Imagine if this were cars and not software. I buy a nice Buick, and then I take it apart and copy it so I don't have to buy 100 more for all my sales staff. Obviously, its cost prohibitive to "copy" a car, but it is unfair to steal my idea/software/car design.
Trying to make the crossover from physical property to IP (IP itself might be a misnomer) causes trouble. We would be better off if we based our reasoning in the correct realm. Leaving off the name calling would also be nice.
In many places, piracy is a capital offence. Should software pirates be executed.
In any case, let me give you a few cases which will illustrate why I think 'going there' causes trouble...
I used to buy a magazine called 'Boat Builder' and it contained plans and instructions for building boats. A friend and I even built one once.
Now, as I understand how things work, I could build that boat. I could lend the magazine to a succession of friends who could also build the same boat, when they give it back, I could build a few boats for friends who are not so handy. All this legally as the law now stands. (BTW -IANAL) I could not however, build the boats and sell them as a business. I also could not copy the plans and instructions and sell them.
Do you propose that I should be unable to build myself a boat? Should I be unable to lend the magazine to a friend so that he can build himself a boat?
Now, say I buy a nice designer shirt that fits better than any shirt I have ever had. Now it starts to wear out because I wear it so much. When I go to buy another, it is no longer for sale, the next seasons fashions are out. So I take the shirt to my friendly tailor and have him pull it apart for a pattern and make me a few. Is this legal?
Now a photographer takes a picture of a person in front of a new building. They have to get a release from the person, do they need a release from the architect? If not, why not?
These issues are not as cut and dried as the copyright holders like to pretend!
I would like to see the copyright holders held accountable for mis-stating the law when they attempt to 'educate' the public as to their rights.
Bob Clip - friend of A Nony Mouse
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