Why do we want free speech?
- People have a natural right to express themselves (moral)
- Speech creates a vibrancy where good ideas or expression can convince, influence, or otherwise "win" (practical)
- The tyranny of the majority as a danger to all is most clear here (political)
- etc.
But these also apply to what "IP" wants to regulate. When I want to sing a song, write a book, make a film, make a speech (much less train my AI) I'm regulated by IP laws. Just posting a video very often leads to all kinds of roadblocks. Some might claim that my art that rips-off other's art is not "my" speech, but think of sampling, remixing, Wicked, Eyes on the Prize, Oresteia, etc etc etc etc. The vibrancy of art, science, and politics comes from various forms of remixing. The idea of free speech forbids us from thinking of the merits of the individual case ("this specific speech is worthless, derivative, threatens someone else's power") because we have faith that the openness of freedom brings forward all kinds of value (moral, artistic, political, monetary) that is not immediately apparent.
A lot of slashdotters and others seems to think that copyrights protect a moral right of artists to control their work, but this is a distinctly European, not American or Anglo tradition - this book gives a pretty good overview: https://press.princeton.edu/bo...
In my mind, the First Amendment came AFTER the copyright parts of the US Constitution, and so should be seen as overriding. I know no one agrees with this, but I think it makes sense. A constitutional power was given to the US government to regulate speech, but then, through the Amendment process, that power was taken away.
If copyright is meant to incentivize artistic and scientific and political advancement, then why is its efficacy not studied? It might be too entrenched to be able to look at, but when copyright is not enforced we see innovations, scientific and technological benefits, money being made, health care improving, and other benefits and knock-on effects. How much more bandwidth, disk space, recording devices, and paint would be sold in a world with no copyright? Can't we predict all kinds of job creation when copyright gets eliminated?
What about making other incentives that don't violate freedom? Subsidies? Tax benefits? Higher taxation on mass-distributed speech by commercial orgs? Stronger regulations against business advertisements? These could open the marketplace, encourage experimentation, make expression come from the ground up. But still leave a lot of room for making money. But these are just small, naive, spitballing ideas. I'm sure we could come up with a lot of new good ideas on how the state could incentivize art and speech.
Why ASSUME that the current system is optimal, but just needs tweaking?