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[–] 9 points 3 months ago (3 children)

I don't think the Lockean argument actually gets you where you want it to go.

Locke's labor theory of property doesn't just say creators own the fruits of their labor. It also says they have the right to alienate that property, to sell it, transfer it, or give it away. Once that transfer occurs, ownership changes hands. That's the entire point of property rights.

This is where your comparison to theater performances breaks down.

A performance is inherently ephemeral. Of course you only buy admission. But books, paintings, sculptures, and other tangible works have been bought and sold for centuries. When Rembrandt sold a painting, he didn't retain the right to dictate who displayed it, resold it, or inherited it. When someone bought a book, the author retained the copyright, but they didn't retain ownership of that physical copy.

That's the distinction your argument glosses over.

Physical media didn't create some bizarre loophole that tricked consumers into believing they owned art. Copyright law has always separated ownership of a copy from ownership of the intellectual property. Buying a novel never meant you owned the copyright. It meant you owned that particular copy.

The "historical anomaly" argument doesn't really hold either. Technology creating new forms of property isn't evidence that those forms are somehow illegitimate. Printing presses, photography, automobiles, patents, and even digital storage all changed what could be owned. Calling something a historical anomaly doesn't make it philosophically suspect.

Where your argument has merit is with services. An MMO, cloud software, or any product that depends on ongoing servers and continuous development is fundamentally different from a finished single-player game or a movie sitting on a disc. Those genuinely require ongoing labor.

But once you start arguing that creators retain moral authority over every copy they've sold forever, you've left Locke behind. You're no longer defending property rights, you're defending perpetual control after the sale. That's a very different philosophical position, and I don't think your conclusion follows from your premise.

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  • [+] -4 points 3 months ago (2 children)
  • [–] 3 points 3 months ago (1 child)

    I think we've drifted away from your original argument.

    Your original comment was making a philosophical case. It appealed to history, Locke's labor theory, and the moral authority of creators. My response addressed those claims directly.

    Your latest reply, however, isn't really defending that philosophical position. It's explaining how software licensing currently works under copyright law and why software is treated differently from books or paintings.

    I don't disagree with most of that. Software has long occupied a unique legal category, and EULAs have existed for decades.

    But that's a different argument from the one you originally made. We've shifted from "this is the morally correct understanding of ownership" to "this is the current legal framework for software."

    If your point is simply that software has historically been licensed rather than sold outright, then I don't think we're actually in much disagreement anymore.

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