I fucked with the title a bit. What i linked to was actually a mastodon post linking to an actual thing. but in my defense, i found it because cory doctorow boosted it, so, in a way, i am providing the original source here.
please argue. please do not remove.
in the ethical sense, everything is fair use. period.
in the legal sense, everything is fair use until it’s proven in court not to be.
I totally agree.
Copyright and patent laws need to die.
So if someone spends decades of their life and millions of their own dollars to creating or researching something, in your opinion, you and everyone else is entitled to the fruits of their labor?
That makes zero sense. Just because a court hasn’t yet deemed that specific action illegal doesn’t mean it’s not illegal when you do it. Doesn’t matter if the crime is theft, rape, murder, etc.
if anybody gets a copy of it, they have no ethical obligation not to share it, and every ethical justification for sharing it.
Wow.
this reads like an appeal to ridicule. if you have an objection to what I said please state it.
Every web request costs someone money. If you aren’t paying them you are being provided a service. They’ve given you knowledge/ material in their possession free of charge. You are taking advantage of that good will by using the content for purposes not intended. That is a moral failing.
To be clear the ownership of the material is not important, just the access is immoral, as the harm is already done.
Ill add the caveat that it can be moral if they’ve specifically told you you can via the websites robot.txt file which websites of consequence all have. But the assumption has to be they don’t intend this because that is how consent works.
why? if someone publishes something on port 80, why should I ever assume they mean anything but for me to have and use that data?
Because there is a standard way for people to make their consent known. Just because you ignore someone withholding you consent doesn’t mean you are free morally.
I don’t know what this is supposed to mean. Speak plainly.
I don’t even know where or how to begin arguing against a position that’s flawed on such a basic level.
an appeal to ridicule is also called a horse laugh fallacy. it’s like writing lol instead of actually explaining what’s wrong with the position to which your objecting. this response also reads like an appeal to ridicule. if you can’t explain what’s wrong with my position, maybe you shouldn’t be speaking about my position.
You’ve already done a fine job of explaining exactly what’s wrong with your position. You think you’re entitled to the fruits of others’ labor. It’s as simple as that.
this isn’t what I said. it’s a straw man.
I’ve only stated my position. I haven’t actually provided any justification one way or the other. your suggestion that I have sounds like gas lighting.
theft rape and murder are criminal matters. copyright is civil, and, yes, the courts can adjudicate every individual case.
It’s…a civil crime. Not sure what your point is.
Just like theft, rape and murder…
except that sometimes those are statutory. fair use claims cannot be statutory.
no such thing as a civil crime. you are thinking of a tort.
Removed by mod
please cite that for me, if you have 3 seconds.
Sure, how many sources would you like?
https://www.justice.gov/archives/jm/criminal-resource-manual-1847-criminal-copyright-infringement-17-usc-506a-and-18-usc-2319
https://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=1320&context=wmborj
https://en.wikipedia.org/wiki/Criminal_copyright_law_in_the_United_States
https://digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=3622&context=mlr
https://www.lib.purdue.edu/uco/CopyrightBasics/penalties.html
https://www.bu.edu/law/journals-archive/scitech/volume112/andrewsnoteweb.pdf
I have to admit, I did not realize that bare copyright infringement could be criminal, but it also requires criminal intent, so any defense lawyer would argue there was a fair use intent, and even if the civil matter were decided against the defendant, surely the criminal matter would be dropped.
so where do these say my use is not fair use?
surely you see the difference between a crime and a tort, now.