Comment by impossiblefork
6 hours ago
I actually think physical property rights are much more problematic than copyright.
Works are so sparse, and there is such an explosion in how many texts there are that when someone has a right to the exclusive use of one of these huge numbers that are almost unrepresentable, you lose almost nothing.
If someone didn't announce that they had written, let's say, Harry Potter and there was a secret law forbidding you from distributing it, that would be really bad, but it would never matter.
Copyright infringement is a pure theft of service. You took it because it was there, because someone had already spent the effort to make it, and that was the only reason you took it.
Land, physical property, etc. meanwhile, is something that isn't created only by human effort.
For this reason copyright, rather than some fake pseudo-property of lower status than physical property, is actually much more legitimate than physical property.
How one adjudicates ownership or authorship disputes under copyright is fundamentally different than disputes about land and property ownership. We can go to records and so on in each case, but a resolution would be different in each case, because they are different sorts of potential violations or transgressions.
I don’t think it’s as clear who is at fault if I mention “he who must not be named” in a hypothetical scenario where Harry Potter was never published, and then start telling people about the manuscript I found. If I violated someone’s rights to privacy or property to get or keep the original manuscript, that’s one thing, but merely having it even if the author didn’t want me to have it as a copy especially is another issue. If I never published it but merely described it to others, I’m not sure if I’m any less culpable, but it seems like I should be.
I’m not sure how much more I can explore your thought experiment, but I appreciate you for sharing it with me.