Dorkman wrote:TheGreg wrote:The fact is that you cannot own an idea.
You're right. But you can own the execution of an idea.
You and I can both come up with the idea of a raunchy puppet show. But if I produce Avenue Q, that's not the idea, that's the execution. That is a tangible thing that I put effort into creating. I have created an experience which is mine to share on my terms. If you want to experience it you need to agree to those terms. If you are not willing to do so then the experience was not worth the trade to you. That's how it works.
No, I'm sorry, but you cannot own an intangible good like the execution of an idea, at least not under US law. That's simply not 'how it works'.
TheGreg wrote:Content creators do not own the content they create
Dorkman wrote:Yes, they do. You apparently don't like it because you've decided you should get what you want when you want it and fuck everyone else. But that's a problem with you, not the system.
No, no they don't. That's not my opinion, that is the opinion of the US Constitution, and the US Supreme Court. It's you who are laboring under the misapprehension that content creators own content - this idea is simply wrong. The content is publicly owned, content creators are granted a time-limited monopoly on the legal creation of copies under US law.
If this isn't clear to you, then think about this. Who 'owns' the information in the book Mary Shelley's Frankenstein? Shelley wrote the book in 1816, and had a government issued monopoly for a limited period to make copies. The copyright lapsed, and now the public can utilize the idea that they own. In fact, they have always owned it, although there was a period during which they did not have the right to make copies of it.
If you believe that the idea in MSF was 'owned' in the same sense that a physical object is owned, why did the 'ownership' not pass to her heirs with the rest of her estate? Of course the answer is that her estate does not own it, because the concept of ownership of an intangible good like a story does not exist in the the UK or US legal systems.
TheGreg wrote:and they are not guaranteed a living from it, no matter how much they might want one.
Dorkman wrote:This is true. If you don't want to pay whatever cost I've determined is fair to experience what I've created, then you won't. And if enough people are like you and feel the content is not worth the cost, I don't make a living.
But to decide the content is not worth the cost but you deserve it anyway? That's just being an asshole.
You may feel that way, and you're entitled to that opinion. I take the view that something that someone does that does me no harm is not being an asshole. In fact, I feel that your view marks you as an asshole.
TheGreg wrote:Ideas are publicly owned
Dorkman wrote:We're not talking about ideas. We're talking about tangible execution of ideas.
If by 'tangible execution of ideas, you mean a physical DVD, then yes. If by tangible execution of ideas you mean the series of 1s and 0s encoded on it, then no. I'm afraid you're wrong, at least according to US law.
Last edited by TheGreg (2012-11-30 22:33:50)