Libertarian inconsistency in intellectual property.

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Is copyright good or bad?
Copyrights should be respected and are a good idea; they should exist 67%  67%  [ 12 ]
Copyrights should not exist and should be ignored while they exist 6%  6%  [ 1 ]
Copyrights should be respected while they exist, but it would be best to work towards their abolition 11%  11%  [ 2 ]
Copyrights should exist for anything I produce, but ignored for anything I want to use 6%  6%  [ 1 ]
I don't care/other 11%  11%  [ 2 ]
Total votes : 18

monty
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08 Sep 2008, 3:39 am

chever wrote:
I have a question

There is a website I know that hosts music and has play lists where you can listen to some of their tracks

I examined the play lists and noticed that some of tracks had a numbering scheme, and after I downloaded the tracks from the play lists, I noticed that the numbered tracks showed a lot of 'gaps' in the collection. So for example, there was a track04.wma, but none of the others

Out of curiosity, I tried using wget to find the track01, track02, track03, etc. (Directory listing was disabled.) It worked, and now I'm hitting tons of content that wasn't explicitly hosted on the site

Maybe that's wrong or something?


I would say nothing wrong with this, as they are freely available URLs. That is not hacking deep into their system - you are using your computer to request files on theirs using a standard protocol. If they hang files up on the internet, and they intend for you to listen to some of them but not others, they need to take some responsibility and implement a system of access control.

But that is just my opinion. It might be a serious offense in Singapore, and standard business practice in China.



chever
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08 Sep 2008, 3:47 am

monty wrote:
But that is just my opinion. It might be a serious offense in Singapore, and standard business practice in China.


In Singapore, everything is an offense, including chewing gum. Although that's not such a bad idea considering open-mouthed chewing, which is altogether too common, irritates the piss out of me. Maybe they should allow reserved gum chewing and impose fines and possibly prison sentences for open-mouth chewers.

And, yeah, that sounds like standard practice in China. For an authoritarian state, China can be pretty cool sometimes


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Phagocyte
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08 Sep 2008, 5:19 am

Having just read Atlas Shrugged, I would naturally assume that the libertarian stance would be to protect copyrights and safeguard the creator's property, intellectual or otherwise.


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Fuzzy
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08 Sep 2008, 5:28 am

Because items are usually sold by a retailer, and may be several transactions away from the true owner of the intellectual property, people forget one thing:

Let the buyer beware? Let the seller beware too. The retailer has a duty(and a contract) to the property owner to not sell to anyone that will abuse the terms of service. But its wholly impractical(and not really desirable) for the retailer to take these steps.

What responsible negotiator(the retailer) would enter a contract that they fully expected to not be upheld? Turns out, almost all of them.

That being said, I am for strong property laws. But they need to be rewrote to reflect modern times. GNU and other open source contracts go further to remedy this.


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Awesomelyglorious
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08 Sep 2008, 8:31 am

monty wrote:
Actually, that is part of it. This discussion is confusing copyright law and contract law - they are not the same, although the music industry uses both to try to protect their product. In particular, it deals with implied contracts (ie, those which are not explicitly negotiated and agreed on) but which the music and software industry claims a person agrees to by by opening the package and using the product.

It is not at all clear that the fine print on a CD or ticket to a movie or is always a fairly negotiated contract. And even if it is a form of contract, imposing a contract is not always as simple as the words on the paper. If I sign a permission slip saying my child can go on the field trip and I will hold the school harmless for any and all injuries suffered, and if my child is injured, that permission slip may be quite meaningless, depending on the circumstances. The school will try to pressure the parent to not sue, pointing to the 'agreement' - but such agreement does necessarily suspend or supersede other types of law.

Actually, I think the discussion is using the notion of contract law in a different sense than that which the actual law must use it. It is assuming libertarian contractarianism. IP law, you are correct, is a different form of law, however, the argument is that libertarians because they tend to hold to contractarianism, would be implicitly violating that ethic if they violated the IP law.

