[free-sklyarov] Stealing is Stealing
Mark K. Bilbo
mark at blorch.org
Sat Aug 18 07:34:45 PDT 2001
Indeed, stealing IS stealing. And "content providers" must be stopped.
The intent of our Founders in creating copyright and patent is clear when one
reads what they actually wrote on the matter. None other than Thomas
Jefferson himself (heard of him?) rejected the concept of "property" in
regards to copyright and patents. Indeed, these things were properly viewed
as monopolies. Dangerous ones at that. Jefferson had misgivings about the
provision for monopolies for years after the ratification of our Constitution
and proposed to Madison an amendment be included in what we now know as the
Bill of Rights that would strictly limit copyright and patents to a specific,
non-renewable term.
The Founders had seen how these monopolies had been used in censorship and
oppression. They felt that empowering Congress to grant monopolies for a
limited time would be useful to society by encouraging "the useful arts and
sciences" but they certainly did not intend to create a "property right." The
provision granting the power to temporarily create intellectual monopoly is
in the same section of the Constitution that grants the power to create the
Post Office.
That is, it is merely a socially useful function. Not a "right." Nor are we,
the public, obligated to expend our tax money and police powers to "protect"
this nonexistent, newly fabricated "right."
Intellectual monopoly is a limited grant by we, the people, to creative
individuals for mutual benefit. And to the extent that the social contract is
being breached by greedy corporations, we--the people--are under no
obligation to subvert our legal system into a collection agency.
Nor are we, the people, obligated to continue to grant intellectual monopoly
if the "content providers" are hell bent on stealing our rights and
oppressing us. If the "content providers" have decided to fabricate "rights"
which do not exist and subvert our Constitution, we can--should we
choose--withdraw the protections of copyright and patent.
The corporate aristocracy needs to get it through their heads that we GRANT
these monopolies. We can WITHDRAW them if corporations abuse the process out
of short sighted greed.
And speaking of greed, you comment "...I can guarantee that book publishers
are not hell-bent on getting multiple fees from buyers of e-books who may
choose to legitimately use them on more than one device."
That's actually rather funny. Do you think us fools that we cannot see what
is going on? Book publishers are "hell-bent" on the pay-per-view model. They
would be quite happy if every time we, the public, read a single page, we'd
have to cough up another dollar.
It is interesting that the above lead in takes you to the comment that
"...the costs of intellectual property theft are simply factored into the
price legitimate customers pay. I'd be happier to pay for the use I need, and
not for the dishonesty of others."
Yes, the cost certainly is being "factored in." The cost of enforcing a
fictional "right" which is a creation of corporate greed. The cost is a man
threatened with being taken from his children because he reverse engineered a
software program.
I, myself, will not pay that price. Subverting the intent of the Founders and
damaging our reputation as a nation of freedom is much too high a price to
pay. And far, far too high a price for a product NOBODY WANTS.
I'm sure you've seen the survey in which some 75% of the public has rejected
electronic books in all forms. We just don't want your product. So apparently
corporations are fighting to protect a market that doesn't even exist.
But the corporate aristocracy has become fearful as rampant greed is prone to
instill in one. Here, even you provide an example with "And I think we all
know that the majority of people downloading and using the program Mr.
Sklyarov designed are expecting to get something for nothing."
How arrogant and hostile to view the public as "theives." The very same
public that grants these intellectual monopolies is being cast as grubby
peasants that will steal any chance they get. How dare you? And given that
you think such things of us, why should we continue to grant you and your
friends these monopolies? In fact, why shouldn't we simply public domain
everything and start over?
We can you know. Copyright and patent are NOT RIGHTS. They are mere services
like the Post Office. And when such services become injurous to our actual
rights, we can alter or abolish them (to paraphase Mr. Jefferson).
"Our entire industry is built on the idea that intellectual property has
value. "
If this is so, sir, I say we let your "industry" die. If this so called
"industry" requires subversion of the Founders' intent, then it should not be
allowed to exist.
If the cost of your profits is our oppression, then you are the true theives
who must be stopped.
"We're never going to build walls high enough or obstacles secure enough to
protect everything from cowards who choose to take what isn't rightfully
theirs."
Then if you are honorable people, you'll stop trying to scale those walls
with this fabricated grappling hook called "intellectual property."
The true cowards trying to take what isn't rightfully theirs are the
corporations hiding behind legalistic obfuscation as they make greedy power
grabs.
Stop the theives. Restore the Founders' intent. Let Dmitry go home.
Mark K. Bilbo
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