this post was submitted on 09 Dec 2023
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I would argue the original theft was when the publisher coerced creators to sign away their copyright power due to the monopoly the publisher has on the market: i.e. if you don't sign your rights away, you can't play.
In theory, creators could punish publishers by going on strike, but publishers abuse copyright law to remove potential competitors striking creators might flee to. The DMCA's overly broad application of DRM that also prevents creators from freeing their content from publishers also inhibits competition by increasing switching costs for customers who build up a library or DRM's content that they cannot transfer to another publisher.
Breaking up monopolies by restoring anti-trust law to a pre-Reagan state would prevent the original coersion-theft of rights from creators since creators could reassign copyright from misbehaving publishers, enabling customers to transfer their purchased libraries to another publisher.