Night Ripper
 
  -1  
Reply Wed 14 Jul, 2010 01:44 pm
@joefromchicago,
joefromchicago wrote:
No, that's the difference between a bunch of blank pieces of paper and a novel.


Which has nothing to do with property rights. You're backpedaling.

joefromchicago wrote:
That's just a policy difference, not a theoretical one. Now that you've conceded that there can be intellectual property rights, the only question left is how far you're willing to take them.


Like I said, as long as your novel is scarce, you have rights over it. That's the only way property rights exist, based on scarcity. Also, like I said, as long as your novel is scarce, those rights are indistinguishable from the rights over the paper it's written on.

joefromchicago wrote:
Your position, on the other hand, is that there's no such thing as a property right in intellectual creations, based upon your notion that property rights inhere only in things that are scarce.


There are no property rights over non-scarce things. You're making a straw man. Like I already said, keep your novel locked away and let nobody read it and it's scarce. Let a single person read it and it's no longer scarce. Intellectual property rights will do you jack squat bit of good in that case. You're trying to prevent people from making unauthorized copies and your argument has utterly failed to accomplish that. You lose! Good day sir!

I didn't even bother to question the fact that just because you keep it locked away makes it scarce. Since after all, it's not scarce to you. You could make unlimited copies. So it's not scarce at all but I just let you run with that so you could hang yourself by seeing that it doesn't grant you what you want.
joefromchicago
 
  3  
Reply Wed 14 Jul, 2010 02:29 pm
@Night Ripper,
Night Ripper wrote:
Which has nothing to do with property rights. You're backpedaling.

No, it has to do with the nature of property. You can't seem to understand the distinction between the words on a piece of paper and the piece of paper. I'm just trying to help you out.

Night Ripper wrote:
Like I said, as long as your novel is scarce, you have rights over it. That's the only way property rights exist, based on scarcity. Also, like I said, as long as your novel is scarce, those rights are indistinguishable from the rights over the paper it's written on.

Like I said, you recognize rights in intellectual property, even if only in limited circumstances. Once you make that concession, any restrictions on the right are merely prudential, not theoretical.

Night Ripper wrote:
You lose! Good day sir!

What, you're not putting me on ignore? I feel cheated.

Night Ripper wrote:
I didn't even bother to question the fact that just because you keep it locked away makes it scarce. Since after all, it's not scarce to you. You could make unlimited copies. So it's not scarce at all but I just let you run with that so you could hang yourself by seeing that it doesn't grant you what you want.

No item is scarce to the person who owns it. So I guess that means that there's no property rights in anything.
Night Ripper
 
  0  
Reply Wed 14 Jul, 2010 02:40 pm
@joefromchicago,
joefromchicago wrote:
No item is scarce to the person who owns it.


So, you think that because I own a car that means that car is no longer scarce? No. Wrong. You don't understand scarcity if you think that. If an item is scarce that means it has a limited supply. You have an unlimited supply of copies of your novel so therefore it's not scarce. My car is still scarce even though I own it. I have a limited supply of that car.
joefromchicago
 
  3  
Reply Wed 14 Jul, 2010 02:58 pm
@Night Ripper,
Night Ripper wrote:
So, you think that because I own a car that means that car is no longer scarce? No. Wrong. You don't understand scarcity if you think that. If an item is scarce that means it has a limited supply. You have an unlimited supply of copies of your novel so therefore it's not scarce. My car is still scarce even though I own it. I have a limited supply of that car.

How can an item I own be scarce as to me? If I want a car, and I own a car, then I am not suffering from a scarcity of cars. From a supply-and-demand perspective, my demand for cars and the supply of cars is matched perfectly -- there is, in other words, no unmet demand for cars. How then could it be said that cars are scarce as to me?
Night Ripper
 
  -4  
Reply Wed 14 Jul, 2010 03:09 pm
@joefromchicago,
joefromchicago wrote:

Night Ripper wrote:
So, you think that because I own a car that means that car is no longer scarce? No. Wrong. You don't understand scarcity if you think that. If an item is scarce that means it has a limited supply. You have an unlimited supply of copies of your novel so therefore it's not scarce. My car is still scarce even though I own it. I have a limited supply of that car.

