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Comment by otterley

10 hours ago

> Copyright is serving exactly nobody today

Except for nearly everyone who writes anything (including software) or other artistic pursuits to make a living. This includes a majority of people here on HN.

Most hackers here are not relying on copyright to make their living. Either you work on open source but make your living off services on top of the code, or your code is a trade secret protected via contracts.

Not to mention that everyone using coding agents probably aren't even protected by copyright in the first place, at least in the US, since the courts are taking a pretty hard line on human authorship being required...

  • "your code is a trade secret protected via contracts" isn't enough to replace copyright because the contracts are only enforceable to the signing parties.

    Let's say you write some software for your employer and they sell the product to several customers with a contract not to distribute it. However, the product appears on some pirate website anyway, and you can't identify who allowed the product to be leaked. Once it's there, your contracts are worthless as nobody who downloads it from the pirate site will be bound by your contract. You need copyright laws to prevent subsequent distribution.

    Without copyright laws, you'd then end up in the situation where people who paid for the software then are bound by the contract and would have to keep paying, and those who just downloaded it from a pirate site would be completely fine legally and could use the software with impunity. That would create a disincentive for anybody agreeing to buy the software and entering into a contract in the first place, essentially killing the industry.

    You might not see a problem with that if you believe in Open Source, but most licences require copyright laws to exist to protect the software freedoms so that people don't just take the software and close source it.

    • Yeah, I'm assuming most people here aren't selling proprietary code to customers directly. I assume most professionals here work somewhere that sells SaaS or uses the software they develop internally only.

yeah I wouldn't be able to put food on the table if my employer didn't have exclusive license to the glue we use to stick together all that open source code we rely on. Which we now generate exclusively using AI, products of which are of unclear copyright status.

Modern IP law inhibits productivity more than it helps, imo. LLMs have fundamentally changed our line of work, and they have done so by completely ignoring the existing legal framework for IP. We should not defend the current implementation just because some people might suffer reduced earning potential.

  • Copyright was not designed to maximize productivity. It was designed to maximize creativity and inventiveness (or, as stated in the US Constitution, the progress of science and the useful arts).

    • > t was designed to maximize creativity and inventiveness

      If you look at outcomes it has completely failed while making big corps very rich in the process

      3 replies →

I’ve written software all my life, copyright has never been relevant to my earnings at all, trade secrets have been to some extent. Frankly copyright was meant to enable more sharing and benefiting the public domain, instead it’s become a cancer…