theft

This is a syndicated post, which originally appeared at Mimi and Eunice » IPView original post.

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The Obama Administration insists that “‘Piracy is flat, unadulterated theft,’ and it should be dealt with accordingly.” Nonsense, of course. Only scarce goods can be property and therefore only scarce goods can be stolen. Ideas or information patterns are nonscarce goods. If I take your bicycle, you don’t have it anymore. If I copy your idea, now we both have it. Copying, i.e., piracy, is not theft.

As the Left is wont to do in lieu of sound argument, US Commerce Secretary Gary Locke recently related what is meant to be a heartrending story:

Recently, I’ve had a chance to read letters from award winning writers and artists whose livelihoods have been destroyed by music piracy. One letter that stuck out for me was a guy who said the songwriting royalties he had depended on to ‘be a golden parachute to fund his retirement had turned out to be a lead balloon.’ This just isn’t right.

My first immediate thought was why isn’t it right? Shouldn’t a progressive egalitarian’s own values lead him to be against intellectual property?

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Intellectual Thievery

by on July 26, 2010 @ 2:31 pm · 1 comment

in IP Law, Science

Statism + legislation = destruction and unintended consequences:

… Jon “Maddog” Hall wanted to try to preserve some deteriorating piano rolls, but discovered (much to his annoyance) that copyright may be getting in the way. He points out that many old player piano rolls are deteriorating, and the small group of remaining collectors are hoping to preserve the music by digitizing them. Easier said than done… turns out that Hall got confused about the difference between the copyright on the composition and the copyright on the performance, and his attempt to save a more modern recording of a public domain song — even though that piano roll was deteriorating — was not allowed. After contacting one company that still makes piano rolls, he was told that he was better off not preserving the rolls in his collection:

We ended up agreeing that if I made an mp3 recording of less than 30 seconds, off an old roll, from a company that was completely out of business, kept it completely for my own use and locked up so no one else could hear it, that I probably would not be sued. He also begged me not to use any of his company rolls in this task, as he really did not want to have to sue me. I thanked him for his time.

It only took 100 years, but it looks like copyright law in the US is finally doing what it originally intended to do: destroying piano rolls.

Intellectual property legislation is outright theft. A judge could one day order a famine by declaring certain farming methods and genetic patterns to be “owned” by someone else (probably some corporatist entity backed by the full “faith and credit” of the US–that is, anything from machine guns to nukes.) Great!

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