While I’m in board with the sentiment, I think there would be a lot of implementation problems with this. Just off the top of my head:
I’m a parent, and my kid isn’t competent to make decisions about his own body. Given the right to do what he wanted with it, he would immediately eat ice cream until he threw up, then do that every day in between gaming sessions until he died from diabetes.
Existing laws being reviewed is a good idea, but I could see politicians with a slight majority holding fundamental laws hostage to extract concessions from other parties. You can work around this, but it could be difficult to avoid gotchas.
Do we include right to free movement in the sovereign territory point? Because we have a large prison population. I’m on board with dismantling most of that, but there will probably always be people that need to be restrained from harming others.
What counts as communication? Because if I can put a character on a shirt and sell them cheaper than the independent creator on patreon or wherever, most of their profits go away. I can subscribe and support them, then turn around and sell their work on the same website. I’m not a huge fan of copyright, but it did/does have a purpose beyond endless abuse by Disney.
As for the wealth tax thing, I don’t care if it has implementation issues lol
I will always be skeptical of the whole “I’m a parent and (…)” – I guess because my own parents were keen on letting me fuck around and find out when I was a kid? After two ice cream binges end on being horribly sick, even a kid can go “… Yeah I’d better not”. I should know because a similar scenario happened to me. I feel like trying to use -authoritative control- to keep people safe will just make them desire the thing they are being kept from even harder, and this is universal for children, teens, and adults alike.
Fair enough
Yes unless the person becomes a danger to other persons. The idea of a body being sovereign also applies the idea behind sovereignty of nations, I.E.: Once a nation starts fucking around starting wars, suddenly infringing on their sovereignty to put a stop to it is a good thing.
This is a bit of a thing so I’mma break out of the list format so I can use more than one paragraph lmao:
In general my argument is that copyrights as they exist right now are a stifling force that mostly protects corporations while punishing both small creators and just… Regular individuals. For engaging in like. Human culture. Since I was suggesting lines for a constitution and a constitution is generally meant to be a sort of meta-law, like ‘these are the intents of this state that we are forming, so the actual laws will reason on the practical application of it based on the intents’, I didn’t speak as to how this might be in practice. But to actually get into it –
I recently read the works of Lawrence Lessig, who is a bit of a stick in the mud and too much on the side of corporations for my liking, but when talking copyright the point he makes, which is a good point, is that at their root, copyright laws seek to regulate creativity as a commercial activity, I.e.: So you can’t deprive creators of the money they might make from making stuff to sell by just waiting for them to make it and then reselling it. And that in the age of the internet where the line between “commercial creativity” and “just human culture being human culture” has become hopelessly blurred – And that bad actors seek to keep that line blurry because it invests them with power. Power to use invasive DRM schemes. Power to charge for repeated viewings of something already purchased. Power to control what is even said about their product.
So if I were to make this into actual law, I’d make it so that every creative product would necessarily be copyrighted to a person or persons rather than a company. Because even bigass team projects are not made by a studio, but by the people that made them. Disney didn’t make Aladdin 1991 – It was written by Ron Clements, John Musker and Ted Elliot. So the story should belong to them. The amazing music was written by Tim Rice and Alan Menken, so it should be theirs, while the performances of said music in the movie should belong to the performers, the animation? It’d collectively belong to the people that made the drawings.
It’s more overhead than saying “THIS CORPO OWNS IT ALL BECAUSE THEY WERE WORKING WITH THIS CORPO” but it is ultimately needed, because this in itself would already do a lot to cull what, to me, is the biggest abuse within the copyright system. If something belongs to a person, that person will eventually die, and at that point the whole “you are denying this person the fruit of their own creation” argument dies with them. A corporation is an immortal abstract entity and should never be allowed to own – Anything really.
I would also ensure the text of the law specifically protects creators against people profiteering off their creation without them being duly compensated – So like, selling copies of someone else’s art? Crime. Showing other people the art with no commercial intent? Not a crime, can never be one.
I like the copyright idea described above. I’m not sure how well it would work in practice, because I’ve never heard of anything like that being implemented, and new solutions almost always have problems. It’s interesting though.
Regarding the kids making their own decisions thing- my example was intended to be a little funny, so I may not have picked the best one. Instead of the ice cream example, what about sex with adults? Sex changes? General amputation? Living on their own? Cigarettes? Harder drugs?
These are all things that kids can have opinions about, all things are mostly changes to their own body or bodily freedom, all things that can have terrible long term consequences. Should we prevent parents from controlling their kids, and allow the children to decide whether they want to do any of these?
Sometimes the finding-out part of the fuck-around-and-find-out experience is an irreversible addiction that there’s no coming back from. Parents aren’t always better, obviously, but they probably avoid more permanent harms for their kids than the kids would in their own.
