[OT] - does IP exist?

[Steven Schveighoffer]

I'll make this one post with my opinion, respond if you wish, I won't 
answer.  But nobody's really brought this point up.

Violating copyright law is illegal.  Whether you think you are in the right 
or not, it doesn't matter.  I happen to think that the copyright law is 
pretty fair, except for the DMCA, and the ability to hold a copyright pretty 
much indefinitely.  The whole point of copyright law is to allow people to 
share media without losing your ability to make money from it.  Not ideas, 
but the actual media, whether it be written, audio, video, etc.  The point 
is that it costs a lot of money to make this media, and if there is not some 
protection from copying, people will not want to share it or make it, and 
that has a chilling effect on society.

Copying music, movies, software, etc. for the purposes of Fair Use is 
perfectly legal.  Fair use means, if I have a CD, and I want to make an MP3 
of it, I can copy it so long as I do not give it to someone else so that 
both of us have the same thing.  I would consider copying a piece of 
software to multiple computers in my own household Fair Use, or burning a CD 
for my wife Fair Use.  But I would not consider copying a piece of software 
to all my friends' houses Fair Use.

The problem with all your ranting about how software should be free is, it 
doesn't really matter.  If they fine you $10k, then will it matter to you? 
If the throw you in jail, then will it matter to you?  No matter whether you 
think its right or not, it doesn't matter.  The law is what matters, and for 
better or worse, you have to obey it, or you face criminal penalties.  Just 
ask the poor shmucks who all got sued by the music industry if they care 
anymore whether downloading music illegally is right or not.  They might 
tell you they still think it's ok, but I'm pretty sure they ain't doing it 
again :)

I can't say the same for DMCA, because I think it violates free speech.  I 
think eventually, this law will be overturned if someone pushes it hard 
enough.

If I can come to your house and take your car, does it mean it's ok?  It's 
possible to do, so it should be OK, right?  What you have to understand is 
just because something is possible, doesn't mean it's ok.

-Steve