Your entire premise is based upon on a couple of misunderstandings.
First, on a technical note regardless if you have bought a physical disk or downloaded a digital copy you are still bound by an end user licensing agreement. The real historical difference amounts to a right to resale. There is no reason why, other than corporate greed, that we cannot resale our digital copies. Ideally this right should be restored by clarifying you own a single transferable copy of the code.
Second, I think you make some important points that deserve to be discussed. You pack a lot of information in a very small amount of space which is very impressive. I am concerned that your points may be missing some important context. Also, when you bring morality into the discussion it makes me want to climb up on a metaphorical soap box because I see things very differently from a moral perspective.
For thousands of years there was no Intellectual Property (IP). Artist copied each other as they always did and still do to this day. No ownership was needed or expected because all art and science is inherently iterative. What you accept as reality is really the modern “fluke” only existing in the last few hundred years.
On a minor point, you also seem to confuse art and science with commerce. The majority of art is never intended for commercial sale. It is actually a very small amount that is created solely for commercial sale, yet we spend a disproportionate amount of time discussing it. It is important to point out this distinction otherwise we reduce all art to monetary value when in reality that is not the reason it is created.
Science cannot exist without iteration. Our current system simply transfers science developed by individuals, often with public funding, to corporations. We will also see this theme in IP where corporations take their employee’s work for their benefit and even worse, non-employee’s work as well.
Every once in awhile we will hear about an artist or scientist suing and winning against a major corporation, thus reinforcing the IP propaganda that it defends the little guy. The reality is these are the exceptions not the rule. It is not surprising though, by granting such an insane right of artificial scarcity that it would be abused by capital. This reality taints all IP and not bringing it up is a disservice to the discussion.
From patent trolls to copyright scammers the reality is the little guy is the one who gets continuously screwed. So many people’s life works have been stolen from them by corporations. This realization should make anyone skeptical of these rights when they are continuously abused by corporations.
Due to these capilitistic designs the small percentage of commercial creator’s rights are usually taken by corporations. This system is highlighted by the reality seen in the record industry and the fact that very few preformers own their own works. This shows us it is about protecting corporations and not non-wealthy individuals like you or I.
Most people don’t realize that defending copyright or patents take years and hundreds of thousands if not millions of dollars. This system is extremely inaccessible to individuals unless they are wealthy and can hire proxies to litigate and disseminate their lies for them. This creates perverse incentives that allow corporations to take other’s rights.
The very foundation of the US was based on intellectual piracy with the founding fathers encouraging it to build American industry. This can be seen in modern day with countries like China (although I feel they are no longer borrowing as much because of their amazing innovations). Thomas Jefferson is a famous inventor who basically paid other people to do all the work, remind you of Musk much. We must recognize that we have always ignored IP when it suits us. This can be seen with AI right now.
Back to morality and IP. The concept that a creator gets to benefit from the same labour over and over again through artificially scarcity enforced by the state is pretty ridiculous honestly. It is absurd on its face and an affront to how most people earn a living. People may deserve compensation, but not an endless revenue stream.
Once again, this is rarely about the individual as corporations and the wealthy are the primary beneficiaries of these legal rights that they have spent hundreds of years lobbying the state and the court systems for.
Indeed the origin of copyright was about control and censorship and not protect individuals rights. I will admit that when it comes to IP, patents did have slightly more honest beginnings by forcing the grantee to expose how their inventions works as an actual public good. Regardless of this one benefit to the public, the patent is inherently a tool of control as well.
We can see how modern day industry has been shaped by abusing and misusing the right of patent. Creating an impossible barrier to entry, blocking competition, effectively endlessly renewing patents as seen in the pharmaceutical industry, patenting concepts others have developed because of first to file rights, patenting concepts that do not meet the the proper standards by regulatory capture, etc all show the system is broken and is merely a tool for the wealthy to manipulate the market
Capturing art on physical media is not new as evidenced by as far back as cave art and countless other examples throughout human history. Technology certainly changes the equation, but your argument that this has lead to consumer entitlement is bizarre. I suppose your trying to say by owning a copy of the movie the consumer also feels they “own” the movie itself. I won’t discount some people may believe this, but I also don’t think this is a realistic assessment of the situation.
