How much property can it take? And when should it give it back?
That’s a bad comparison. If I wanted, I could lawfully use physical force to remove someone from my property. But no one would tolerate if I took someone hostage and tortured them, even if knowledge of such helped prevent future trespass.
So what’s the just way of rectifying IP violation? Tell them to stop? Ask them for their market cost of each illegal distribution? Really, the “damages” are simply impairment of a market position. Why should anyone be guaranteed a market position?
The only case for IP rests upon voluntarily-agreed-upon contracts, but this is flimsy as the contracts do not describe property transfers but expected behaviors. They “work” while they are followed, but what is their just resolution upon breach? There is none. We might as well consider contracts in which one party guarantees another’s reputation as legitimate.
No - the point of a justice system is justice. Penalizing prior injustices excessively is new injustice. Or maybe you approve of the days of chopping off theives hands?
The point was that IP isn’t a discussion about justice but about class warfare. Violators are a criminal class that cease to have rights. Their property can be seized, upon what basis? Did they ever agree to a contract with the IP owner that justified such invasion upon its breach?
Whatever. Can you answer the question - on what moral grounds can one claim a monopoly right to a market position?