You are missing out on the fact that 'intellectual property' is a figment of our collective imagination.
Would you respect intellectual property on the wheel or the hand axe in a stone age setting ? I know that sounds ridiculous, but intellectual property has its basis in 'information can be property' and that's so fraught with error that we would still be living in the stone age if it were true.
If you want to keep your stuff to yourself: don't publish. Have it die with you, please do not make your thoughts/writings/music/movie/whatever available to the public in order to then turn around and claim it as your own again.
Would you respect intellectual property on the wheel or the hand axe in a stone age setting ?
In such a setting there was no notion of "property" at all beyond brute force. Eventually it was discovered that greater things can be accomplished when people adopt the polite fiction that taking something doesn't always make it yours.
Do you realize that every government in the world is basing their power on their ability to hold on to what they claim is theirs by 'brute force' and that all the laws that derive from there have this 'brute force' as their direct or indirect foundation ?
If you don't believe that then try to declare independence over your garden and claim that since you are now a sovereign state you no longer need to pay tribute to the country that now surrounds yours.
I'm confused and disappointed by this comment. I can't decide if what I wrote was that unclear or if you're just flaming me, as I didn't say anything about sovereignty, anything about law not having foundation in force, or anything about desiring to declare the independence of my garden. I thought we were talking about individual property rights and have had the rug pulled out from under my feet.
Though it feels like I'm bringing a pen to a flamethrower fight, I'll attempt to clarify.
In describing property as a "polite fiction" I am acknowledging that it is not real. Brute force is as real as it ever was, but in practice the abstraction of property means it is usually the option of last resort. We've all benefited from that. To wit, I consider the present notion by contrast a few degrees beyond (more advanced than) brute force, though you are right to say that it is not beyond (free of) brute force.
So, to venture back to the original context from which we've so far strayed: although you try to cast the concept of intellectual property in an absurd light by putting it into an era of development in which it did not and could not exist, it remains true that the more fundamental concept of property was crucial to the same development beyond that era you claim intellectual property would have prevented. We grew by adopting a fiction, and now have an abundance of recorded history indicating that being a "figment of our collective imagination" is not a bad thing when it reflects the human perception of value better than reality. I trust you can see the parallel in the three centuries that ownership of a book has been distinct from the ownership of a copy of the book, or that at the very least you would not regard our intellectual development in that time as having languished.
It's not really a fiction, it's merely recognizing that humans fundamentally need to (be able to) use their minds in order to survive, must use logic, and that the only logical way to deal with other humans is therefore mutual non-aggression.
They follow some logic and can be deduced from first principles.
We would not have culture or have achieved the level of society that we have if 'intellectual property' were the normal mode and could be deduced from first principles.
Copyright and patents are supposed to foster creation and innovation but it seems they are hindering rather than helping our development in these areas.
> They follow some logic and can be deduced from first principles
Well. Some of these follow when you accept certain axioms and work from there. Not everyone accepts those axioms (at at least the same ones), if the vast variance in "human rights" across the globe is any indication.
Now of course it can be argued that only a few countries in the "civilized western world" understand logic and can come up with the proper first principles. (People have told me that)
It's logically fine to reject axioms. You could argue, for example, that torture is morally good because you disagree with the axiom that suffering is bad. That's logically consistent, and logic alone is built on axioms and therefore cannot discern which axioms are "better."
Would you respect intellectual property on the wheel or the hand axe in a stone age setting ? I know that sounds ridiculous, but intellectual property has its basis in 'information can be property' and that's so fraught with error that we would still be living in the stone age if it were true.
If you want to keep your stuff to yourself: don't publish. Have it die with you, please do not make your thoughts/writings/music/movie/whatever available to the public in order to then turn around and claim it as your own again.