There is a major problem when you lump code in with other creative works. I won’t spend too much time on this because it is a rather large topic. What I will say is the creator doesn’t own the code because just like math there is often an obvious way to the solution. You should never be able to own a solution under system of enforced artificial scarcity. Software patents are absolute garbage that stifle creativity.
I am glad you recognize the difference between digital goods and physical goods. I think you come to very contradictory and dystopian conclusions then I would though.
In your world no one owns anything digitally because “creator” aka the corporation needs moar money. You pay to be able to grace yourself with their amazing talent for but a brief moment.Your digital media is not yours and can be taken away at any time. Your game can charge you every time you play it, you operating system is spyware because the owner of the software wants it to be.
In my world I pay for my hardware. Keeping those zeros and ones alive is something I pay for not them. I pay for the hardware, electricity, and connection to the Internet. I pay to upgrade and maintain it. I have invested interest and a right to my property. I am not paying for an experience. I am paying for a file and once I have possession of the file it is mine to do with what I want. This is digital reality.
Your argument seems to be copyright maximalist crossed with corporate shill. I also find your argument devolves into almost a moral panic of technology. A lot of what you criticize is similar to what people said about records and photography. Interestingly these arguments are currently being used against AI. I think you may enjoy this link.
Equating labor to copying ones and zeros is pretty comical. The reason an artist is paid is they perform. Insane copyright laws have lead to bizarre situations like car mechanics in England getting sued for listen to music while they work on cars because customers might hear it and they don’t have the performance rights.
I will leave you with this conundrum.
There is only one way to truly protect your art. Never share it with anyone. There is only one way to prove your work is truly original. Be raised by wolves never interacting with humans and produce great works of art without using any frame of reference other than the ones you invented yourself in a vacuum. Only then is your art truly original and protected.
You have written a sprawling critique of the pharmaceutical industry, patent law, and the modern record label, none of which changes the mechanical reality of how software operates. You are fighting a phantom of corporate capitalism to justify why you shouldn’t have to abide by a software license.
You argue that digital copies should have a right of resale. What is incredibly ironic about this demand is that the gaming industry actually built this exact system, and it was destroyed by the very same misdirected moral outrage you are peddling right now. Prior to the launch of the Xbox One and PS4, both Microsoft and Sony had the infrastructure built and ready to go for a fully digital marketplace that would allow digital entitlement sales and the ability to loan digital games to friends for set periods of time. To make that work, it required digital check-ins to verify the license transfers. When Microsoft announced this plan at E3 in 2013, a vocal minority of gamers kicked up such a massive fuss about physical ownership that Microsoft’s stock tanked and they completely backpedaled. Sony, who had the exact same infrastructure already baked into their dev kits and system software, watched the backlash, scrapped their announcement, and presented the exact opposite plan eight hours later just to look like the hero. Both companies had to scramble to completely reengineer their hardware and system software before launch. Consumers could have had a digital resale market a decade ago, but they killed it themselves because they refused to accept the digital infrastructure required to make it function.
You state that because you pay for your PC, your hard drive, and your electricity, the files on it belong to you. That is identical to arguing that because you bought a television and pay your own electric bill, you own the broadcasting rights to the shows you watch. You own the storage medium. You do not own the proprietary architecture temporarily housed on it.
You claim code is just obvious math and shouldn’t be owned. A mathematical formula is a universal truth. A modern video game or digital platform is millions of lines of highly specific, creative architecture designed to interface with servers, databases, and rendering pipelines. Claiming a software platform is just math is like claiming a skyscraper is just physics, therefore you should be legally entitled to own a room in it for free.
