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Re:In 'Sherlock Holmes' Rights Dispute, Conan Doyle Estate S... by rayiner on Wednesday August 06, 2014 @09:53AM (#8142428)
The reason we have land ownership is because without it, we have a tragedy of the commons situation: there is no incentive to improve the land, because anybody can just come along and harvest the corn you spent your hard work planting.

I don't get why people assume that creative works are any different. Creative works are scarce! We don't have an infinite number of creative people laboring to make new works. We actually have a pretty limited supply of such people, and creation is labor-intensive as well as not very scalable. You eliminate copyright, and you allow anyone to just come along and harvest the fruits of their labor, and you eliminate the incentive to engage in that labor.

Re:In 'Sherlock Holmes' Rights Dispute, Conan Doyle Estate S... by lmm on Wednesday August 06, 2014 @11:50AM (#8143086)
The fanfiction phenomenon suggests otherwise; plenty of creative people are willing to spend a lot of time and effort on creative work even when they don't and can't own it.
Re:In 'Sherlock Holmes' Rights Dispute, Conan Doyle Estate S... by tptacek on Wednesday August 06, 2014 @01:09PM (#8143509)
My daughter loves drawing cartoons and comics. But she's not going to build something as ambitious as an entire graphic novel, because that would (a) turn her enjoyable hobby into work --- an often unpleasant expenditure of energy performed in the service of a long-term goal and (b) consume more time than she has available to her.

And so it is with fanfiction. The fanfiction process isn't going to generate _The Sound and the Fury_ or even _The Moon Is A Harsh Mistress_. At least, that isn't going to happen the way fanfiction is constituted now.

I respect any hobby that involves huge amounts of creative writing. But there's a difference between a hobby and a profession.

Meanwhile: if you don't believe that society benefits by having an economic framework wherein JK Rowling and Thomas Pynchon can dedicate all their productive hours to writing, and that instead we should do away with commercial publishing and switch entirely to the fruits of people's hours after they get home from their real jobs, you can have that. Today. Just don't read commercially published books. There is, as you point out, a lot of fanfiction out there, and a lot of it is probably quite good.

Re:In 'Sherlock Holmes' Rights Dispute, Conan Doyle Estate S... by lmm on Wednesday August 06, 2014 @05:19PM (#8144918)
> The fanfiction process isn't going to generate _The Sound and the Fury_ or even _The Moon Is A Harsh Mistress_.

By which you mean what exactly? I'd say e.g. To The Stars is every bit the equal of The Moon Is A Harsh Mistress.

> if you don't believe that society benefits by having an economic framework wherein JK Rowling and Thomas Pynchon can dedicate all their productive hours to writing, and that instead we should do away with commercial publishing and switch entirely to the fruits of people's hours after they get home from their real jobs, you can have that. Today. Just don't read commercially published books. There is, as you point out, a lot of fanfiction out there, and a lot of it is probably quite good.

Unfortunately, copyright means that every so often some of it gets taken down, and potential socially valuable services don't exist (e.g. I'd happily pay for bound copies of certain works, but because they were produced in violation of copyright that business doesn't exist). So while I will continue to read fanfiction, I will also continue to argue for a relaxation of copyright law.

Re:In 'Sherlock Holmes' Rights Dispute, Conan Doyle Estate S... by icebraining on Wednesday August 06, 2014 @01:31PM (#8143666)
We could always pay people (sign a contract) before the work is produced. Seems to work fine for the other 99.9% of professions.