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A comparison with physical goods is pretty much irrelevant. If you take away copyright, you take away a limitation on others, but don't prevent the creator of the work from enjoying the work itself.

There is a reason copyright law and property law are universally separate: One creates an artificial restriction on the public to prevent them from doing something which would not take away the freedom to act of the creator of the work, the other places restrictions on the public to prevent them from taking away the freedoms of the owner of something, who would be deprived of the use of what is stolen.

Pretty much every legal system on earth recognizes that these are fundamentally different, and pretty much every one of them recognize that copyright protection is a tool putatively intended for the benefit of society - not created to protect against injustice.



If my only options for what to do with my digital works are to keep them to myself, or release them unhindered into the public domain, then in some cases I would not release at all.

I do not want music I have composed to be used in risqué films; I do not want software that I released under the GPL to be assimilated into proprietary products; etc. If by releasing my work to the public I relinquish all control, then I can do nothing to enforce my wishes.

Is it better for the public that I do not release anything that I am not willing to let be used in any fashion whatsoever? Or is it better that I do release, but assert copyright restrictions on how the public may use my works (which they wouldn't have at all if I kept them to myself)?




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