JEDIDIAH <jedi DeleteThis @nomad.mishnet> writes:
> On 2008-02-17, Chris F Clark <cfc DeleteThis @shell01.TheWorld.com> wrote:
>> I believe "Peter H. Coffin" <hellsop DeleteThis @ninehells.com> writes:
>>> Can't do that -- a lot of definitions of "theft" and "stealing" are
>>> based on "depriving another of his property without permission". If
>>> there's no "depriving" happening, then things get really ... funny.
>>
>> You just have to understand the "property" in this case. The property
>> being stolen is the right of the creator of said content to control
>> its distribution and use. By many of the acts being discussed, someone
>
> Except there is no "right to control use".
Yes, there is. For exampl, an author has the right to prevent public
performances. That is a control over use. Moreover there would be no
concept of "fair use" if there was no control over use.
> There is a right to control copying. "use" is just something
> that has been only recently (even for relative to the timeline
> for copyrights) been snuck in by people interested in subverting
> the original intent of copyright for their own short term gain.
I think you'll find the right to control use goes back to around
Shakespeare's time. If you wish to call that a short-time, it
predates the codification of the right to free speech, which we are
using to discuss it.
> Even the right to control copying isn't absolute since the
> whole point of the whole exercise is to "get work out there".
No right is absolute. All rights are balances between different
parties.
However, I will disagree that the point of the exercise is to get work
out there. The original suit upon which all copyright law is based is
about the prevention of someone else making a copy of a work and
keeping it.
Copyright law is about ownership. It makes certain intangible items
ownable, even without possession. You may have a copy of a play I
have written, but it is still "my" play and I have certain rights
concerning what you can and cannot do with it. Your possession of the
copy of my play does not change the fact that it is still my play and
I own the copyrights to it.
>> Stay informed about: Ultimate Tivo Unit - When? Thoughts please.