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Copyright is an state enforced monopoly, created in 18th century for 18th century society and their goals. Nowhere does it even try to justify such monopoly by wordings of government intervention to prevent unfair competition or free-riding. In the several hundred years since them, no change to the basic fundamentals of the law has had any change, nor has any justification been added.

Most anti-copyright folks such as you describe them would welcome stated goals. Preventing unfair competition by state intervention is a fine goal. Lets do that, but then lets also apply 21st century governmental procedure rather than 18th century ones. The steps are quite easy: First you do a cost-benefit analyses such as determining cost and benefit. You ask what the cost to society is. Then you ask questions like how much protections vs how much costs. Is 3 years enough to prevent 90% of the unfair competition? Would 2 more years make that number reach 99%? Maybe a whole 10 years for special products needing special state attention?

Cost-benefit analyses. A tool made in the 19th century, was the tool that made 20th century government, and the only two laws not still using it is copyright and patent law. There is nothing to justify such bad use of state power to intervene in the market.




You say to do the cost benefit analysis like its easy - but in reality its not. Nothing is so clear cut and dry.

How do you count "unfair competition"? how do you define "special products"? How do you even count the revenue of a hypothetical work before its even made?




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