It's not misleading in the slightest to call it non-copied for the simple reason that it was not a copy, and that the copyright monopoly only covers direct copies, nothing else.

Yes, they used similar inspiration and similar techniques. But that is specifically not covered by the copyright monopoly, which has always been about protecting a specific expression of a creative idea, and never the idea itself.

For more, see this article on Falkvinge on Infopolicy.

Yes, the images are arguably similar. But there is absolutely no merit whatsoever to the claim that one would be a copy of the other, thus violating the copyright monopoly. What the judge has done here is to set a precedent that states that the monopoly does not just cover the creative work, but extends to a general creative idea, which completely shatters the traditional notion that the copyright monopoly only covers a specific expression of an idea, and never the idea itself.

So what’s the big deal, then? In this case, they sought to recreate the image and took a similar one. Why is that not a violation of the copyright monopoly?

Because that’s exactly how you do it if you don’t want to pay a license fee on the original terms. You create a similar work yourself, entirely by yourself, and compete. It’s the whole damned idea.

Article by Falkvinge on this verdict.

Actually, the copyright monopoly is a balance between the public's interest in availability of culture, and the SAME public's interest in having new culture created.

Individuals and creators and the copyright industry are not stakeholders in that balance, but beneficiaries of the monopoly (just like Blackwater Security or whatever their name is this week is a beneficiary of United States foreign policy, without that meaning that they get a seat at the drafting table).

Thank you, good sir. Those are very kind words.

Although, I prefer the swarm as an organization rather than a hierarchical structure, so "stand behind a leader" isn't really what happens when I work. When I "lead", in quotes, I say out loud that I'm going to do something to accomplish a goal, and that others are welcome to follow me in that action if they like. Usually, a couple of hundred or thousand do.

Othertimes, other people in the swarm -- or the group as a whole -- decides on a course of action that I take part in.

I don't command military style. (Despite holding officer's rank in the Swedish Army, for trivia.)

Cheers,
Rick

"Useful Arts" actually refers to patentable handicraft; the consitution's motivation for the patent monopolies. This is the same word as you see in "artisan".

"Progress of Science" refers to knowledge subject to the copyright monopolies.

The GPL is intentionally written to match the strength of the copyright monopoly. If the copyright monopoly strengthens, so does the GPL. If it weakens, so does the GPL, too.

In the case of an abolished copyright monopoly, the GPL is also effectively abolished, but this is by its original design.

Right you are, sir.

In the reality where I live, GNU/Linux and Wikipedia have been proven to exist despite explicitly renouncing the copyright monopoly and encouraging copying.

Also, I have not been the leader of the Swedish Pirate Party for a bit over a year. I am its founder and I led it for its first five years. Anna Troberg is the current leader of the Swedish Pirate Party.

Cheers,
Rick