LS, I think that we may in fact be talking past each other. If you’re willing to concede that by copying a book/software/etc when you had agreed in contract not to do so, you would be
then I think that we have no dispute. It would follow that if you’re agreeing that you are able to sign a contract limiting your action in exchange for the use of the goods, that this is a way for the market to enforce copyright, withouthe the coersion of the state. Granted, you say you wouldn’t want to sign the contract, or it would be a hassle to buy a book and have to sign all these documents, but if it was the only way to get at most books, wouldnt you? Authors could choose to give away their books for free, or sell them online and hope that people still chose to pay. Or they could choose to sell them through publishing companies that would require these types of contracts. Ditto with software, the author could put the ELA contract on it or give it away free.
Same with inventions, such as my cold fusion example. You keep mentioning my using the state to claim monopoly on the idea. I never suggested such. I have said that if someone came up with it independently, they have as much right to it as I. But if they came into my plant and copied my design (and they couldn’t enter the premesis of my plant w/o signing a contract that they wouldnt use anything they saw for their own profit) they are clearly in violation of a contract. So you dont have to agree that copyrightable materials are property. You merely have to agree to the sanctity of contract to limit your action. The market would quickly determine if the ideas were of value, or necessary. The contention Jack and I make are that they are. But we argue to enforce the creator’s rights through this measure of contracts, not government coercion. I don’t think we have a disconnect on this issue after all, you’re merely assuming that we’re referencing the state, when we are in fact not. Easy to make that mistake with all the other people on this thread muddling each other’s positions ![]()