The ugly truth is that copyright and patent (and the DMCA) don't work. In theory they were supposed to a property right that protects creators and incentives creation. In practice they act nothing like property, protect monopolies/cartels, and incentive lawyers. I think that our biggest mistake is that that we just assumed they were like a property right, because that's what we were always told as school kids, but the truth is that just because somebody calls something a free market or a property right, doesn't mean that it is.
There are some free online books out there like "Against Intellectual Monopoly" and "Against Intellectual Property" that make the pragmatic and philosophical cases that copyright and patent are not free market, not legitimate property rights, and actually harm freedom and property rights. People would do themselves a favor to read them.
The ugly truth is that copyright and patent (and the DMCA) don't work. In theory they were supposed to a property right that protects creators and incentives creation. In practice they act nothing like property, protect monopolies/cartels, and incentive lawyers. I think that our biggest mistake is that that we just assumed they were like a property right, because that's what we were always told as school kids, but the truth is that just because somebody calls something a free market or a property right, doesn't mean that it is.
There are some free online books out there like "Against Intellectual Monopoly" and "Against Intellectual Property" that make the pragmatic and philosophical cases that copyright and patent are not free market, not legitimate property rights, and actually harm freedom and property rights. People would do themselves a favor to read them.
http://dklevine.com/general/intellectual/against.htm
https://mises.org/library/against-intellectual-property-0