How can an item I own be scarce as to me? If I want a car, and I own a car, then I am not suffering from a scarcity of cars. From a supply-and-demand perspective, my demand for cars and the supply of cars is matched perfectly -- there is, in other words, no unmet demand for cars. How then could it be said that cars are scarce as to me?


You're playing word games again so let me cut right through the bull. There are two categories of things, those with a limited supply and those with an unlimited supply. Things with a limited supply are eligible for property rights. Things without an unlimited supply are not eligible for property rights. It doesn't matter who has access to the supply, whether it's just you or everyone. It doesn't matter if you have all you could ever want. If it's limited then property rights apply. If it's unlimited, they don't.

Your move.
0 Replies
 
Night Ripper
 
  0  
Reply Wed 14 Jul, 2010 03:35 pm
@joefromchicago,
joefromchicago wrote:
How can an item I own be scarce as to me? If I want a car, and I own a car, then I am not suffering from a scarcity of cars. From a supply-and-demand perspective, my demand for cars and the supply of cars is matched perfectly -- there is, in other words, no unmet demand for cars. How then could it be said that cars are scarce as to me?


You're playing word games again so let me cut right through the bull. There are two categories of things, those with a limited supply and those with an unlimited supply. Things with a limited supply are eligible for property rights. Things with an unlimited supply are not eligible for property rights. It doesn't matter who has access to the supply, whether it's just you or everyone. It doesn't matter if you have all you could ever want. If it's limited then property rights apply. If it's unlimited, they don't.

Your move.
joefromchicago
 
  3  
Reply Wed 14 Jul, 2010 05:13 pm
@Night Ripper,
Night Ripper wrote:
There are two categories of things, those with a limited supply and those with an unlimited supply. Things with a limited supply are eligible for property rights. Things with an unlimited supply are not eligible for property rights. It doesn't matter who has access to the supply, whether it's just you or everyone. It doesn't matter if you have all you could ever want. If it's limited then property rights apply. If it's unlimited, they don't.

Your move.

It's true that there would be no need for the institution of private property if everything were available in abundance. Scarcity, therefore, is a necessary condition for private property. But that's not the same thing as saying that scarcity is the basis for the right to private property. You have, in other words, confused the necessary condition for the substantive right. Given that you evidently can't tell the difference between blank pieces of paper and pieces of paper with a novel written on them, I'm not surprised.

Furthermore, although scarcity is a necessary condition for private property, it doesn't follow that only scarce things are subject to ownership. Air is probably the most abundant and limitless resource imaginable, but it is quite clear that people can own air. If you don't believe me, try scuba diving some time.

http://www.divex.co.kr/zbxe/free1/files/attach/images/9287/494/025/scuba-diver.jpg
"Help! Someone replaced the contents of my compressed air cylinder with Folger's Crystals!"

To conclude, as you have done, that items of intellectual creation are not subject to ownership because they are not scarce, therefore, ignores the fact that scarcity provides only a necessary condition for the institution of property, and that abundant things are still capable of being owned.

It also ignores the fact that items of intellectual creation are not abundant. Again, here you confuse the unique creation with the medium in which it is fixed. If you copy my novel, you're not creating a new novel, you're just making a copy of my novel. The expression contained on the pages remains the same, no matter how many copies are made. Different pieces of paper, same words. And we know the words are distinct from, and more valuable than, the paper because people are willing to pay more for the paper with the words on it than for the blank paper.