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Lets say that when a person buys a CD and agrees to the terms, he is generally bound to those terms, as they were reasonable, and there was some degree of 'contracting'. Then that person loses the CD, and I find it while walking down the street or cleaning a house I just bought. Am I bound by any agreement? I never made a contract with anyone regarding that disk - I didn't pay anyone anything, and there was no label or seal I broke that 'indicated agreement.' According to the theory of contracts, I should be able to do anything I like with that disk!

Completely arguable, the issue is just that one cannot go about "losing discs". The libertarian stance would not see a contradiction in that, and I do not think that Orwell is necessarily trying to defend IP in all circumstances, just pointing to a possible contradiction in positions.

Quote:
No, Orwell, copyright law is a strange social invention. It is a game where there is no natural basis, and the rules change at the whim of government, a beast that people would find obviously oppressive if applied to ordinary property.

That could definitely be argued as the enforcement of IP can be overly stringent, and on some level, would likely never be enforced if it were natural.

Quote:
Copyright has some value to society, but on examination, it is quite arbitrary. The length of copyright has changed over time. In the US, there is a strange co-incidence.... Congress tends to extend the duration of copyright protection every time that Disney's Micky Mouse is set to go into the public domain! If there were some natural basis to copyright, how can its duration be adjusted by the government? Copyright is a social creation, not a natural right. It is an act of fiat by the government. The laws are being scripted by Hollywood and acted out by Congress, which is far from anyone's idea of justice.

Somewhat true, it could even be argued that IP as Orwell is looking at it, is somewhat like the social contract, which some libertarians tend to dislike as well. I think, however, Orwell is not defending IP 100% and just simply pointing to a peculiarity in people's ideas about copyrights as opposed to their ideology.



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08 Sep 2008, 8:33 am

Phagocyte wrote:
Having just read Atlas Shrugged, I would naturally assume that the libertarian stance would be to protect copyrights and safeguard the creator's property, intellectual or otherwise.

The libertarian stance is to protect property, there is some division over whether people can own ideas in that abstract sense. This means that some libertarians argue against IP as they view it as a destructive creation of government while others are staunch defenders of it.



Dogbrain
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08 Sep 2008, 9:23 am

ShawnWilliam wrote:
I disagree.. if i sell somebody a Glass jar and tell them they can only buy it if they agree NOT to break it, does that mean he really can't break it if he buys it?.. no, thats ridiculous.


It's not at all ridiculous if it's the term of the sale and that term is formalized in a contract.


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thats a personal agreenment, not a binding one.. i personally dont find the copyright law binding if


We can find people who personally don't find anti-pedophilia laws binding, either.



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08 Sep 2008, 9:23 am

Phagocyte wrote:
Having just read Atlas Shrugged, I would naturally assume that the libertarian stance would be to protect copyrights and safeguard the creator's property, intellectual or otherwise.


Not all libertarians are rand cultists.



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08 Sep 2008, 9:24 am

monty wrote:
chever wrote:


You didn't understand the quote did you? He's not talking about the works of Plato; he's talking about the world of forms.

I don't know about creative art, but any claims to 'own' an algorithm for example are ridiculous. You can no more own an algorithm than you can own the set of real numbers.


Hey! I own the rights to the phrase "any claims to own an algorithm are ridiculous" - you must immediately remove it from your post and cease and desist from using it in the future.

I also just bought the rights to the concept of silverware - I plan to start shaking down people for money soon, unless they can prove they eat only with their fingers.


You will have to prove your ownership to the satisfaction of the courts in order to collect. Have you properly patented these ideas/methods?



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08 Sep 2008, 9:27 am

chever wrote:
I don't know about creative art, but any claims to 'own' an algorithm for example are ridiculous. You can no more own an algorithm or something like that than you can own the set of real numbers. I wrote a number theory proof today for grins but I don't 'own' it. I only observed it. There's a huge distinction.


