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this post was submitted on 26 Oct 2023
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Showerthoughts
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Exclusive rights and monopolies are not the same thing. Monopolies are about access to a category of things or services that fulfill a need, not one specific thing. E.g. Samsung has exclusive rights to sell Samsung TVs, but they don't have a monopoly on TVs, and talking about a monopoly on Samsung TVs specifically makes no sense. Similarly no one has a monopoly on landscape drawings, rock music or scifi movies, just exclusive rights to specific pieces of art or literature that they created.
As a side note, patents are a different story imo. Because overly broad patents can actually give you exclusive access to an entire category, and therefore a real monopoly. But you can't patent art.
your Samsung example is trademark. it's not copyright.
Because the example is not about copyright in particular but monopoly vs exclusive access. I wanted one that's not about art to illustrate the point, and the priciple is the same in this regard.
trademark has nothing to do with copyright. they're two sets of laws that developed a two different times for two different reasons.
So, what does that have to do with the exclusive rights vs monopoly discussion? Both give you exclusive rights, doesn't matter that they come from two different sets of laws.
trademark is a consumer protection. copyright is a fucking monopoly.
do you know how I know that you aren't a copyright lawyer?