But why is it wrong? If it's right for me to take someone's work and distribute it against their wishes, why is the diary different? Why would I respect the protections of privacy or trade secret if I don't respect the rights of authorship? I'm not trying to set up a non-sequitur, I'm genuinely trying to understand.
Also, while I understand that trade secrets are a different issue with copyright, the only tangible differences are that they are 1) secret, 2) have a bunch of requirements to protect and 3) generally lose trade secret status when 1 is no longer true.
It's wrong because it's trespassing or theft. It directly causes harm to someone to disseminate their private thoughts, whereas a literary or artistic work is intended to be distributed.
Trade secrets are really more about contract protection than any right of authorship - the third difference is the key one. Once a trade secret is out in the open it's no longer wrong to spread it further.
So, in a nutshell, if I intend to keep it private, I can keep it private forever, and anybody who treads on that is "wrong" to do so. But if I release something to the public, or some secret is bared to the public against my wishes, it is gone forever, and now belongs to the world at large.
And there's really no middle ground? There's no "I want to share this to you, but you can't have it," ???
If we can protect trade secrets though, then I should be able to come up with a song, and play it for a friend, but tell them to keep it secret. Make them sign an NDA even (that's how trade secrets are enforced after all). And THEN I can keep it, right?
So what's the difference between that and releasing a record, on the condition that you keep it secret? Why can't I do that?
Like I said, for me, the anti-copyright notion is too far a stretch. I get that copyright is perhaps broken, and it's certainly been skewed from its original intent, but I don't believe that getting rid of it altogether is the fix for that. I wouldn't support banning all airplane travel because a few have crashed, and I think that's what the anti-copyright extreme would basically have us do.
I wouldn't quite phrase it like that, but yes, in essence. It's wrong to break a promise --- your friend who released the song to the world was in the wrong --- but once it's out there it's not wrong to spread it further.
Also, while I understand that trade secrets are a different issue with copyright, the only tangible differences are that they are 1) secret, 2) have a bunch of requirements to protect and 3) generally lose trade secret status when 1 is no longer true.
My diary is not protected by trade secret status.
reply