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Board Beginners & Help
Re: Hardcore libertarians: explain your anti-IP-rights position to me.
by
JoelKatz
on 30/06/2011, 05:28:56 UTC
At least use an appropriate analogy. Such as: photocopying or photographing the painting, instead of defacing it.
There is no relevant difference, that's why I used the analogy. They both cause no significant objective changes to the object from a physical, materialist point of view. They both change its subjective and market value. They are both things the rightful owner of the object took steps to prevent. They both took a wrongful act on the person doing them.

How do you distinguish between a trespasser who gets a footprint on your floor from a trespasser who burns down your house? You can't find it in physics and science. You find it in market value. A footprint on a floor doesn't make the house worthless. Burning it down does. But they're both just physical changes.

Once you have a wrongful act, the reason for the damages don't matter. So long as they are fairly traceable to the wrongful act and suffered by someone, they're redressable.

Say I stop you from leaving a store (a wrongful act) and say you miss a critical business meeting (a harm). Even though I didn't physically change you in any way, aren't I still liable for your demonstrated damages from missing the business meeting? That harm is fairly traceable to my wrongful act. It doesn't matter whether I physically changed you or defaced you. It just matters that my act was wrongful and caused your harm.