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On the illegitimacy of copyright

I stated my position on copyright here: one , two . This small addition was inspired by the well-known speech of Mr. Akopov .

Mr. Akopov, referring to the users of "VKontakte" writes:

We very much hope that the owners and managers of the largest sites will gather somewhere together and agree with each other to switch to the legal model. That would be the greatest proof of the fairness of the world for millions of people. This could be called a civil feat. In fact, I do not think that, for example, the network of Vkontakte was created in order to post a stolen video - just the loading and viewing functionality was implemented, and then it turned out “as always”. And even more so, I do not think that the audience of the network will run away if only links to the legal video remain in it.

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Mr. Akopov - and he (or his referent), judging by the text, a fairly educated person - used the correct word here, which I allowed myself to single out: legal. Legality means compliance with the law - legality, more simply.

But let me remind Mr. Akopov of another term with the same root: legitimacy. Legitimacy is the recognition by society of the legitimacy of state institutions. In a broad sense of the word, legitimacy is the recognition of a just social system of society.

So, Mr. Akopov: copyright is illegitimate .



It would be very interesting for me to look at the person who really believes that the actions of a group of pirates who have laid out the series of the Amedia company (art. 146 p. 3b of the Criminal Code of the Russian Federation, up to six years in prison) represent the same for society (or even greater) danger as:



In civil society, there should be no illegitimate laws. And the coming of legality, so desired by Mr. Akopov, in fact means not at all a “civil feat”, but exactly the opposite - suppression of civil society. However, the so-called. holders pretend that they do not understand.

The reasons for which the copyright is illegitimate do not lie in the pursuit of freebies, as the Akopians usually say. And the fact that the dissemination of information is the basis of the existence of human society.

The essence of a social phenomenon is the fact of interaction between individuals and groups. But, of course, this is far from being said. [...] A social phenomenon is a world of concepts, a world of logical (scientific - in the strict sense of the word) being, resulting in the process of interaction (collective experience) of human individuals. [...]
What does this conscious interaction mean? It means an exchange of sensations, ideas, feelings, emotions, etc., and, even more briefly, collective experience.

(Pitirim Sorokin, "On the so-called factors of social evolution" )

The possibility of free dissemination of information is intuitively perceived by man as an absolute good, and in fact he is. The payment model for the production of information based on the payment for each act of perception (= each copy in modern conditions) is inherently flawed.

Vicious for a very simple reason: social development means an exponential increase in the intensity of information exchange, which means that at a certain point even all the available resources will not be enough to pay for royalties. Actually, this “no return” point has long been passed: the average Internet user “pirates” a lot more than he earns a day (if someone gives a link to the relevant research, I will be very grateful - I, unfortunately, lost it). Reducing the density of information flows, to which the implementation of the copyright law will lead everywhere, means the degradation of society, by definition.

Thus, the illegitimacy of copyright and the greed of copywriting created a vicious circle from which it is impossible to get out without changing the legislation on copyright. I do not believe in the Brave New World described by Akopov, where all the content will be almost immediately available legally; and for a very simple reason I don’t believe: without the pressure of piracy, the copywriters would not go for a free distribution of the content NIKOGG YES. And if piracy disappears, mass free content will disappear, no matter who promised it.



I hereby convey the above text to the public domain.

Source: https://habr.com/ru/post/96817/


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