It would be worth a try to outlaw compensation for advertising. The spirit of free speech is usually that you aren’t being paid for it.
It would be worth a try to outlaw compensation for advertising. The spirit of free speech is usually that you aren’t being paid for it.
Suppose a company wants to write some product documentation so customers and prospective customers know what features their product has and how to use them. They hire someone to write the documentation and then someone else to distribute it. Is there a good way to distinguish this from advertising?
The most plausible way would be if the one you're paying to distribute it has some kind of exclusive control or market power over the distribution channel so that you're paying them a premium over competing distributors. But then wouldn't the best way to prevent them from extracting that premium to be to make it so nobody has exclusive control over distribution channels, e.g. by breaking up concentrated markets or requiring federated protocols?
>Suppose a company wants to write some product documentation so customers and prospective customers know what features their product has and how to use them. They hire someone to write the documentation and then someone else to distribute it. Is there a good way to distinguish this from advertising?
Yes. You self host it as a company, and it can only be reproduced (if they wish) in outlets (say review sites) when there's no payment or compensation of any kind involved for that.
It's a corporation though. It can't do anything without paying someone to do it, unless someone volunteers to do it for free, which isn't very likely. And how do you self-host distribution? You would have to run your own fiber to every customer's house or spin up your own postal service or you're paying someone to do that.
>And how do you self-host distribution?
You have your own website and your copy on it. Don't start that "but if you pay some hosting provider to host that website that would be advertising", or the
"And how do you self-host distribution? You would have to run your own fiber to every customer's house or spin up your own postal service or you're paying someone to do that."
that borders on being obtuse on purpose.
If you pay some hosting provider then you're obviously paying someone, and now you have the caravan of trucks going through the loophole because Facebook et al get into the hosting business and then their "spam filter" trusts the things on their own hosting service so using it becomes the way to get seen.
There are legal definitions of advertising, I’m sure the courts will be able to figure it out.
The "legal definition of advertising" is the thing you have to write into the law you want to enact. If you can't answer the question as the proponent of the proposal then how is a judge expected to do it?
What the parent is getting at is it's not a mystery, such definitions already exist in all kinds of jurisdictions.
In any case it's trivial to come up with such a definition that covers most cases. Doesn't matter if it doesn't cover some gray areas or 100% of it. Laws can be supplemented and ammended.
We don't have an all-encompassing definition of porn either, but we have legal definitions, and we have legal frameworks regarding it.
> Doesn't matter if it doesn't cover some gray areas or 100% of it.
That's exactly the thing that matters when you're dealing with something where every loophole is going to have a caravan of trucks driving through it.
> We don't have an all-encompassing definition of porn either, but we have legal definitions, and we have legal frameworks regarding it.
You're picking the thing which is a hopeless disaster as your exemplar?
>That's exactly the thing that matters when you're dealing with something where every loophole is going to have a caravan of trucks driving through it.
Everything with profit "is going to have a caravan of trucks driving through it". He have laws anyway for those things, and for the most part, they're effective. I'd take a relative improvement even if it's not 100% over free reign.
>You're picking the thing which is a hopeless disaster as your exemplar?
I don't consider it a "hopeless disaster" (except in it's effects on society). As a business it's regulated, and for the most part, stays and follows within those regulations. The existence of dark illegal versions of it, or exploitation in the industry, doesn't negate this.