Most importantly, you are still deliberately ignoring the reality of ongoing labor. You claim that paying for a digital service is an absurd endless revenue stream for a single creation, and you compare it to cave art. Cave art does not have a monthly server hosting bill. A digital ecosystem is not a static painting on a wall; it requires continuous database management, network hosting, and security patching to remain functional. You claim that equating labor to copying ones and zeros is comical, yet you demand permanent access to these systems while conveniently leaving out who is supposed to pay the engineers to do the daily maintenance that keeps your ones and zeros alive.
You can wax poetic about how art should be free from commerce and how society should iterate without intellectual property. But the moment you demand that a developer hand over a functioning, patched, lifetime supported software file for a single upfront fee, you aren’t fighting against a dystopia. You are just demanding that someone else perform ongoing labor for you for free.
The ultimate irony of your manifesto against corporate greed is that you are deploying the exact same economic logic as the nineteenth century industrial capitalists you claim to despise. By demanding perpetual, lifetime ownership of a live digital service for a single upfront fee, you are completely alienating the software from the daily human labor required to sustain it. You view the ongoing work of engineers, database managers, and server technicians not as a continuous, mutual exchange of value, but as an endlessly extractable resource that you are inherently owed. You are utilizing the rhetoric of the working class while making the exact demands of a robber baron: insisting that the labor of others must be cheap, permanent, and placed entirely at your absolute disposal.
I wrote the context of IP which you hand wave all of history and reality away to double down on your point that software is somehow different. To be blunt, it isn’t.
I am not fighting anything, just giving an obvious critique of a broken system. The only person defending anything is you.
You deny the right of resale and can’t even state a real reason for this and instead blame it on the consumer. This is because only someone acting like a bootlicking corporate loser would think people don’t have the right to resale their property and that they don’t actually own anything. This is what is counterintuitive to everyone. You want to destroy ownership because it serves your masters. That is all that is going on here.
Neither Sony nor Xbox ever seriously contemplated a digital resale system. You can’t just make up facts. Xbox did propose a system that would heavily restrict game sharing and allow retailers to conduct digital and physical transfers. The problem is you could no longer share a disk with a friend without their designated 3rd party being involved.
You place all the onus on their infrastructure but with a distributed system not bent solely on corporate control, everything you describe is simply not necessary. Also, I have been in the server space so I know you could run an authorization server for less that $100 a year. I am am sure Sony and Xbox couldn’t afford this enormous burdensome cost.
Comparing a dumb receiver like a TV to a computer is silly. Furthermore it ignores that people did record the information they received with the advent of the VHS. I find it ironic that you are taking corporations side in this argument and that you would have been up against Mr. Rogers when they tried to ban VHS.
You know you have a bad argument if you are against Mr. Rogers. This also highlights your profound ignorance of history and technology. It makes your argument very weak in my opinion.
You clearly don’t understand the IP system in regards to software. You make so many obviously silly arguments and ignore the evidence. While code is copyrightable, ideas, algorithms, and functionality is not. You entire argument is based on misunderstanding as I said in the beginning. You are probably thinking of software patents which I personally find extremely distasteful for the reasons I have already mentioned.
I said that IP itself is an absurd principle because it relies on creating artificial scarcity. You say cave art isn’t the same because it has no monthly bill. This highlights how much less digital content is worth. You can’t even access it without expensive hardware and Internet. Cave art is actually worth much more because of its tangible non-connected nature. This reality teaches us purely digital products should be much much cheaper than their physical counterparts.
You have constructed quite the strawman saying gamers are demanding a single purchase and indefinite support. The problem is, you are the only one saying this. I would recommend looking up Stop Killing Games movement to understand what people are actually asking for.
They aren’t asking for companies to indefinitely host content. What they are asking for is for companies to stop killing games when they can easily turn off server checks once they have decided to stop supporting a game. Essentially corporations want their cake and to eat it to thus destroying art in the name of commerce.
You make lots of other insane claims that I am not going to bother shooting down because frankly, it is not worth it. Thanks for talking with me.
Your entire premise is based upon on a couple of misunderstandings.
