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program_whiz a day ago

Correct, and for some reason America has gotten to an "over legalization" state where every concept has to filter through a legal system in order to be good / bad. I think that's where the matter comes from. Pedantic legalists insist that everyone couch their ideas in a rigid set of legal statutes.

"But you just said that an individual should be able to use copyrighted works. Therefore you should have no qualms with a legal individual (corp) utilizing every copyrighted work in the world to destroy society, as nothing they are doing is illegal under your rubric."

The reality is most humans operate from a more natural and intuitive sense. A single artist who made a song shouldn't be destroyed by the big corp that is stealing it for their own profit (e.g. Elastic vs. Amazon). But its hard to interpret this in the strict legalist sense, because in the US, law is setup to make corps/people, money/speech, art/product, all hard to distinguish, and generally doesn't give much affordance to "what the law reasonably meant" when challenged by corporations (but it does seem to be applied quite conservatively for individuals).

For example, data protection laws tend to be applied quite loosely to corps with slaps on the wrist and stern words. For individuals, accessing data you shouldn't can mean the rest of your life in prison. People feel this is unfair, but the legalists will use a bunch of reasoning to excuse the clear immorality.

Its definitely "using the intellect and words to override correct human moral intuitions."

znnajdla a day ago | parent [-]

This is exactly why some legal systems are intentionally not codified in language, i.e. the Qadi system. There are no laws, there are only mutually agreed upon judges who adjudicate between parties who bring a complaint. Every case is different and there are no set of rules that can cover every edge case. Programmers of all people should know this.