Copyright is busted, now what?🔗

A healthy system of creative rights, including a balanced form of copyright, is a reciprocal arrangement between creators, consumers, and the commons. Creators are granted some temporary exclusive rights by the government over qualifying intellectual work in order to incentivize creativity. These privileges are granted in exchange for creating valuable new information — the existence of which is a contribution to the public good — and for providing it in such a way that others will be able to build on it in the future. It’s an incentive for providing a specific social good, one which the market alone might not reward otherwise. Fortunately, this is actually how US copyright was designed; see You’ve Never Seen Copyright.

The takeaway from that, though, is not just that there’s a fair version of copyright, but that copyright must look like that fair model. The fact that such a thing as “good copyright” exists as a sound philosophy is not a broad defense of the word “copyright” itself, it’s an imperative requirement for the legitimacy of any system of power that claims to enforce copyright. The soundness of the philosophy doesn’t legitimate the system of power that shares its name, it damns it for failing its requirements.

When they invoke the philosophy of copyright to justify thuggery, it matters that they’re wrong.

The requirements for reciprocity intrinsic in copyright are how the system must work, but it’s not what actually happens today. In practice, corporations regularly violate the fundamental principles of creative rights — both in letter and in spirit — and use copyright protections to profit without showing the required reciprocity.

I can’t possibly list all the stories of what these violations look like. Seriously, just the thought of me having to give a representative sample of companies abusing IP law made me dread writing this series, it’s such a prolific problem. But I have shown a sample: Nintendo using copyright to kill new creative work, Apple using trademarks to keep competitors from conducting trade at all, book publishers trying to destroy the idea of buying and selling books… they’re all examples of how companies do everything they possibly can to get out of fulfilling their side of the bargain.

Case studies are fun, but just listing out a bunch of horrors isn’t what I set out to do; that’s just groundwork for thinking about the problem. What’s important is that they’re a representative sample of a kind of behavior. With all that established, you can read this with the knowledge that yes, they violate the purpose of the law as written and yes, violations are so regular they seem to define the practice.

So what does it all add up to?

Here’s what I say: If you want out of the deal, so be it. When someone won’t participate constructively — if they don’t work in good faith, or at least begrudgingly accept the limits the system of copyright puts on them — we stop respecting their claim to special privileges within it as legitimate, and understand it as the double-dealing overreach it is.

As self-evident as it sounds when I say it out loud, this argument is my nuclear option. This is what I would have to say if it ever got this bad; if, between the two of them, the courts and the corps ever broke the system beyond my last bit of tolerance. And I’ll be damned if they haven’t done just that.

Legitimacy🔗

In You’ve Never Seen Copyright, I talked about how the word “copyright” can refer to two very different things: either a philosophical basis that justifies copyright as a legal doctrine, or the system of power that describes how copyright is actually enforced, what enforcement looks like, and who it benefits.

But the fact that the power structure has diverged from the original philosophical intent doesn’t just create a communication issue. Yes, it becomes increasingly unclear what people who say “copyright” are talking about, but the legitimacy of the power structure depends entirely on being an implementation of a sound legal doctrine.

Argument is stupid🔗

First, to be clear, what was actually being argued at the time was exceedingly stupid. I’m not giving that any credit.

After committing to significantly overpay to purchase Twitter with no requirements that they do due diligence (yes, really!) Elon Musk tried to call off the deal.

Elon Musk@elonmusk

If our twitter bid succeeds, we will defeat the spam bots or die trying!

Thu Apr 21 18:53:55 +0000 2022

Elon Musk@elonmusk

That is why we must clear out bots, spam & scams. Is something actually public opinion or just someone operating 100k fake accounts? Right now, you can’t tell.

And algorithms must be open source, with any human intervention clearly identified.

Then, trust will be deserved.

1651594704000

Elon Musk@elonmusk

Twitter deal temporarily on hold pending details supporting calculation that spam/fake accounts do indeed represent less than 5% of usershttps://www.reuters.com/technology/twitter-estimates-spam-fake-accounts-represent-less-than-5-users-filing-2022-05-02/ …

1652435078000

This was a pretty transparent attempt to get out of the purchase agreement after manipulating the price, and it was correctly and widely reported as such.

Scott Nover, “Inside Elon Musk’s legal strategy for ditching his Twitter deal”

Elon Musk has buyer’s remorse. On April 25, the billionaire Tesla and SpaceX CEO agreed to buy Twitter for $44 billion, but since then the stock market has tanked. Twitter agreed to sell to Musk at $54.20 per share, a 38% premium at the time; today it’s trading around $40.

That’s probably the real reason Musk is spending so much time talking about bots.

I don’t want to get too bogged down in the details of why Elon was using this tactic, but fortunately other people wrote pages and pages about it, so I don’t have to.

Gris🔗

Last week, looking for a game to play to wind down at night in bed, I went through my backlog of unplayed Steam games and filtered for something that looked relaxing. I fished out Gris.

Gris is intriguing, atmospheric, and gorgeously animated. It’s a beautiful indie title.
And I kinda hate it?