Yes. I own the idea of "owning an idea", and you're infringing my ~~imaginary~~ intellectual property rights. You must pay the licensing fee, or be subject to legal consequences.
this post was submitted on 23 Apr 2024
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Yeah I get the whole its not enforceable thing but how is it justified ideologically?
It's not. It's just a necessary patch to capitalism. Without it there's no incentive to innovate.
It is rooted in the concept of copyright: the right to copy. Centuries ago that was a much more tangible process of labor.
The Press Act and Statue of Anne from England are kind of where the concept originated.
No. But you can have government/societal protections for sharing an idea.
I personally think IP law should have a fairly limited duration, only long enough for the holder to establish first mover advantage as a reward for publicly sharing details. Initial ideas:
- copyright - revert to the original 14 year duration (in the US), and consider going lower (like 10 years); derivative works should be encouraged
- patents - 5-7 years from application, one time renewal if it takes longer to bring to market
- trademark - current rules are fine, they're basically protecting against fraud
But none of this concerns ownership, but instead legal protections for sharing.