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Re: Hardcore libertarians: explain your anti-IP-rights position to me.
by
Mr2001
on 24/06/2011, 19:47:12 UTC
When you buy a CD in the United States, you are entering into an implicit contract with the seller of the CD. This contract incorporates the laws of the United States to set the defaults. You are, of course, free to negotiate other terms, but the law will have to set the default in every society. Otherwise, there is no way courts could enforce contracts.
Laws are not the same as contractual terms. When I buy something at the store, the only terms I'm agreeing to are the exchange of ownership (implied by tradition as part of the act of sale) and whatever terms are explicitly laid out at the point of sale (return policy, etc.). When I buy a CD, I'm trading my money for the store's plastic disc, but I'm not agreeing to any restrictions on what I do with that disc once I get it home.

Those restrictions are part of the law, not the sales contract. If I violate them, it won't be the seller (the store) who comes after me, it'll be a third party (the copyright holder, or law enforcement) who had no part in the sale and is not acting on behalf of the seller; and I won't have violated any agreement, I will only have violated the wishes of third parties I've never met and politicians who don't represent my interests.