Comment Re:Well what do you know.... (Score 1) 264
Sure, you can sell things with contractual conditions. This would be a considerable drag on your sales.
First, something with conditions is inherently worth less. If I buy a horse with no intentions of using it for farm labor, and with every intention of feeding it well, your conditions would become problems if either I needed money and wanted to sell the horse in an agricultural community, or if carrots became very expensive and difficult to get. Second, the act of signing a contract puts me at some legal risk, even if I perform the condition. What if you suspect I'm not providing the requisite carrots, and take legal action? If there were no contract, you'd have no standing to sue, and even if I handily win the lawsuit it's going to be stress, time, and expense to me. Third, if the horse is ever transferred from me without the contract (possibly in a bankruptcy), you've got no way to enforce your rules. Fourth, the signature requirement makes the sale clumsier. I can't just pay you with Paypal and have you mail the horse and then get the plates for it*, I have to have an exchange with an actual signature.
Now, apply this to creative work. If you need to sell your music with contractual ties, you get the above problems and more. You can't let me hear it for free unless I first sign an NDA, and it's impractical to get NDAs from anybody who might receive a radio station. My fictional fifteen-year-old daughter can't buy it on her own. As a result, people will buy music they can get without binding contracts, and if all music is only available under similar contracts the Justice Department is going to investigate you and friends for restraint of trade. (You also have to individually negotiate each contract or make very, very sure it very clearly says what you want - it is then a contract of adhesion, and the courts will settle any ambiguity in the purchaser's favor.) With this model, if even one copy gets out not under contract, or one person breaks a contract and makes copies, everybody can get free legal copies of your music. (If Joe violates his contract with you, and I get an uncontracted copy, you can sue Joe for breach of contract but you can't sue me, because I have no legal obligations to you.)
So, instead, we pass a copyright law. The Constitutional purpose, in the US, is to induce you to write music, not to grant you some sort of moral right. If the Founding Fathers had considered copyright to be some form of ownership, they wouldn't have bothered to give Congress specific powers to allow such monopolies. There's nothing in the Constitution specifically permitting laws in defense of property.
Now let's take the GPLv3 scenario. In a regime with copyright laws, you've violated the license and commercially redistributed large numbers of somebody else's copyrighted code without a license. You're in trouble. In a regime without, there's nothing to prevent somebody from buying an ASDAA, copying the executable software and distributing it freely, and reverse-engineering your changes to add back into the original code. You're not able to sell it for big bucks because you're undercut by free copies. The GPL was originally intended as a judo-like tactic, using copyright law against the idea of copyright. While it serves some other of Stallman's goals, its essential purpose is to prevent copyright restrictions from being slapped onto code.
*My knowledge of horses is not great. Work with me here.