Eeeeh, I can concede on the general premise of ‘sometimes find out is something you don’t come back from’, although I am also skeptical of parents having childrens’ best interests in mind when it comes to things like gender-affirming care because [gestures vaguely at the literally everywhere]
Yeah, fair. My parents were painfully religious and harassed me unmercifully because I wasn’t, so I’m not saying it’s all sunshine and roses. But leaving kids free to do whatever they want seems like it would have an attrition rate similar to turtles running for the ocean.
While I’m in board with the sentiment, I think there would be a lot of implementation problems with this. Just off the top of my head:
I’m a parent, and my kid isn’t competent to make decisions about his own body. Given the right to do what he wanted with it, he would immediately eat ice cream until he threw up, then do that every day in between gaming sessions until he died from diabetes.
Existing laws being reviewed is a good idea, but I could see politicians with a slight majority holding fundamental laws hostage to extract concessions from other parties. You can work around this, but it could be difficult to avoid gotchas.
Do we include right to free movement in the sovereign territory point? Because we have a large prison population. I’m on board with dismantling most of that, but there will probably always be people that need to be restrained from harming others.
What counts as communication? Because if I can put a character on a shirt and sell them cheaper than the independent creator on patreon or wherever, most of their profits go away. I can subscribe and support them, then turn around and sell their work on the same website. I’m not a huge fan of copyright, but it did/does have a purpose beyond endless abuse by Disney.
As for the wealth tax thing, I don’t care if it has implementation issues lol
In general my argument is that copyrights as they exist right now are a stifling force that mostly protects corporations while punishing both small creators and just… Regular individuals. For engaging in like. Human culture. Since I was suggesting lines for a constitution and a constitution is generally meant to be a sort of meta-law, like ‘these are the intents of this state that we are forming, so the actual laws will reason on the practical application of it based on the intents’, I didn’t speak as to how this might be in practice. But to actually get into it –
I recently read the works of Lawrence Lessig, who is a bit of a stick in the mud and too much on the side of corporations for my liking, but when talking copyright the point he makes, which is a good point, is that at their root, copyright laws seek to regulate creativity as a commercial activity, I.e.: So you can’t deprive creators of the money they might make from making stuff to sell by just waiting for them to make it and then reselling it. And that in the age of the internet where the line between “commercial creativity” and “just human culture being human culture” has become hopelessly blurred – And that bad actors seek to keep that line blurry because it invests them with power. Power to use invasive DRM schemes. Power to charge for repeated viewings of something already purchased. Power to control what is even said about their product.
So if I were to make this into actual law, I’d make it so that every creative product would necessarily be copyrighted to a person or persons rather than a company. Because even bigass team projects are not made by a studio, but by the people that made them. Disney didn’t make Aladdin 1991 – It was written by Ron Clements, John Musker and Ted Elliot. So the story should belong to them. The amazing music was written by Tim Rice and Alan Menken, so it should be theirs, while the performances of said music in the movie should belong to the performers, the animation? It’d collectively belong to the people that made the drawings.
It’s more overhead than saying “THIS CORPO OWNS IT ALL BECAUSE THEY WERE WORKING WITH THIS CORPO” but it is ultimately needed, because this in itself would already do a lot to cull what, to me, is the biggest abuse within the copyright system. If something belongs to a person, that person will eventually die, and at that point the whole “you are denying this person the fruit of their own creation” argument dies with them. A corporation is an immortal abstract entity and should never be allowed to own – Anything really.
I would also ensure the text of the law specifically protects creators against people profiteering off their creation without them being duly compensated – So like, selling copies of someone else’s art? Crime. Showing other people the art with no commercial intent? Not a crime, can never be one.
I like the copyright idea described above. I’m not sure how well it would work in practice, because I’ve never heard of anything like that being implemented, and new solutions almost always have problems. It’s interesting though.
Regarding the kids making their own decisions thing- my example was intended to be a little funny, so I may not have picked the best one. Instead of the ice cream example, what about sex with adults? Sex changes? General amputation? Living on their own? Cigarettes? Harder drugs?
These are all things that kids can have opinions about, all things are mostly changes to their own body or bodily freedom, all things that can have terrible long term consequences. Should we prevent parents from controlling their kids, and allow the children to decide whether they want to do any of these?
Sometimes the finding-out part of the fuck-around-and-find-out experience is an irreversible addiction that there’s no coming back from. Parents aren’t always better, obviously, but they probably avoid more permanent harms for their kids than the kids would in their own.
Eeeeh, I can concede on the general premise of ‘sometimes find out is something you don’t come back from’, although I am also skeptical of parents having childrens’ best interests in mind when it comes to things like gender-affirming care because [gestures vaguely at the literally everywhere]
Yeah, fair. My parents were painfully religious and harassed me unmercifully because I wasn’t, so I’m not saying it’s all sunshine and roses. But leaving kids free to do whatever they want seems like it would have an attrition rate similar to turtles running for the ocean.