First, on a technical note regardless if you have bought a physical disk or downloaded a digital copy you are still bound by an end user licensing agreement. The real historical difference amounts to a right to resale. There is no reason why, other than corporate greed, that we cannot resale our digital copies. Ideally this right should be restored by clarifying you own a single transferable copy of the code.
Second, I think you make some important points that deserve to be discussed. You pack a lot of information in a very small amount of space which is very impressive. I am concerned that your points may be missing some important context. Also, when you bring morality into the discussion it makes me want to climb up on a metaphorical soap box because I see things very differently from a moral perspective.
For thousands of years there was no Intellectual Property (IP). Artist copied each other as they always did and still do to this day. No ownership was needed or expected because all art and science is inherently iterative. What you accept as reality is really the modern “fluke” only existing in the last few hundred years.
On a minor point, you also seem to confuse art and science with commerce. The majority of art is never intended for commercial sale. It is actually a very small amount that is created solely for commercial sale, yet we spend a disproportionate amount of time discussing it. It is important to point out this distinction otherwise we reduce all art to monetary value when in reality that is not the reason it is created.
Science cannot exist without iteration. Our current system simply transfers science developed by individuals, often with public funding, to corporations. We will also see this theme in IP where corporations take their employee’s work for their benefit and even worse, non-employee’s work as well.
Every once in awhile we will hear about an artist or scientist suing and winning against a major corporation, thus reinforcing the IP propaganda that it defends the little guy. The reality is these are the exceptions not the rule. It is not surprising though, by granting such an insane right of artificial scarcity that it would be abused by capital. This reality taints all IP and not bringing it up is a disservice to the discussion.
From patent trolls to copyright scammers the reality is the little guy is the one who gets continuously screwed. So many people’s life works have been stolen from them by corporations. This realization should make anyone skeptical of these rights when they are continuously abused by corporations.
Due to these capilitistic designs the small percentage of commercial creator’s rights are usually taken by corporations. This system is highlighted by the reality seen in the record industry and the fact that very few preformers own their own works. This shows us it is about protecting corporations and not non-wealthy individuals like you or I.
Most people don’t realize that defending copyright or patents take years and hundreds of thousands if not millions of dollars. This system is extremely inaccessible to individuals unless they are wealthy and can hire proxies to litigate and disseminate their lies for them. This creates perverse incentives that allow corporations to take other’s rights.
The very foundation of the US was based on intellectual piracy with the founding fathers encouraging it to build American industry. This can be seen in modern day with countries like China (although I feel they are no longer borrowing as much because of their amazing innovations). Thomas Jefferson is a famous inventor who basically paid other people to do all the work, remind you of Musk much. We must recognize that we have always ignored IP when it suits us. This can be seen with AI right now.
Back to morality and IP. The concept that a creator gets to benefit from the same labour over and over again through artificially scarcity enforced by the state is pretty ridiculous honestly. It is absurd on its face and an affront to how most people earn a living. People may deserve compensation, but not an endless revenue stream.
Once again, this is rarely about the individual as corporations and the wealthy are the primary beneficiaries of these legal rights that they have spent hundreds of years lobbying the state and the court systems for.
Indeed the origin of copyright was about control and censorship and not protect individuals rights. I will admit that when it comes to IP, patents did have slightly more honest beginnings by forcing the grantee to expose how their inventions works as an actual public good. Regardless of this one benefit to the public, the patent is inherently a tool of control as well.
We can see how modern day industry has been shaped by abusing and misusing the right of patent. Creating an impossible barrier to entry, blocking competition, effectively endlessly renewing patents as seen in the pharmaceutical industry, patenting concepts others have developed because of first to file rights, patenting concepts that do not meet the the proper standards by regulatory capture, etc all show the system is broken and is merely a tool for the wealthy to manipulate the market
Capturing art on physical media is not new as evidenced by as far back as cave art and countless other examples throughout human history. Technology certainly changes the equation, but your argument that this has lead to consumer entitlement is bizarre. I suppose your trying to say by owning a copy of the movie the consumer also feels they “own” the movie itself. I won’t discount some people may believe this, but I also don’t think this is a realistic assessment of the situation.
