
Journal Journal: copywrite vs. theft
Re:This sort of thing... (Score:5, Interesting)
by Dashing Leech (688077) on Thursday October 06, @08:22AM (#13728844)
"And, in the processes, depriving the copyright holders of income."
And this is where this argument always fails for a variety of reasons.
Income is only deprived if the person receiving the "free" copy would
have paid for it in the first place had they not been able to get the
free copy. I would love to see someone argue that a 14 year old kid
with $10,000 "worth" of songs would have paid $10,000 for them had
they not been able to download.
Also, depriving potential income is not theft. People are deprived of
potential income all the time, from the city doing roadwork in front
of a store, to boycotts, to simply a new competitor moving in.
Deprivation of potential income is not a valid argument because it
relies on an invalid assumption of what people would have intended
under different circumstances. It's the deprivation of the property
from which the income is derived that matters, and that's the
difference between theft and copyright infringement. The former
deprives the owner of the use of the property. The latter just means
you violated their right to decide how something is copied.
One other point. There is no inherent right to earn income from a
creative work, and that is not the intention of copyright law. For
example, this post I am writing is actually a creative work, and
usually something like this is automatically copyrighted under the
law. Should you guys pay me? The intent of copyright law is to
encourage content creators to share their works publically. The
"limited time" (which it isn't really anymore) protection is merely
the incentive for sharing the work. It's not a bad concept for
promoting cultural development, but has become too distorted and
abused to be a useful anymore.