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The Right to File-Share · Friday November 07, 2008 by Crosbie Fitch

I thought this fairly straightforward exchange on Techdirt put things fairly succinctly:

Anon:

Why should consumers have rights regarding unauthorized file sharing?

CF:

Ahem, people already have the right to liberty (freedom of speech, etc.).

In 1710 (UK) and 1790 (US) the privilege of copyright was created to partially suspend this liberty, specifically the right for members of the public to make copies or derivatives of books that they had purchased. This ‘right to copy’ was then granted to publishers – hence the name ‘copyright’.

So, file-sharers are actually enjoying their natural rights.

Ideally those rights are no longer suspended for the benefit of publishers, but are fully restored to the public, by abolishing copyright.

Anon:

Copyright isn’t bad, in and of itself. The horrible way its been twisted and extended since its initial implementation.. is whats bad. Lets not throw the baby out with the bathwater here. I’m all for people being paid for work, I’m not for the idea of lifetime residuals on a piece of work and complete show stopping powers for derivative work. If people want to sign their rights away and open it up to the public without personal gain, well… thats what CC, GNU, and BSD licenses are for.

CF:

People aren’t signing their rights away, they’re restoring the public’s rights back to them (by neutralising their privilege of copyright to published works and derivatives).

It is actually impossible to sign one’s rights away – this is what is meant by inalienable.

It takes the power of a government to grant privileges that supersede individual rights.

I too am all for people being paid for their work. What I’m not at all for is the people’s liberty being suspended for publishers’ commercial exploitation.



 

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