The fact that you can make limitless numbers of copies of my novel doesn't change the fact that it's still just a single novel. In that respect, therefore, the novel remains a unique production, and something that's unique is, perforce, scarce (so long as there's more than one person who actually wants it).
Night Ripper
 
  0  
Reply Wed 14 Jul, 2010 05:31 pm
@joefromchicago,
joefromchicago wrote:
Air is probably the most abundant and limitless resource imaginable, but it is quite clear that people can own air.


Haha, air may seem limitless to you but it's not. The total mean mass of the atmosphere is 5.148 × 10^18 kg. It's a lot but still has a limit.

joefromchicago wrote:
If you don't believe me, try scuba diving some time.


Compressed air is far more scarce than air but both are scarce.

joefromchicago wrote:
The fact that you can make limitless numbers of copies of my novel doesn't change the fact that it's still just a single novel.


The fact that it's a single novel doesn't change the fact that it's not scarce.
joefromchicago
 
  3  
Reply Wed 14 Jul, 2010 07:59 pm
@Night Ripper,
Night Ripper wrote:

joefromchicago wrote:
Air is probably the most abundant and limitless resource imaginable, but it is quite clear that people can own air.


Haha, air may seem limitless to you but it's not. The total mean mass of the atmosphere is 5.148 × 10^18 kg. It's a lot but still has a limit.

Now you're just being obtuse. Of course there's a limit to the amount of air, but then there's also a limit to the amount of paper, and a limit to the amount of computer memory, and a limit to the amount of anything in which one may fix a work of intellectual creation. If air is limited, then so are these things, which must mean that intellectual property is just as scarce as air. Besides, you base property rights on a commodity's scarcity, not on whether it's has any limits at all.

Night Ripper wrote:
Compressed air is far more scarce than air but both are scarce.

Compressed air is just air plus pressure. Not too many limits on either of those commodities.

Night Ripper wrote:
The fact that it's a single novel doesn't change the fact that it's not scarce.

Well, as I pointed out, you've mistaken a necessary condition for the substantive right. A pretty elementary error, really.
Night Ripper
 
  0  
Reply Wed 14 Jul, 2010 10:06 pm
@joefromchicago,
joefromchicago wrote:
Of course there's a limit to the amount of air, but then there's also a limit to the amount of paper, and a limit to the amount of computer memory, and a limit to the amount of anything in which one may fix a work of intellectual creation.


That's why paper and computer memory allow for property rights.

joefromchicago wrote:
If air is limited, then so are these things, which must mean that intellectual property is just as scarce as air.


It doesn't matter if the medium it can be fixed in is scarce because the art itself isn't scarce. In principle, if there were unlimited medium, so too would be there be unlimited copies. You're trying to transfer the scarcity of the medium to the art but that doesn't work. The scarcity belongs squarely with the medium.
joefromchicago
 
  3  
Reply Thu 15 Jul, 2010 06:52 am
@Night Ripper,
Night Ripper wrote:
It doesn't matter if the medium it can be fixed in is scarce because the art itself isn't scarce. In principle, if there were unlimited medium, so too would be there be unlimited copies. You're trying to transfer the scarcity of the medium to the art but that doesn't work. The scarcity belongs squarely with the medium.

So you do understand the difference between the creation and the medium in which it is fixed. Congratulations, that's a major step forward for you. Unfortunately, though, you're still mixed up about scarcity being a necessary condition for private property rather than the basis for the substantive right. Clearing up that confusion will, I predict, take a lot more work.
Night Ripper
 
  -1  
Reply Thu 15 Jul, 2010 11:25 am
@joefromchicago,
joefromchicago wrote:

Night Ripper wrote:
It doesn't matter if the medium it can be fixed in is scarce because the art itself isn't scarce. In principle, if there were unlimited medium, so too would be there be unlimited copies. You're trying to transfer the scarcity of the medium to the art but that doesn't work. The scarcity belongs squarely with the medium.

