2026-09-28 19:23 UTC
So the point of copyright is to incentivize investment in creative works, and its mechanism is a set of limited rights over those works, for limited times. Copyright expires, and it is subject to "limitations and exceptions," including "fair use," a very broad set of highly situational rights to use works even if the rightsholder objects:
https://pluralistic.net/2026/02/07/aimsters-revenge/#effective-means-of-access-control
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@pluralistic@mamot.fr 2026-09-28 19:23
Now consider trademark: trademark could not be more different from copyright! Trademark is a *consumer protection* rule: it empowers companies to sue competitors who engage in deceptive conduct that could confuse their customers. The idea here is that if you get a pair of fake Nikes that fall apart within a matter of days, or eat at a fake McDonald's whose food is (somehow?) even worse than regular McDonald's food, you are unlikely to take action. 6/