Patent law would disagree. Patent covers "discoveries" as well as "inventions".



chever
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08 Sep 2008, 9:35 am

Dogbrain wrote:
chever wrote:
I don't know about creative art, but any claims to 'own' an algorithm for example are ridiculous. You can no more own an algorithm or something like that than you can own the set of real numbers. I wrote a number theory proof today for grins but I don't 'own' it. I only observed it. There's a huge distinction.


Patent law would disagree. Patent covers "discoveries" as well as "inventions".


There are only two countries I know where software patents are observed: the USA and Japan.

And they're no less ret*d for that.


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Dox47
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08 Sep 2008, 12:10 pm

Correct me if I'm wrong, but several people in this thread seem to be drawing no distinction between buying a copywritten work, and buying a copy of a copywritten work. It's like buying a copy of a book, you can sell the book, donate it, whatever when you are done, you cannot sell the screen rights or makes xeroxes and sell them. Because movies and music are so easily turned into digital form and transferred via the internet, they've short-circuited the system, why would anyone spend millions making great entertainment if no one pays for it? That being said, I do see file sharing as an effective tool to force the music industry to reform their business practices, since they, the middle man are so easily eliminated these days.


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history_of_psychiatry
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08 Sep 2008, 4:01 pm

I'm a registered libertarian and i believe copyrights and patents should be legally respected. Perhaps you are generalizing?...


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08 Sep 2008, 4:40 pm

Here's an interesting article on the subject from one of my favorite magazines. This is of some interest to me because I make collages...
http://www.quiltingarts.com/cpsmag/extr ... right.html

One particularly obnoxious thing that's been happening in recent years is that large image banks have been buying up previously public domain imagery (such as pre-1900 historical photos) and copyrighting them themselves, thus typically putting them beyond the use of the average person who doesn't want to pay $200-300-plus for images that should, by rights, be free for everyone's use.

I have many other grouches on the way copyright is getting tighter and more beneficial to big coroporations - google Fremont Lenin Getty for one interesting twist, which, Fremont being Fremont, I have no doubt is an artist joke, but it makes you think...


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ShawnWilliam
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08 Sep 2008, 6:50 pm

Orwell wrote:
ShawnWilliam wrote:
but just because i put my stamp on something doesn't mean i have the right to tel somebody what to do with it.. and i would never assume that right.. it's not a right, it's a matter of trust.

It's not "just because of putting your stamp on something." The libertarian ethic affirms a person's right to control that which they create. If I create a new piece of music, I deserve to be able to decide the terms under which other people may use my creation. If I write new software, I should not be forced to consent to people stealing it. It is not "putting my stamp on it" it is actually creating something new. Property rights of such things are every bit as legitimate as property rights of physical objects and should be upheld just as strongly.

Now, if I chose, like people working in the Free Software movement, to give away something that I created for free, I would be allowed to do so because it is mine and I can do whatever the hell I want with it. But I can't be forced to give it up to the public domain just because some cheapskate isn't willing to buy it but still wants to use it.


If you invent something and you put it 'out there' without someone stealing it, in other words, you SELL it.. then it is not yours anymore.. it doesn't matter if you have the capablities to make more and mass produce them.. mass production is the cause of such immoral laws.. this is the age of communication where you can tell people what to think with the click of a button.
And I know about contracts, but to me a contract is something that you sign.. just because i sign a sheet saying i give my life to somebody that doesn't mean they have a right to own me.. contracts are just ways of getting around the risk factor.. there are reasons you need lawyers to write up contracts.. because you need to 'use all the right words' and say it exactly right or it is not liable.. it's a fact that poor persons don't see lawyers on a regular basis, unlike wealthy business men who own the country.. contracts were invented for those wealthy, lazy business men who dont want to work for their money anymore..



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08 Sep 2008, 7:59 pm

Geeks on Slashdot, who constitute the majority of libertarians, it seems, are usually the biggest supporters of free P2P sharing of copyrighted music, movies, computer games, and anime because these are their interests; therefore, they couldn't care less about their otherwise principles. Many of them are constantly downloading stuff—while they sleep, while they're in class, and while they're at work. It's just self-interest.

Also, they're mostly libertarians because libertarianism is considered to be cool in the computer geek community.