So you do understand the difference between the creation and the medium in which it is fixed. Congratulations, that's a major step forward for you. Unfortunately, though, you're still mixed up about scarcity being a necessary condition for private property rather than the basis for the substantive right. Clearing up that confusion will, I predict, take a lot more work.


I've already acknowledged that there is a difference in valuation. Did you forget that so soon?

Anyways, let me know when you have something to offer other than posturing.
joefromchicago
 
  3  
Reply Thu 15 Jul, 2010 11:48 am
@Night Ripper,
You started with the position that scarcity was the basis for property rights, when instead it is just a necessary condition for the institution of private property. That position, in turn, led you into all sorts of predictable problems (such as the still unresolved inconsistency that allows an author to have a property interest in a novel so long as it isn't made available to the public). And at the point that you were forced to argue that air was scarce, your entire argument pretty much descended into the lower depths of absurdity.

You are now left trying to define your way out of this mess, but it's unlikely that you'll be any more successful. You've argued that items that are non-scarce cannot be subject to ownership and that items which are currently subject to copyright shouldn't be capable of ownership because they're "non-scarce." Given that you think that even air is "scarce," however, it seems that the only things that qualify as "non-scarce" are those items which are currently subject to copyright. Consequently, your argument really becomes: "items which are currently subject to copyright shouldn't be capable of ownership because they're items that are subject to copyright." That's an argument that is remarkably similar to the one that jackowens put forward on his gay marriage thread. It's not an argument, it's an ipse dixit.

Once you maintain that you're correct because you say so, there's really nothing left to discuss. It has been interesting, though, and I enjoyed the mental challenge that it briefly provided. Anyways, let me know when you have something to offer other than your "sez me."
Night Ripper
 
  0  
Reply Thu 15 Jul, 2010 11:58 am
@joefromchicago,
joefromchicago wrote:

You started with the position that scarcity was the basis for property rights, when instead it is just a necessary condition for the institution of private property.


No, the fact that something is limited is both necessary and sufficient for it have property rights.

Air is limited. Ideas are not.

The rest of your post is a straw man and not worth responding to.
melonkali
 
  1  
Reply Thu 15 Jul, 2010 12:50 pm
@drillersmum,
drillersmum wrote:

I started reading these posts because of the keywords 'copyright infringement'. Recently a music group "Men At Work" were ordered by a judge to pay out 5% of their royalties from one of their songs to 'Larriken' company simply because a few notes on a flute in one of their songs "Down Under" sounded a bit like a song written decades ago. Well, some people, even the judge, reckon the tunes on the flute sounded very much like a very old song called "Kookaburra". The ironic thing is that no one ever connected the old song "Kookaburra" to the Men At Work's song "Down Under" until it was mentioned on a tv show "Spicks and Specks" many years after it was released.
Until this happened I never really gave much thought to copyright ... I think I know the rules. I understand the concept and why it is necessary to have such laws. What I can't figure out is this... if a new song is written... and just a few notes in that song seem to resemble some notes in another previous song... how can the copyright police attack the composer of the newer song if there was no intent or even knowledge that another song existed in the first place with similar notes.
Sorry, but this latest issue with "Men At Work" vs "Larriken" has really annoyed my sense of justice. In closing I have to mention that initially Larriken wanted 60% of the royalties from the song. I'm glad they never got what they asked for. And hopefully all the new publicity for the song "Down Under" will more than make up for the 5% in royalties that have to be paid to Larriken who bought the copyright to the song for $60,000. (Big sighs)


Apart from copyright issues on actual recordings of music...

I haven't read up on music copyright in a few years, but back when hubby and I worked with "traditional" music, we questioned how a modern composer (examples: Bob Dylan, Paul Simon) could claim copyright on a centuries-old "traditional" song. At that time, the accepted standard was that you could not borrow a modern composer's arrangement of the song (or any copyrighted arrangement of any song). There were court cases in which the copyrighted arrangement differed significantly enough from known sources for the original traditional song that "borrowing" the new arrangement was fairly obvious. In such cases, the burden of proof was on "the borrower" to evidence that he had another non-copyrighted source for a similar rendition of the song.

