And I say this as someone that is extremely bothered by how easily mass amounts of open content can just be vacuumed up into a training set with reckless abandon and there isn’t much you can do other than put everything you create behind some kind of authentication wall but even then it’s only a matter of time until it leaks anyway.
Pandora’s box is really open, we need to figure out how to live in a world with these systems because it’s an un winnable arms race where only bad actors will benefit from everyone else being neutered by regulation. Especially with the massive pace of open source innovation in this space.
We’re in a “mutually assured destruction” situation now, but instead of bombs the weapon is information.
The original intent was to provide an incentive for human authors to publish work, but has become more out of touch since the internet allowed virtually free publishing and copying. I think with the dawn of LLMs, copyright law is now mainly incentivising lawyers.
A writer or journalist just can't make money if any huge company can package their writing and market it without paying them a cent. This is not comparable to piracy, by the way, since huge companies don't move into piracy. But you try to compete with both Disney and Fox for selling your new script/movie, as an individual.
This experiment has also been tried to some extent in software: no company has been able to live off selling open source software. RedHat is the one that came closest, and they actually live by selling support for the free software they sell. Others like MySQL or Mongo lived by selling the non-GPL version of their software. And the GPL itself depends critically on copyright existing. Not to mention, software is still a best case scenario, since just having a binary version is often not enough, you need the original sources which are easy to guard even without copyright - no one cares so much for the "sources" of a movie or book.
Which evidence?
Craftsmen don't claim copyright on their artifacts. Furniture designs were widely copied; but Chippendale did alright for himself. Gardeners at stately homes didn't rely on copyright. Vergil, Plato and Aristotle managed OK without copyright. People made a living composing music, songs and poetry before the idea of copyright was invented. Truck-drivers make a living; driving a truck is hardly a performance art. Labourers and factory workers get by successfully. Accountants and legal advocates get rich without copyright.
None of these trades amounts to "performance arts".
Also, craftsmen rely on the fact that the part of their work that can't be easily copied, the physical artifact they produce, is most of the value (plus they rely on trademark laws and design patents quite often). Similarly for gardeners. The ancient greek writers were again paid for performance, typically as teachers. Literature was once quite a performative act. And again, at that time, physical copies of writings were greatly valuable artifacts, not that much different from the value of the writing itself, since copying large texts was so hard.
Similarly, the work of drivers, labourers, factory workers, accountants is valuable in itself and very hard or impossible to copy (again, the physical world is the ultimate copyright protection). The output of lawyers is in fact sometimes copyrighted, but even when it's not, it's not applicable to others' cases, so copies of it are not valuable: no one is making a business that replaces lawyers by re-distributing affidavits.
Well you'd be mistaken. Lately, it was custom software, for a particular client, and of no interest to others. Earlier, it was before software copyright was a thing, and computer manufacturers gave software away to sell the hardware.
At the very beginning, yes, it was "very specific" hardware; it was Burroughs hardware, which used Burroughs processors. But that was before microprocessors, and all hardware was "very specific".
> (plus they rely on trademark laws and design patents quite often)
Craftsmen and labourers were earning a living long before anyone had the idea of a "trademark", still less a "design patent".
> The output of lawyers is in fact sometimes copyrighted
You're right. That's why I didn't say "lawyers", I said "legal advocates". Those are people who speak on your behalf in courts of law, not scribes writing contracts. Anyway, the ancient Greeks and Romans had written laws, contracts and so on; they managed without trademarks and copyrights.
Then I am not mistaken: the company was initially selling hardware, with the software being just a value add as you say (no copyright: no interest in trying to sell, exactly my point). Then, you were being paid for building software that (a) was probably not being made public anyway, and (b) would not have been of interest to others even if it were.
Even so, if someone came to your client and offered to take on the software maintenance for a much lower price, you might have lost your client entirely. This has very much happened to contractors in the past.
And my point is you couldn't have a Microsoft or Adobe or possibly even RedHat if you didn't have copyright protecting their business. So, you'd probably not have virtually any kind of consumer software.
We didn't charge maintenance for this software. We would write it to close the sale of a computer. It was treated as "cost of sale". I'm sure it was cheaper (to us) than the various discounts and kickbacks that happened in big mainframe deals.
As far as Microsoft and Adobe is concerned, I wouldn't regard it as a misfortune if they had never existed. I'm not convinced that RedHat's existence is contingent on copyright.