Thoughts about this argument for right to repair?
Posted Jan 26, 2020, 12:27 AM UTC
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Posted Jan 26, 2020, 12:27 AM UTC
I consider violations of contract and intellectual property to be at the same level as assault and battery. Intellectual property is property, and we are a nation of laws and contracts. If we do not follow laws and contracts then all we have is anarchy.
-Albert Fairfax II
If I don't make a contract, all I do is "find" intellectual property without bothering to check on the state of it's license is that at all enforceable? Even our current draconian and tyrannical government can't enforce it.
If it can't be enforced is it even really law? For example Alabama's sodomy law that criminalizes gay sex. Is breaking that law really illegal?
Ah, but what about the unbreakable sanctity of contract, in the form of license agreements? /s
While I agree that certain aspects of IP law are wayyyy out of kilter, the "right to repair" movement has additional strategic problems on the horizon when it comes to the take-it-or-leave-it contracts companies try to impose.
Some libertarians would argue that both are "voluntary", because the employee agreed to the non-compete.
You still don't have to let the government enforce those contracts. I can't bind you to slavery via contract due to the thirteenth amendment. You can sign a contract that says you're my slave and I can try to convince or guilt you into following it but if I don't succeed it's just not going to be enforceable if I take it to court.
(The government totally can and does though. They decide to enforce those contracts for themselves.)