Apart from cases of ye olde law re: obviously-stolen 8 or more bars, judicial verdicts regarding copyright were egregiously subjective, at least years ago, although I can't imagine any kind of "hard" standard which would be universally applicable. Have the rules changed?

rebecca

joefromchicago
 
  3  
Reply Thu 15 Jul, 2010 01:15 pm
@Night Ripper,
Night Ripper wrote:
No, the fact that something is limited is both necessary and sufficient for it have property rights.

Necessary or sufficient, it doesn't matter. You still confuse the condition for the right itself.

Night Ripper wrote:
The rest of your post is a straw man and not worth responding to.

Yeah, that's a lot easier than actually coming up with a response.

You lose! Good day sir!
0 Replies
 
parados
 
  1  
Reply Thu 15 Jul, 2010 01:24 pm
@Night Ripper,
Quote:
Air is limited. Ideas are not.


Air is made up of atoms.
Atoms are contained throughout the universe.
The universe could well be infinite which would mean air is infinite and not limited.
Night Ripper
 
  1  
Reply Thu 15 Jul, 2010 01:39 pm
@parados,
parados wrote:
The universe could well be infinite which would mean air is infinite and not limited.


Can you provide evidence that the universe is infinite? If not then it's speculation and nothing more. You're also ignoring practicalities. There may be other planets full of air but we can't reach them. There would still be a limit on the amount of air we can reach. No matter how you slice it, air is limited for all intents and purposes.
melonkali
 
  0  
Reply Thu 15 Jul, 2010 01:49 pm
Re: "parody" or "satire" as "fair use" (in music)

I've grown cranky about people stealing the melody from another copyrighted song, putting different lyrics to said melody, and calling it "parody" ("filk" folks and some Christian musicians are particularly guilty of this error). Holders of the original copyright usually choose not to bother with a lawsuit because the borrower's audience is small and does not infringe on marketing the original.

There are even judicial verdicts in the U.S. which reflect a misunderstanding of "parody". The art of true parody critiques (usually humorously) the original work, and (at least per my observations), requires a high degree of skill, talent and cleverness. An example of true parody would be Weird Al's song "Smells Like Nirvana" in which WA is unquestionably mimicking (with exaggerated flourish) Cobain's (RIP) performance style, while singing the lyrics, "now i'm mumbling" -- "NOW I'M SCREAMING"... This clearly qualifies as a humorous "critique" of the original song and its performance.

Perhaps my irritation about this issue is a bit extreme, but I really, really, really appreciate GOOD musical parody and satire (especially in classical music, which, while generally copyright free, also usually requires a very high skill level -- as well as clever ideas -- to produce genuinely entertaining parodies and satirical works). Today's over-abundance of faux-parody songs (most of them junk) probably does reduce public appreciation (and market value) for these all-too-rare artists.

Two examples of great (IMO) classical music satire:

Igudesman and Joo's "Rachmaninov Big Hands" routine (you can't help but admire the technical skill level involved in this one):

http://www.youtube.com/watch?v=ifKKlhYF53w

And one of I&J's most popular Youtube vids: I&J "unique" way of exposing a well-known pop song's melody as stolen directly from the 2nd movement of a Rachmaninov piano concerto. This one never grows old, always leaves me ROTFL.

http://www.youtube.com/watch?v=fZ1uk7hdM7o&feature=fvst

rebecca
0 Replies
 
parados
 
  2  
Reply Thu 15 Jul, 2010 01:55 pm
@Night Ripper,
Quote:
Can you provide evidence that the universe is infinite?

Can you provide evidence that ideas are infinite?

If not then it's speculation and nothing more.

Wow.. that was easy. Your argument just feel apart using your logic.

 

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