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tankenmate | 2 months ago

So much of this article has two implicit tenets; 1) information can be "owned", and 2) copying information reduces its inherent value (which as I'll explain follows from the first).

So as a preface, I would argue than in the marketplace for information (ideas, content, works, etc if you will) that value has two components, 1) utility value, and 2) scarcity value (which I would argue has two components, availability value (information horizon[0]) and saliency value (preference as a result of the information horizon[1]). Obviously the rise of copyright over the last few centuries attempts to limit commerce of ideas based somewhat loosely on the concept of (real, physical) property law (itself a glorified codified extension of the animal behaviour of territoriality, aka survival by means of securing resources); ownership is a moral value autogenous to an idea's sui generis expression on, by, or through a recorded medium. In other words the mere act of recording an idea in a "creative" fashion brings with it a "moral" ownership of that idea. Of course the "creative" and "moral" parts from which the law prescribes and proscribes these limits is debatable. The legally mandated "monopoly" of an idea (even though the marginal cost of replication approaches zero) provides this scarcity. So in the end because of this the scarcity, and the resulting "rent seeking" (corporations seeking to charging (typically over time) more than the cost to create and distribute information), are in effect value (read wealth) redistribution.

So, what is more "moral"? Using a constructivist approach, which is more socially acceptable (and hence far more likely to be codified into law)? broad access to information distilled to the point that sui generis is "removed" so that concepts (which in general can't be copyrighted) are freely available for transformative use, or extending the "moral right" of copyright, now that information distillation is so cheap, to include the ability to "copyright" an idea rather than the expression of it. Or are we seeing a "breakdown" of the codification of the law where the granularity of the spectrum is so fine it becomes so costly to enforce such the "value" of the law in reducing the transaction costs of daily social interaction in the information sphere that we revert to pre-copyright behaviours, i.e. information hoarding.

[0] https://www.researchgate.net/publication/261773523_Informati... The concept is quite simple there is a limit to the amount and quality of information that a) a human can get access to (and following what they prefer / value), and b) relatedly the amount that can be synthesised for actual use. [1] https://www.sciencedirect.com/science/article/abs/pii/S07408...

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