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Re:Ask HN: What are the strongest moral arguments against pi... by _delirium on Saturday February 11, 2012 @12:53PM (#3579676)
I find it slightly easier to look at arguments justifying copyright. That's related to arguments opposing piracy, but the latter can be more complex. For example, if you've established (via an argument justifying copyright) that it is ethical and correct for a country to have copyright laws, why it's unethical to pirate then boils down to why it's unethical to violate just laws, which is a whole argument in itself (social-contract arguments, deontological arguments, utilitarian arguments, etc.).

That might be too fine a distinction, but in any case, there are two main varieties of arguments justifying copyright (though there are also some others, advanced less often):

1. Utilitarian arguments, that copyright improves well-being in some important way. These divide (as I see it) into a more strongly stated utilitarian-ethics approach, and a more weakly stated public-policy approach. The stronger approach argues on utilitarian grounds that it is ethically required to have a copyright system, because of the moral good it produces. The public-policy argument makes the more limited argument that a country adopting a copyright system will improve the country's society, so it ought to do so (but is not necessarily being unethical if it chooses not to).

2. Right-of-the-author type arguments that argue for a property or quasi-property interest in ideas, or some ancillary things around ideas. This is somewhat more prevalent in French thinking than Anglo-American thinking, as suggested by the French translation of the word "copyright", droit d'auteur. The quasi-copyright category of "moral rights" is related to this, and can support some middle-ground positions, such as a belief that copyright itself is not a right, but that being accurately identified as the author of a work is a right (i.e. some kind of anti-intellectual-theft position, where it's ethical to copy a book, but not ethical to copy a book and claim you wrote it).

There's an extra level of complexity when you look at contract law, corporate copyright, and transferability. For example, some of the droit d'auteur based approaches consider it an immutable, untransferable right of the original author specifically, who can enter into licensing arrangements for the work, but cannot transfer or sign away their fundamental moral rights.

Re:Ask HN: What are the strongest moral arguments against pi... by csallen on Saturday February 11, 2012 @03:02PM (#3580023)
Even if we were to accept the strong utilitarian argument, it doesn't really say that it's "required" to have a copyright system. Copyright is a means, not an end, and utilitarianism is about ends. Specifically, it's about increasing the total amount of happiness among people. Which isn't so different from the public policy approach, which is about improving society as a whole.

Neither of these systems hinges on the existence of a copyright system, and even if they did, there are many many ways to implement a copyright system. Certainly, you can't say I would argue that the system as it exists today flies in the face of both approaches. To understand why, it's necessary to understand the history of copyright. Both copyright and patents

Both patents and copyright were justified in a single clause of the constitution for the following purpose (and this quote comes directly from Congress in 1988):

  "Under the U. S. Constitution, the primary objective of copyright
  law is not to reward the author, but rather to secure for the public
  the benefits derived from the authors' labors. By giving authors an
  incentive to create, the public benefits in two ways: when the original
  expression is created and ... when the limited term ... expires and the
  creation is added to the public domain."
Or, if a quote from 1988 isn't interesting enough, let's look at a quote form the court in 1829, a date much closer to the initial creation of the Constitution:

  "While one great object was, by holding out a reasonable reward to
  inventors, and giving them an exclusive right to their inventions for 
  a limited period, to stimulate the efforts of genius; the main object 
  was `to promote the progress of science and useful arts;' and this 
  could be done best, by giving the public at large a right to make, 
  construct, use, and vend the thing invented, at as early a period as 
  possible, having a due regard to the rights of the inventor. If an 
  inventor should be permitted to hold back from the knowledge of the 
  public the secrets of his invention; if he should for a long period 
  of years retain the monopoly, and make, and sell his invention publicly, 
  and thus gather the whole profits of it, relying upon his superior skill 
  and knowledge of the structure; and then, and then only, when the danger 
  of competition should force him to secure the exclusive right, he should
  be allowed to take out a patent, and thus exclude the public from any
  farther use than what should be derived under it during his fourteen
  years; it would materially retard the progress of science and the useful
  arts, and give a premium to those, who should be least prompt to
  communicate their discoveries."
This is about as utilitarian as it gets. The entire purpose is to help the public, the populace, society in general. Allowing for the perpetual monopoly of ideas, language, and art would be a crime against free speech and harm society. However, failing to protect it at all would provide 0 incentive for artists to create new work. So the most utilitarian balance is to grant protection to artists ONLY if they go through the copyright system, which would soon force their works into the public domain.

What we have today is an extreme perversion of this system. The content industries have become the very monopolies we sought to prevent. Copyright was originally 14-28 years maximum, but the content industries have successfully petitioned Congress to extend that to the entire lifetime of the author PLUS 70 years. And why not? They profit tremendously by doing this. But it doesn't help authors (who are usually long-dead), it doesn't incentivize the creation of new work, and it completely fucks over the public.