There is a major problem when you lump code in with other creative works. I won’t spend too much time on this because it is a rather large topic. What I will say is the creator doesn’t own the code because just like math there is often an obvious way to the solution. You should never be able to own a solution under system of enforced artificial scarcity. Software patents are absolute garbage that stifle creativity.
I am glad you recognize the difference between digital goods and physical goods. I think you come to very contradictory and dystopian conclusions then I would though.
In your world no one owns anything digitally because “creator” aka the corporation needs moar money. You pay to be able to grace yourself with their amazing talent for but a brief moment.Your digital media is not yours and can be taken away at any time. Your game can charge you every time you play it, you operating system is spyware because the owner of the software wants it to be.
In my world I pay for my hardware. Keeping those zeros and ones alive is something I pay for not them. I pay for the hardware, electricity, and connection to the Internet. I pay to upgrade and maintain it. I have invested interest and a right to my property. I am not paying for an experience. I am paying for a file and once I have possession of the file it is mine to do with what I want. This is digital reality.
Your argument seems to be copyright maximalist crossed with corporate shill. I also find your argument devolves into almost a moral panic of technology. A lot of what you criticize is similar to what people said about records and photography. Interestingly these arguments are currently being used against AI. I think you may enjoy this link.
https://medium.com/@elarson39/photography-was-historically-considered-arts-most-mortal-enemy-is-ai-69a2dc2f43ef
Equating labor to copying ones and zeros is pretty comical. The reason an artist is paid is they perform. Insane copyright laws have lead to bizarre situations like car mechanics in England getting sued for listen to music while they work on cars because customers might hear it and they don’t have the performance rights.
I will leave you with this conundrum.
There is only one way to truly protect your art. Never share it with anyone. There is only one way to prove your work is truly original. Be raised by wolves never interacting with humans and produce great works of art without using any frame of reference other than the ones you invented yourself in a vacuum. Only then is your art truly original and protected.
You have written a sprawling critique of the pharmaceutical industry, patent law, and the modern record label, none of which changes the mechanical reality of how software operates. You are fighting a phantom of corporate capitalism to justify why you shouldn’t have to abide by a software license.
You argue that digital copies should have a right of resale. What is incredibly ironic about this demand is that the gaming industry actually built this exact system, and it was destroyed by the very same misdirected moral outrage you are peddling right now. Prior to the launch of the Xbox One and PS4, both Microsoft and Sony had the infrastructure built and ready to go for a fully digital marketplace that would allow digital entitlement sales and the ability to loan digital games to friends for set periods of time. To make that work, it required digital check-ins to verify the license transfers. When Microsoft announced this plan at E3 in 2013, a vocal minority of gamers kicked up such a massive fuss about physical ownership that Microsoft’s stock tanked and they completely backpedaled. Sony, who had the exact same infrastructure already baked into their dev kits and system software, watched the backlash, scrapped their announcement, and presented the exact opposite plan eight hours later just to look like the hero. Both companies had to scramble to completely reengineer their hardware and system software before launch. Consumers could have had a digital resale market a decade ago, but they killed it themselves because they refused to accept the digital infrastructure required to make it function.
You state that because you pay for your PC, your hard drive, and your electricity, the files on it belong to you. That is identical to arguing that because you bought a television and pay your own electric bill, you own the broadcasting rights to the shows you watch. You own the storage medium. You do not own the proprietary architecture temporarily housed on it.
You claim code is just obvious math and shouldn’t be owned. A mathematical formula is a universal truth. A modern video game or digital platform is millions of lines of highly specific, creative architecture designed to interface with servers, databases, and rendering pipelines. Claiming a software platform is just math is like claiming a skyscraper is just physics, therefore you should be legally entitled to own a room in it for free.
