← Back to context

Comment by hebocon

1 day ago

Without IP law it is all or nothing: obfuscate, hide, encrypt, and protect lest it become public domain.

With IP law you are given the exclusive, enforceable right to control the distribution and sale of an idea for N years... at which point it becomes public domain.

In either case the decision to publish an idea will inevitably make it public domain. The government protects their shit because $REASONS but there is absolutely no obligation for it to be made public until that protection lapse. In matters of human culture this seems like a bug, not a feature but enforcing some standard of "reasonable worldwide availability" by force seems impossible. The invisible hand of piracy "solves" this oversight and functions like a safety valve.

Not an endorsement of either side, just an observation.

This was fine when N = 28. Now it's life of the author plus 95 so there is almost no possibility of anything released in your lifetime to be a part of the public domain before you die.

  • A british man predicted this was going to happen nearly two centuries ago. His address to the courts are worth reading in their entirety, it contains everything we need to know about copyright.

    https://www.thepublicdomain.org/2014/07/24/macaulay-on-copyr...

    > At present the holder of copyright has the public feeling on his side. [...] Pass this law: and that feeling is at an end.

    > Men very different from the present race of piratical booksellers will soon infringe this intolerable monopoly

    > Great masses of capital will be constantly employed in the violation of the law

    > Every art will be employed to evade legal pursuit

    > and the whole nation will be in the plot

    > when once it ceases to be considered as wrong and discreditable to invade literary property, no person can say where the invasion will stop

    > The public seldom makes nice distinctions

    > The wholesome copyright which now exists will share in the disgrace and danger of the new copyright which you are about to create

    • Wonderful reference, thank you! I'm tempted to return to my notes and write an essay on this.