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Originally Posted by gmw
Because I completely disagree with your assertion that IP and PP are dissimilar.
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I think it is self evident to anyone that IP is actually dissimilar to PP. I mean, they are not the same thing so they must be dissimilar to some degree. Quibble about the degree but to argue they are not dissimilar would be blatantly incorrect.
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Originally Posted by gmw
The rights and remedies for both are defined by law and as a result they have lots in common. Yes, copyright only has those similarities because of copyright law, but that was the point of introducing the law.
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They have very little in common. The only similarities they have are those defined by law to aid in conceptualisation.
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Originally Posted by gmw
There is no need for weird and wonderful arguments about protecting one or the other with guns or rocks, that stuff is just a distraction, and entirely irrelevant. The law as it exists now has been shown to work (not perfectly, perhaps, but it has been achieving the objectives it was designed to achieve). Claiming it is unworkable seems a very strange thing to do.
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Yep, already agreed that copyright law, generally speaking, works.
Nope, never claimed copyright law is unworkable.
What I did claim is that IP and PP are dissimilar, and therefore are not, and should not, be treated the same under the law. The fact they are not treated the same under the law is a simple fact anyone can confirm for themselves if they care to. Whether they should be treated the same is, I admit debatable. However, I do contend it would be unworkable to do so and would hazard a guess that fact is the single biggest factor in why IP was not simply added into the existing laws covering PP but instead had a whole new set of laws made up to deal with it.
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Originally Posted by gmw
Perhaps some centuries ago the "rock in my hand" thing had some merit, but even then it's doubtful because at that time it probably belonged to the King whether you liked it or not.
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If you honestly believe there is no difference between IP and PP then so be it. I don't know how to discuss the issue with someone who honestly believes that premise so I'll leave it there.