Comment by samspot
21 hours ago
Copyright, and patents, are not based on moral principles. It's a temporary government license meant to encourage innovation and hustle. Whether it works or not, I don't know. But the only question of morality is if it's immoral to break an arbitrary law, or not.
This is strongly jurisdiction-dependent.
US patent and copyright derive from A1S8C8 of the US constitution, "to promote science and useful arts".
Much EU law derives from a French tradition based on droight d'auteur, or moral rights.
International copyright code (Berne Convention) rips and mashes from both traditions.
A law claiming that something is a "moral right" doesn't make it so, though.
Just as e.g. sodomy laws claiming that something is immoral doesn't make it so.
Copyright has always been based on moral principles. 'Moral rights' have been part of copyright longer than "encourage innovation and hustle" has been something the government has considered worth promoting. The original copyright laws were about controlling who could print the bible, and the statute of anne was about encouraging learning while controlling what booksellers could and couldn't do. Copyright if anything was about preventing innovation from the very beginning, and slowing the hustle of culture down so that incumbents could edge out newcomers - a drama that has played out generation after generation