Once more about intellectual property law

Suppose I am a writer. I live in Ancapistan. I wrote a book. I posted it on my website, free for readers. At the top, I put a banner that rotates with every view and brings me a little bit of money. At the bottom, I put a donation button.

A malicious pirate copied my book to his own site. He threw out a couple of chapters he didn’t like. He put his own banner at the top. He put his own donation button at the bottom.

If I take a little shotgun and go to kill him, will the jury acquit me?

анонимный вопрос

This is a supplement to the question proposed by the King of Sex and Tea Bags, but this time without a signature.

Oddly enough, I quite often do exactly what you described. Some Bitarch or Vitaly Tizun posts an article. I take the text, correct the commas, remove paragraphs I don’t like, accompany it with some comment of my own, and post it on my own site, not forgetting to place a “donations” button under the post. As it happened, none of them have come at me with a little shotgun for this; in fact, some even praise me, saying the edited text is easier to read. Perhaps it’s because I credit the author and provide a link to the original post. Therefore, the authors see their own benefit in my behavior and do not object.

But what if I ignored the norms of netiquette, took anyone’s texts, edited them however I liked according to my taste, and posted them in a channel under my own name? One thing would be obvious in this situation: it would also be unnecessary for others to observe the norms of netiquette in their attitude toward me. Perhaps the slandered authors would rain attacks on me in social networks and tediously explain to the public that they are the actual authors of the text, that the originals should be obtained from them, and that they are the ones who should be donated to if the work was liked. And I would continue my strange approach to content creation, focusing on exactly what and how I change in the posted texts. For example, I might post the text of the Iliad, leaving only the first half of the second song, and refer all those who are outraged to Mandelstam. Over time, I would gain a community of connoisseurs of my specific edits. Or perhaps the readers would quickly get bored. That’s the market.

Now, if I focused not on self-assertion through edits, but on simply posting as many “tasty” texts as possible, I would end up with a very ordinary electronic library. In this case, it would be redundant for me to cut out even the author’s name and substitute my own; I would post it as is, but I would take care of fast servers, providing the text in all popular e-reader formats, and other things valued by users. I would try to ensure that I have everything people are interested in, in the most convenient form for reading. I would develop a reader community, interview authors, and so on. And the authors would come to me themselves, suggesting, “Look, I have a fresh book here, take it, and give me a percentage of the donations.” I would say: ok. I would allocate a personal section for the author in my library, make them a moderator there, let them answer readers’ questions and entertain them in every way, and we would split the income in an agreed proportion.

Of course, if I behaved like a textbook “mudesa,” treating authors with disdain—saying, “be grateful that you talentless hacks are published anywhere at all, you should actually be paying me for this”—or, say, inserted scenes into someone’s books that made the author look like an idiot—well, then perhaps I would drive someone to the point of coming at me with a little shotgun. But I could just as easily drive anyone to that for any other reason; here, the activity of posting other people’s texts is no longer the principal issue. And the more vilely I behaved, the more people wondered how I hadn’t been shot yet—the more satisfaction they would feel upon the occurrence of that fact. Of course, those who demand compensation from the killer for my murder would find it difficult to find a sufficiently impartial court, but not everyone in the world is a fan of literature. So, they’d hardly be acquitted, but they probably wouldn’t be judged strictly either.