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Culture War Roundup for the week of April 24, 2023

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IMO the salient thing which defines stealing isn't that it's zero-sum, it's that you're taking something which doesn't belong to you. So it doesn't matter that you are just copying bits, it's still stealing.

But are your moral intuitions completely in line with the law on all points of what things can be "owned" as intellectual property?

As a simple example, clothing designs can't be copyrighted in most of the world because clothing is considered utilitarian.

If I make a knock-off dress, that's completely legal. Do you consider me to be morally as bad as a person who has pirated a movie? Do you think the law should be changed to punish people who copy clothing designs as well?

Or what about board games? Game mechanics and rules are not copyrightable.

It is perfectly legal for me to make a clone of Monopoly, as long as I use my own names, art, presentation of the rules, etc. for everything. Do you think if I make such a clone that I'm "stealing" something not currently covered by law from Hasbro?

Don't get me wrong. I understand your position to a degree, but I find it highly suspicious when a moral position is identical with the law. How do you morally deal with situations like the UK granting perpetual copyright on Peter Pan, because the copyright is owned by a hospital? Do you think I'm stealing, if I download the original Peter Pan stories from Project Gutenberg in the United States, even though there's someone, somewhere in the world with a claim to ownership over that intellectual property? What about if I make my own original Peter Pan stories, since he's public domain here? If it's morally okay for me to download the original Peter Pan stories or make Peter Pan fan ficiton in the United States despite the perpetual UK copyright, is it okay to pirate copies of other works in countries that aren't party to the Berne Copyright convention?

I think one thing one needs to clarify here is that not all violations of copyright are the same. For example, copyright should not allow someone to claim a monopoly on the characters and fictional world they created, just the specific stories they wrote (or at minimum that kind of monopoly should be very sharply limited).

So with that said, no I don't think all of the examples you listed are stealing. I also think that it's unreasonable for some of them to be covered by copyright law at all. I would never say that the state of copyright law (or IP law more generally) is perfect. I wouldn't even say it rises to the level of "acceptable". IP law is in many cases quite immoral, and is in dire need of reform.

If you agree that downloading the original Peter Pan in the US isn't "stealing" despite the perpetual UK copyright of that work, then do you agree that a person can morally object to the length of copyright terms in a country, and morally pirate all works older than a certain age?

For example, if I decide to live by a self-imposed 28-year "moral copyright" code, where I only pirate things older than 28 years old (the original copyright term in 1790 in the United States), do you think I am stealing when I download a work from 1993? (If you think 28 years is too short, substitute some arbitrary time less than the 95 years of modern US copyright.)

Mmm, I'm not sure. I can't really say yes or no with confidence. I guess if I had to pick one or the other I would say no, that isn't stealing, because at some point the law has overreached what is moral. I'm not sure where exactly the age would be though.