exclusively. I can use existing, shared media. The ONLY thing being purchased is the software in that case, not the media at all.

Quoting:If software cannot exist without the media that means that any claim of ownership in reality must come down to a claim over the physical media.


Same specious and, IMHO, ridiculous argument repeated. I just pointed out that I can purchase the software without purchasing distinct media. The claim is strictly based on the software, not the media. That is, essentially, a definition of IP.

Quoting:Where exactly is this "intellectual property" of yours? Can you point to it without pointing to the media? Can you take it back from me if I supposedly "stole" it without taking my CD? Can you separate the two? Can you in any way get only the software distinct from the media?


IP can be in any of a number of places at once. It is not tied to a specific copy. If I write music which is copyrighted then the IP exists anyplace the music exists.

The answer to all your other questions is "yes". If I can compel you to erase the one given piece of music in my example from your hard drive I have taken back the stolen property without taking your media. I don't deny the media is yours. Let's put it another way. Let's say you rent an apartment from me. I own the physical building including the closets. If you store shoes in a closet I don't own the shoes; you do. I do still own the closet. Similarly I may own the song which you stole without owning the storage media which is essentially the same as the closet. As such the two can be most certainly separated from one another.

Quoting:If not, and I can guarantee you that you cannot since it's utterly impossible, then this ownership is ownership of nothing.


It's not impossible at all as I have already demonstrated.

Quoting:Individual agreements still matter. What changes is that you can't criminalize people who had nothing to do with *you*.


Actually no individual has the power to criminalize anyone regardless of the law involved. That can only be done by lawmakers and enforced by courts. Another specious argument.
Quoting:Actually no individual has the power to criminalize anyone regardless of the law involved.


Tut, tut! Don't go clouding the issue with fact.
Quoting:My argument has to do with the fact that software doesn't exist without the medium, that it is always tied to it. In fact the medium and the software are a single thing physically.


You're like the people who confuse numbers with digits.

Numbers are abstract beings that just are. Digits are the medium you're talking about. "10" is not a number; its a sequence of digits that requires a crapton of assumptions for us to believe that it "is" a "number". It might not even be "ten", depending on another set of assumptions, like the default base.

My point here is that our inability to use numbers without a medium[1] is not an inherent property of numbers - it's a limitation of our faulty selves. Numbers are perfect; we're imperfect. [Do I sound like Plato already?]

[1] It depends on whether our thoughts are a medium too. When I think of numbers, I think of numbers, not digits; likewise when I'm programming, I'm manipulating abstract beings that later have to be translated to my lagnuage of choice - and it's always a narrowing conversion, due to unavoidable limitations of the medium.
Quoting:I disagree with literally EVERYTHING you've written here Libervis. I canot even find one word to agree with.


Now that's just being emotional and extremely hyperbolic.

Quoting:Once again, a specious argument and one that is demonstratively false. The software can be tied to any of a number of physical media.


But not to no media at all. Since media is physical it is inevitably somebody's property that is being used.

Quoting: I can often get the same software in digital format, on CD, or directly downloaded and installed across the net without purchasing a distinct piece of physical media to hold the software exclusively.


But all of these other forms of media are physical too. You said it yourself after all; "the software can be tied to any number of physical media". My argument doesn't depend on there being a single program on a single CD, only that software cannot be without any physical media at all.

Direct download uses somebody's own server and your own computer in the process. Thus the agreement must be between you and the server owner (or the one to whom server space was rented) regarding this particular use of your properties.

Quoting:Same specious and, IMHO, ridiculous argument repeated. I just pointed out that I can purchase the software without purchasing distinct media. The claim is strictly based on the software, not the media. That is, essentially, a definition of IP.


Yeah you did, and still agreed with me that it requires physical media, just different kinds of physical media. You did nothing to my argument since it still stands that a claim of ownership of software comes down to a claim of ownership or exclusive rights over a medium on which it resides, regardless of what it is.

I know IP claims are strictly based on software. That's the problem. You badly want to see software as distinct, as if it could exist on its own, but it doesn't compute in reality.

Quoting: IP can be in any of a number of places at once. It is not tied to a specific copy. If I write music which is copyrighted then the IP exists anyplace the music exists.


You mean any physical media whose properties (like dents on a CD) cause the reproductor to produce the same sounds? Right.

Quoting:The answer to all your other questions is "yes". If I can compel you to erase the one given piece of music in my example from your hard drive I have taken back the stolen property without taking your media.


Doesn't matter. By compelling me you've already violated my property. If I own the hard drive then I get to decide what I will or will not do with it, not you. You apparently have to violate my property in order to exercise your own supposed "intellectual property". It's not like I had something that is yours in my house and you came and took it back. It's like you saw a house painted by a specific pattern of colors which you claim as your "intellectual property" and then forced me to repaint my own house because of it.

There's no fundamental difference except instead of forcing me to repaint my house you're forcing me to change the arrangements of dents or electromagnetic charges (or whatever is the method HD's use to store data) on my own HD. It's my house and my HD and my having it repainted that way or having this program on HD has nothing to do with you whatsoever except if, as I already explained, I actually got the coloring idea or a program from you and agreed to certain terms before you used your own brain or your own computer or server to convey it to me.

