“Don't people have a right to control how their creativity is used?”
“Control over the use of one's ideas” really constitutes control over other people's lives; and it is usually used to make their lives more difficult.
People who have studied the issue of intellectual property rights(8) carefully (such as lawyers) say that there is no intrinsic right to intellectual property. The kinds of supposed intellectual property rights that the government recognizes were created by specific acts of legislation for specific purposes.
For example, the patent system was established to encourage inventors to disclose the details of their inventions. Its purpose was to help society rather than to help inventors. At the time, the life span of 17 years for a patent was short compared with the rate of advance of the state of the art. Since patents are an issue only among manufacturers, for whom the cost and effort of a license agreement are small compared with setting up production, the patents often do not do much harm. They do not obstruct most individuals who use patented products.
The idea of copyright did not exist in ancient times, when authors frequently copied other authors at length in works of nonfiction. This practice was useful, and is the only way many authors' works have survived even in part. The copyright system was created expressly for the purpose of encouraging authorship. In the domain for which it was invented—books, which could be copied economically only on a printing press—it did little harm, and did not obstruct most of the individuals who read the books.
All intellectual property rights are just licenses granted by society because it was thought, rightly or wrongly, that society as a whole would benefit by granting them. But in any particular situation, we have to ask: are we really better off granting such license? What kind of act are we licensing a person to do?
The case of programs today is very different from that of books a hundred years ago. The fact that the easiest way to copy a program is from one neighbor to another, the fact that a program has both source code and object code which are distinct, and the fact that a program is used rather than read and enjoyed, combine to create a situation in which a person who enforces a copyright is harming society as a whole both materially and spiritually; in which a person should not do so regardless of whether the law enables him to.
Essa idéia é expandida em Misinterpreting Copyright, o texto que mudou minha vida seis ou sete anos atrás.
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