On Feb 25, 2009, at 12:41 PM, Chris Miller wrote:

If your original ideas were good ones, why not let everyone take credit for them? Without copyright, the plagiarizers will themselves be plagiarized.

Isn't the circulation of good ideas more important than anybody's reputation?

In discussions of individual v. community rights, private property rights v. public interests, etc., there is a well-known "Problem of the Commons," used as an example of how certain concomitants of each position manifest themselves. It goes like this:

In the village, there arose a dispute about who should take care of the large pasturage in the middle of the residences. Should the village control the Commons and allow everyone to pasture their own stock in the open? Or should it be divided among the villagers who lived adjacent to it. They tried it first as an open area, owned in common, i.e., no individual controlled it or any part. Soon, they discovered that it had been overgrazed, the ground eroded by rains that washed away the soil that now had not grass to anchor it, etc. Since no one owned it, no one took care of it nor took care not to overgraze (because it was the other stock that were overgrazing the grass, not mine). They decided to divide the Commons into equal sized lots give them to each landowner. The landowners put up fences or hedgerows, tended their own small part, and made sure that their own stock did not overgraze their land (because they were not permitted to graze anywhere else). The land recovered, the grass grew, the place looked good again.

Private copyrights protect creative works from their own form of defilement in the Commons. They can be protected, their completeness and integrity better secured, etc., in private ownership rather than with Jack Sparrow and the Plagiarizers of the Caribbean. (Like that metahpor? It's kinda clever, I think. I just made it up. Yeah, that's the ticket.)


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Michael Brady
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