Most importantly, you are still deliberately ignoring the reality of ongoing labor. You claim that paying for a digital service is an absurd endless revenue stream for a single creation, and you compare it to cave art. Cave art does not have a monthly server hosting bill. A digital ecosystem is not a static painting on a wall; it requires continuous database management, network hosting, and security patching to remain functional. You claim that equating labor to copying ones and zeros is comical, yet you demand permanent access to these systems while conveniently leaving out who is supposed to pay the engineers to do the daily maintenance that keeps your ones and zeros alive.
You can wax poetic about how art should be free from commerce and how society should iterate without intellectual property. But the moment you demand that a developer hand over a functioning, patched, lifetime supported software file for a single upfront fee, you aren’t fighting against a dystopia. You are just demanding that someone else perform ongoing labor for you for free.
The ultimate irony of your manifesto against corporate greed is that you are deploying the exact same economic logic as the nineteenth century industrial capitalists you claim to despise. By demanding perpetual, lifetime ownership of a live digital service for a single upfront fee, you are completely alienating the software from the daily human labor required to sustain it. You view the ongoing work of engineers, database managers, and server technicians not as a continuous, mutual exchange of value, but as an endlessly extractable resource that you are inherently owed. You are utilizing the rhetoric of the working class while making the exact demands of a robber baron: insisting that the labor of others must be cheap, permanent, and placed entirely at your absolute disposal.
I wrote the context of IP which you hand wave all of history and reality away to double down on your point that software is somehow different. To be blunt, it isn’t.
I am not fighting anything, just giving an obvious critique of a broken system. The only person defending anything is you.
You deny the right of resale and can’t even state a real reason for this and instead blame it on the consumer. This is because only someone acting like a bootlicking corporate loser would think people don’t have the right to resale their property and that they don’t actually own anything. This is what is counterintuitive to everyone. You want to destroy ownership because it serves your masters. That is all that is going on here.
Neither Sony nor Xbox ever seriously contemplated a digital resale system. You can’t just make up facts. Xbox did propose a system that would heavily restrict game sharing and allow retailers to conduct digital and physical transfers. The problem is you could no longer share a disk with a friend without their designated 3rd party being involved.
You place all the onus on their infrastructure but with a distributed system not bent solely on corporate control, everything you describe is simply not necessary. Also, I have been in the server space so I know you could run an authorization server for less that $100 a year. I am am sure Sony and Xbox couldn’t afford this enormous burdensome cost.
Comparing a dumb receiver like a TV to a computer is silly. Furthermore it ignores that people did record the information they received with the advent of the VHS. I find it ironic that you are taking corporations side in this argument and that you would have been up against Mr. Rogers when they tried to ban VHS.
https://youtu.be/fKy7ljRr0AA?is=zKKOPioX98SbG7IE
You know you have a bad argument if you are against Mr. Rogers. This also highlights your profound ignorance of history and technology. It makes your argument very weak in my opinion.
You clearly don’t understand the IP system in regards to software. You make so many obviously silly arguments and ignore the evidence. While code is copyrightable, ideas, algorithms, and functionality is not. You entire argument is based on misunderstanding as I said in the beginning. You are probably thinking of software patents which I personally find extremely distasteful for the reasons I have already mentioned.
I said that IP itself is an absurd principle because it relies on creating artificial scarcity. You say cave art isn’t the same because it has no monthly bill. This highlights how much less digital content is worth. You can’t even access it without expensive hardware and Internet. Cave art is actually worth much more because of its tangible non-connected nature. This reality teaches us purely digital products should be much much cheaper than their physical counterparts.
You have constructed quite the strawman saying gamers are demanding a single purchase and indefinite support. The problem is, you are the only one saying this. I would recommend looking up Stop Killing Games movement to understand what people are actually asking for.
https://www.stopkillinggames.com/en
They aren’t asking for companies to indefinitely host content. What they are asking for is for companies to stop killing games when they can easily turn off server checks once they have decided to stop supporting a game. Essentially corporations want their cake and to eat it to thus destroying art in the name of commerce.
You make lots of other insane claims that I am not going to bother shooting down because frankly, it is not worth it. Thanks for talking with me.