It is prevented by anti-counterfeiting measures. I know how hard it is to imagine for people so used to suckling at the teat of the nanny-state, but the free market really does have the solution to everything. If a company wants to keep others from copying its product, the need to keep it secret, or put a watermark on it, or maybe they invest in an encrypted uncopyable CD, or whatever.
hahahahahaha. uncopyable. hahahahhaha.
There is no such thing as an "un-copyable" cd. A song is a pattern of sounds. If the sounds can be played back, the pattern of sounds can be replicated.
Think about it, Einstein. Don't you think that if such an "uncopyable" mechanism were possible, all the record companies and all the movie companies would ALREADY be making all of their products "uncopyable", given how much money they are losing to pirating??? The reason they are not, is that this kind of complete 100% "uncopyable-ness" that you are talking about is IMPOSSIBLE.
The kind of encryption and protection measures that record companies are currently using is a deterrent, nothing more. It makes it a hassle for the average joe to do on his home laptop. These protection measures are not by any means insurmountable (as evidenced by the rampant pirating that exists), and certainly would not be for a company with vast resources at its disposal.
If they fail then they fail, and the counterfeit achieves the success. That's how the market works, for crying out loud!
Uh-huh, exactly my point. Since this mystical "uncopyable" encryption you made up isn't actually possible in reality, all companies that pay artists for their product will end up having their products copied, and they will fail. Therefore, as I already pointed out, NO companies will pay artists for their product.
If a third party isn't part of the contract, they are within their rights to copy an idea. The government stepping in and preventing it is just a protection racket.
The person who "originally" came up with the idea (whatever that means) does not have some metaphysical claim to all profits yielded by that idea. It is absurd and has no basis in propertarian theory.
If the counterfeiter does a better job capitalizing on the idea, so be it. It is up the to entrepreneur to protect their business. If the lack of coercive protection rackets changes the landscape of the market place, so be it. I refuse to support an illegitimate protection racket just so that you can have your steady supply of Britney Spears records.
You're exactly right, the landscape of the market will change. Companies will no longer invest in developing products that are inherently vulnerable to replication (ie, companies will no longer invest in creating music, movies, etc.). Maybe you're cool with that. I'm not.
It is not the role of government to prop up a business model that only works with illegitimate coercion of third parities.
You can keep asserting that personal opinion all you want. I'll keep asserting mine: yes it is.