Quoting:I don't deny the media is yours.


Obviously you do given that you give yourself the right to dictate what I may or may not do with it even if the two of us didn't have an agreement.

Quoting:Let's put it another way. Let's say you rent an apartment from me. I own the physical building including the closets. If you store shoes in a closet I don't own the shoes; you do. I do still own the closet. Similarly I may own the song which you stole without owning the storage media which is essentially the same as the closet. As such the two can be most certainly separated from one another.


Like I pointed out with a house example this is not at all what "intellectual property" represents. Shoes are separate from the closet and the building. Your song isn't separate from the CD. It is reproducible only because the CD is in a specific physical state with a specific arrangements of dents. You can't take those dents back.

If your example were to be a true representation of "intellectual property" you would have to be able to indeed separate those dents, "the song", from the CD and take it home just as you're separating the shoes from the closet. That of course is impossible.

Quoting:It's not impossible at all as I have already demonstrated.


Your "demonstration" only helps strengthen my argument since it illustrates just how disconnected your concept of intellectual property is from reality.

Quoting:Actually no individual has the power to criminalize anyone regardless of the law involved. That can only be done by lawmakers and enforced by courts. Another specious argument.


Would you be happy if I restated it by saying that without "intellectual property" laws, "the law" wouldn't criminalize people who had nothing to do with you?

Btw, you're repeating that word "specious" as if it's a magical word and an argument onto itself rather than a useless sound bite thrown out as a knee jerk reaction to the "he *must* be so wrong even if he sounds right" feeling.

Cheers
Jezuch, that sounds like using one abstract concept to describe another. Ultimately you need to demonstrate the exact relation of that concept to something physical it's supposed to represent, something scientifically observable and measurable.

In which case I don't see how this "digit" ultimately represents anything other than a specific property of a medium or an individual thing. If I understand correctly, if you see 10 bricks on the floor the "number" is 10 as a concept representing all of these bricks at the same time whereas a "digit" would represent a single brick?

In that case it's basically like zooming in to a CD to consider a single dent representing a single "1" in a binary system. You still had to have the bricks and you still had to have a CD. You still couldn't point to IT as if IT existed by itself.

Also, I wouldn't quite say that thoughts are a medium, but I would say the brain is a medium. But it's another case of one not being able to exist without the other. You wouldn't have a thought to begin with if neuron's didn't fire to cause specific energy patterns. Without these measurable energy patterns you wouldn't have any thoughts or ideas for that matter. This is why I say that If you consider software as distinct from the storage media or memory in which it remains you're essentially using one medium, your brain, to conceptualize the arrangements within another".
I wasn't being hyperbolic or emotional. I was describing how I see your ridiculous response to me and pretty much your ridiculous article as well.

Quoting:But not to no media at all. Since media is physical it is inevitably somebody's property that is being used.


Irrelevant. The point you are ignoring is that no specific media is required. You are only purchasing the software and you do not need to buy media to purchase the software. It is your choice what to put on media you already own and purchased separately.

Quoting:By compelling me you've already violated my property. If I own the hard drive then I get to decide what I will or will not do with it, not you.


Nonsense. Going back to the closet analogy (which is valid, IMNSHO), if you use that closet to store stolen property you can be arrested and the property confiscated. Using your hard drive to store stolen software/music/movies/etc... is precisely the same thing.

Indeed, your entire article is a thinly veiled justification of theft.

My main point, which you conveniently ignored, is that blank media has little or no intrinsic value. The real value is the software, the intellectual property, so that is where the law, quite rightly, places the greatest need for protection from theft.

Quoting:Your "demonstration" only helps strengthen my argument since it illustrates just how disconnected your concept of intellectual property is from reality.


I'm the one disconnected from reality? I think not. This is why it's impossible to argue with an idealog. Facts that contradict your libertarian ideology are summarilly ignored or dismissed. You can say "black is really white" all day long, say it in different ways, and repeat yourself ad infinitum. That won't ever make it so.

Attacking my language and dismissing it as sound bites helps you avoid actually understanding or arguing against the points I've made. When you can't successfully argue against the message you attack the messenger. Nice.
> your entire article is a thinly veiled justification of theft.

Theft:1 a : the act of stealing; specifically : the felonious taking and removing of personal property with intent to deprive the rightful owner of it.

What, specifically, was stolen?
Theft of intellectual property is slightly different from your definition. What you are denying to the rightful owner is a royalty or fee which he is entitled to under the law when you take/use his or her software/music/movie/etc... Under US law (and that of the EU and most if not all Western countries) that does constitute theft.
> What you are denying to the rightful owner is a royalty or fee

So someone else has a prior claim to my money? That does sound like theft, but theft from me.

> Under US law...

Yes. I understand that the LAW creates the crime. What I am asking is what was taken. What was deprived, what was removed.

By "law" I may not drive 100 mph. Yet if I do, having harmed no one, where is the crime?
Nobody has "prior claim to your money." They only have a claim if you take something that belongs to them, something that they created and have a right to control.

