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Old 12-30-2013, 07:13 PM   #37
Ninjalawyer
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Quote:
Originally Posted by tubemonkey View Post
Because these works are property, and I don't believe in placing time limits on property ownership. It's that simple. I don't care if it's the family farm, Mickey Mouse, your home, or the latest Dan Brown novel. I make no distinction between tangible and intangible property.
Except it's not "property" in the sense you mean, and never has been at law. Here's Lord Kames from a 1773 case (and he also explains why perpetual copyright is a bad idea as a bonus):

Quote:
this claim, far from being founded on property, is inconsistent with it. The privilege an author has by statute, is known to all the world. But I purchase a book not entered in Stationer's hall; does it not become my property? I see a curious machine, the fire engine, for example. I carry it away in my memory, and construct another by it. Is not that machine, the work of my own hand, my property? I buy a curious picture, is there any thing to bar me from giving copies without end? It is a rule in all laws, that the commerce of moveables ought to be free; and yet, according to the pursuer's doctrine, the property of moveables may be subjected to endless limitations and restrictions that hitherto have not been thought of, and would render the commerce of moveables extremely hazardous. At any rate, the author of avery wise or witty saying, uttered even in conversation, has a monopoly of it; and no man is at liberty to repeat it.

Lastly, I shall consider a perpetual monopoly in a commercial view. The act of Queen Anne is contrived with great judgement, not only for the benefit of authors, but for the benefit of learning in general. It excites men of genius to exert their talents for composition; and it multiplies books both of instruction and amusement. And when, upon expiration of the monopoly, the commerce of these books is laid open to all, their cheapness, from a concurrence of many editors, is singularly beneficial to the public. Attend, on the other hand, to the consequences of a perpetual monopoly. Like all other monopolies, it will unavoidably raise the price of good books beyond the reach of ordinary readers. They will be sold like so many valuable pictures..... [the] booksellers, by grasping too much, would lose their trade altogether; and men of genius would be quite discouraged from writing, as no price can be afforded for an unfashionable commodity. In a word, I have no difficulty to maintain that a perpetual monopoly of books would prove more destructive to learning, and even to authors, than a second irruption of Goths and Vandals. "
Here's the full opinion if you're so inclined.

TL;DR version: Intellectual property is not "property" under the common law, and a perpetual copyright is damaging rather than helpful to society.

Last edited by Ninjalawyer; 12-30-2013 at 07:20 PM.
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