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"copyright infringement is trespass" is just as bad as "copyright infringement is theft"

Theft denies the owner their rightful property. Trespass denies or restricts the owner the use of their rightful property.

Copyright Infringement does not, on its own[1], does not stop the rights-holder[2] from using their copy.

The important distinction here - that is often conspicuously avoided by people that attempt to conflate copyright infringement and theft - is scarcity. Physical goods are scarce, so we invented laws to discourage theft. Land is scarce, so we invented laws to discourage trespass. Copyright, on the other hand, was enacted not out of fear of losing a scarce resource; we hoped it would give society faster/better access to "science and the useful arts".

As an investment, it is something society may decide it to stop paying for (i.e. no longer providing the temporary monopoly). People hoping to exploit such monopolies should really keep that in mind, because society may choose to invest in something else if their investment isn't providing adequate returns (access).

[1] If I have to invade your property to do the copying, I could probably be charged with both copyright infringement and trespass. The two activities are still distinct; they just happen to occur at roughly the same time.

[2] "owner" isn't really appropriate when speaking of copyright infringement, for the same reasons. You don't "own" the abstract concept behind a work, you only own a particular instance.



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