VirtualLarry
No Lifer
- Aug 25, 2001
- 56,402
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The Constitution recognizes the rights of intellectual property, inasmuch as they provided for it in the Constitution, FOR A LIMITED TIME. That WAS INTENTIONAL.I think you should test your theory about creators having no inherent rights over their intellectual property.
Just like, Corporations, used to be chartered FOR A LIMITED TIME, AND ONLY "FOR THE PUBLIC GOOD".
NO-WHERE does the Constitution suggest that creators should have an exclusive monopoly over their creations, FOR ALL TIME.
The thing about intellectual property, is that it is SHARED. And thus, it SPREADS. Stories. Music. Later on, Movies.
Once you share it, the receiver ALSO GETS A COPY. (Even if it's just the copy in their head.)
So, the Framers of the Constitution recognized that issue, and thus, provided for a monopoly over one's own creative works, FOR A LIMITED TIME. The idea being, that given when works were presented, they were shared, and the receivers also get a copy, that eventually, works would be shared ad infinitum among the population, so who would invest into the process of producing those creative works? So therefore, they created a framework, such that those creators gained EXCLUSIVE RIGHTS to their creative works, FOR A LIMITED TIME, and then, the works would fall into the PUBLIC DOMAIN. Because, ART BEGETS ART.
They couldn't really imagine that a CORPORATION, with a LIFESPAN MUCH GREATER THAN A MAN, could AMASS THE RIGHTS TO MANY CREATIVE WORKS, and attempt to CONTROL CULTURE, by limiting access to those works, in order to make an IMMENSE PROFIT, WITH NO PUBLIC GOOD COMING OF IT.