The potential for you to harm or kill someone by driving at 100MPH is quite great. That is an example of preventing injury or death and protecting the citizenry, a proper role for government.
> The potential for you to harm or kill someone by driving at 100MPH is quite great.

Not if there's no one else around.

> That is an example of preventing injury or death and protecting the citizenry, a proper role for government.

Whether a proper role or not, it's well established that the federal government has no such authority or responsibility, at least not for the individual citizen. The Constitutional role in the US is "to promote the general welfare", which is in the preamble. Of course, speed limits are theoretically (though not in practice) a state matter and local matter, not a federal one; which muddies the water considerably.
> Nobody has "prior claim to your money."

But you just said that if I give Bill $1 for that disk, I've stolen from Jim. I haven't taken anything from Jim, he's not involved.

If I don't give Bill $1 for the disk, somehow I have not stolen from Jim.

How can Jim have a prior claim to my $1?

> The potential for you to harm or kill someone by driving at 100MPH is quite great.

I live on a dead-end in a very residential neighborhood. Driving at 30mph through here, which BTW is 5mph below the "legal" speed limit, has far, far more potential to harm or kill someone than there ever was where I've driven 100mph+.

That's the problem with all this statute law. It absolves people from being responsible for their own actions. They act surprised when people get hurt no matter how many laws they obey.

> The Constitutional role in the US is "to promote the general welfare", which is in the preamble.

If the writings of the people who wrote that preamble mean anything, they wrote the preamble in order to set the attitude by which the rest of the document was written.

So "to promote the general welfare" is why these specific and limited powers are granted, and no more. It's the same phrasing structure as the 2nd Amendment.

Going back and using "promote the general welfare" in order to justify greater powers is a reversal of the logical flow, the same as saying that only people who are in the military have a "right" to keep and bear arms.

No matter how much of a turd Hamilton turned out to be, his Federalist Papers make great reading. Too bad he turned around and used them as a blueprint of exactly the abuses he would end up fostering!

So yeah, being governments of "general" powers, the States themselves could impose speed limits, as restrained (or un-) by their own constitutions. But the Feds, being a government of "enumerated" powers, can't. Not that that has ever stopped them...
Way into TOS violation territory now and way distant from the original article. Of course, publishing this article was a TOS violation waiting to happen.
> Of course, publishing this article was a TOS violation waiting to happen.

Something on which we completely agree.
> Way into TOS violation territory now and way distant from the original article. Of course, publishing this article was a TOS violation waiting to happen.

True. There's no way to separate copyright, patents, and trademarks from politics.
Quoting:In fact the medium and the software are a single thing physically.


You believe your consciousness and your head are the same thing physically? You think your consciousness can be explained 'physically'? Well, your consciousness is not made up of physical matter. So ideas who might be in your consciousness are neither. You see, ideas can exist without a physical medium.
Caitlyn, you're showing time and time again that you cannot be reasonably argued with. You brought no new points in your last reply to me, just repetition, and yet again brought "libertarianism" to it which was completely and utterly uncalled for. Apparently anything I say to you is ridiculous because you see a huge "libertarian" label on me even when I never even mention it.

And then, of course what else can I expect, you speak of TOS violations, after bringing politics into it yourself. Unfortunately this is far from the first time you do that cr@p.

To those who say copyright, patents and trademarks cannot be separate from politics, you might as well then just stop talking about licenses completely. No more talk about GPL. No more talk about Richard Stallman's crusades. No more talk about FSF's latest legal initiatives. No more talk about EU antitrust activities. If arguing against intellectual property is now banned on this site... well this is just utter and complete insanity.

I was talking about philosophy, both here and in the article, not politics. I never suggested what my political position was. Caitlyn brought it up first and now we're back to the derailing business.

You know, just great. Just effing great. Why the h*ll do I even bother EVER posting on these forums when I know that there are people just waiting to troll every discussion in which disagreeable points are brought in down, and nobody even flinches.

Frak this cr@p. Seriously. The stench of intellectual dishonesty here is just utterly unbearable and offensive.
I'm not responding anymore hkwint. If you want a civil debate better comment on my site because this troll happy place isn't for it apparently.

Meh.
Quoting:If you want a civil debate better comment on my site


Funny you mention that, because that was what I thought in first place: Maybe better discuss this elsewhere, than have yet another interesting exploration into the intrinsic properties of property deleted because some people (probably me too?) went too far.

Anyway Daniël, as always I'm glad to have been able to share my thoughts with you and vice versa. My thoughts and opinion are not coherent in any way and may change from week to week, but that's because I'm learning and trying to form an opinion.

Discussing if consciousness is related to matter BTW is a religious debate I'm afraid, and LXer is not the place for that, so let me apologize for yet another TOS-violation on my part.
Indeed. I'm glad for what good discussions we had as well, but I'm afraid this is it.

All this pigeon holing of topics into no-no categories whose definitions not even staff have consensus on and which are used by dishonest people to derail otherwise respectful debates just doesn't work. And I think I'm just about done giving it any more chances. To be fair then I'll also stop submitting my articles to this environment as well. Can't have any more potential "TOS violations" now can we?

You know the saying.. if you want something done right do it yourself. Enough said.

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