this post was submitted on 22 Aug 2023
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Yeah, I get it, but I figure if someone doesn't understand why it's a problem to blame someone for having their content stolen, they probably won't understand why it's wrong to blame them for having other intangibles stolen either. The transition to tangible object was intentional in hopes of bridging that gap. The only right that is exactly the same as copyright is copyright, but that analogy wouldn't really work for someone who doesn't understand how copyright works. ๐ It's kinda the point of an analogy: to highlight the similarities between two things that are similar in some ways but necessarily different in others for the benefit of someone who understand the subject but not the object of the analogy.
But again, the point isn't that car ownership is the same as copyright. That's a (intentional, I think) misunderstanding of how analogies work. They don't claim that every attribute of the two things being compared is the same; only that there may be enough similarity to bridge a gap in understanding. I can't see anything so wrong with this analogy that it invalidates the point I was making with it. The point was that having the law commonly ignored doesn't open the door for victim blaming if they don't jump through all the hoops armchair lawyers define for them. That's often the case when the law grants us rights: we just have them at a certain point and don't have to do anything else. I have a right to continue owning a car that I bought. I have a right not to be punched in the face. I have a right to be involved in my children's lives. I have a right to continue to own the works I create. These are different rights which apply to different sorts of things, but the principle is the same. If I had made any of these analogies (or any analogy period), a bad faith argument could certainly have found a trivial difference between the twoโฆ but it would have been just that: a bad faith argument based on a trivial (for the purposes of this analogy) difference.
Is stealing a Reddit post the same as stealing a car? No, because as everyone has pointed out, the car cannot easily be copied, but is violating someone's copyright the same as violating their ownership rights over some item they purchased? Yes. When you violate someone's right to own the car, they do not retain an identical un-violated copy of their right to own it, just the same that way when you violate their copyright, they cannot retain an identical un-violated copy of that right somehow. Both of these rights have been violated equally, and the tangibility of the object they applied to doesn't change that.