this post was submitted on 31 Jan 2024
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[–] [email protected] 25 points 9 months ago (1 children)

Copyright itself was never ownership to begin with, and ideas were never property. Copyright is nothing more than a means an end, with the end being to enrich the Public Domain. It exists for the express purpose "to Promote the Progress of Science and the Useful Arts" and nothing else.

This is the moral basis for the Copyright Clause, in Thomas Jefferson's own words:

It has been pretended by some (and in England especially) that inventors have a natural and exclusive right to their inventions; & not merely for their own lives, but inheritable to their heirs. but while it is a moot question whether the origin of any kind of property is derived from nature at all, it would be singular to admit a natural, and even an hereditary right to inventions. it is agreed by those who have seriously considered the subject, that no individual has, of natural right, a separate property in an acre of land, for instance. by an universal law indeed, whatever, whether fixed or moveable, belongs to all men equally and in common, is the property, for the moment, of him who occupies it; but when he relinquishes the occupation the property goes with it. stable ownership is the gift of social law, and is given late in the progress of society. it would be curious then if an idea, the fugitive fermentation of an individual brain, could, of natural right, be claimed in exclusive and stable property. if nature has made any one thing less susceptible, than all others, of exclusive property, it is the action of the thinking power called an Idea; which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of every one, and the reciever cannot dispossess himself of it. it’s peculiar character too is that no one possesses the less, because every other possesses the whole of it. he who recieves an idea from me, recieves instruction himself, without lessening mine; as he who lights his taper at mine, recieves light without darkening me. that ideas should freely spread from one to another over the globe, for the moral and mutual instruction of man, and improvement of his condition, seems to have been peculiarly and benvolently designed by nature, when she made them, like fire, expansible over all space, without lessening their density in any point; and like the air in which we breathe, move, and have our physical being, incapable of confinement, or exclusive appropriation. inventions then cannot in nature be a subject of property. society may give an exclusive right to the profits arising from them as an encouragement to men to pursue ideas which may produce utility. but this may, or may not be done, according to the will and convenience of the society, without claim or complaint from any body.

[–] [email protected] 7 points 9 months ago (1 children)

Holy shit, mic drop.

Also, is that Jefferson's original capitalization? I never would have figured him for the type to think he's too cool for normal capitalization rules.

[–] [email protected] 6 points 9 months ago (1 children)

Also, is that Jefferson’s original capitalization? I never would have figured him for the type to think he’s too cool for normal capitalization rules.

Here's a picture of it (the first page, anyway, which isn't the same as the part I quoted). It appears that he, indeed, wasn't in the habit of capitalizing the first word of sentences. 'Course, it was so long ago that I'm not sure if it really was a normal rule at the time (especially for handwritten correspondence, as opposed to typeset publications).

[–] [email protected] 4 points 9 months ago

Yeah, I know things like capitalization and punctuation were a lot more idiosyncratic at the time, but I can't recall ever seeing that particular quirk before in historical writing.