Thursday, 23. January 2003
Use the right language for the right effect.
Doc Searls writes about language used by the different sides in the Eldred Trial:
Catch the language. While the one side talks about licenses with verbs like copy,
distribute, play, share and perform, the other side talks about rights with verbs like
own, protect, safeguard, protect, secure, authorize, buy, sell, infringe, pirate,
infringe, and steal.
This observation is a problem I have thinking of for a long time. First you can't steal immaterial goods. At least not in Germany. Thivery in German law consists of taking away a thing from the owner and usurp it for yourself or somebody else. software and music are no thing. And you can't take them away. You might steal the medium where it is embodied on, but that's a different thing. In the usual form of infringement you even the owner does not even mention that you have "something" more, since the gread thing about digital goods is the fact that they can be copied without degeneration in source and copy.
While you shouldn't allow this fuzzy terms to lead you to fuzzy thinking you might try to use it against your opponents. Try phrases like:
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