I agree that the statement "Physical copies don't exist for digital media" is false (And I wasn't trying to assert that, of which I could have been more explicit), time of release aside. I can still hold the above position and not be in conflict with that, though.
The issue we saw is that there is no way to legally lend a digital resource to someone else, which is a constructed limitation. Lending here involves two things, one is that the resource is exclusive and the other that it has the same traits as the original good. In crux, why do an illegal, but "not as bad" thing when there is no legal difference -- just do the illegal thing at that point.
This is how torrenting, piracy, and account sharing became normative. Access to digital goods was restricted further than physical goods, meaning that as content moved to digital first, there was a dissonance between worlds (This is where all the "First Sales Doctrine" litigation tens of years ago comes from). When that dissonance was resolved in favor of businesses, we adjusted via legal brinksmanship -- wherein we said "This is normal behavior, but if you're calling it abnormal and illegal I'll just do the actually illegal thing because it doesn't matter anymore".
I have a library card, where I borrow exclusive, digital copies of a resource for a reasonable price (If we snake a path between my taxes and the library service). I think this system is great, even though it has just the same properties as physical lending has. It is when properties are lost inexplicably that you see new, emergent behavior.
Once again, I understand that this isn't widely accepted view point in some circles and that you may just fundamentally dislike it. I know that behavior might be illegal by US code, but the nature of something being illegal is that it is illegal because it is an accessible possibility. We create laws to inhibit possible behavior, and, in this case, many of us have just said "I don't care" to these laws in a similar way to jaywalking or speeding.
> Access to digital goods was restricted further than physical goods
You only have two choices as a rights holder when it comes to digital works; much less sharing or much more. There's no workable digital equivalent of the kind of sharing limits imposed by having to move a physical thing from one place to another. In order for sharing to be viable with digital versions the DRM would need to be much more sophisticated, or the prices would need to be much higher.
Edit: if you want a concrete example of the harm caused by this attitude, go look into why there's no HD remaster of DS9 or Babylon 5. The studio broke down sales figures for previous SciFi remakes and then the degree to which those shows are torrented. If even an appreciable fraction of the freeloaders ever actually bought the discs, then it would be worth it to make one. You don't, so they don't.
The issue we saw is that there is no way to legally lend a digital resource to someone else, which is a constructed limitation. Lending here involves two things, one is that the resource is exclusive and the other that it has the same traits as the original good. In crux, why do an illegal, but "not as bad" thing when there is no legal difference -- just do the illegal thing at that point.
This is how torrenting, piracy, and account sharing became normative. Access to digital goods was restricted further than physical goods, meaning that as content moved to digital first, there was a dissonance between worlds (This is where all the "First Sales Doctrine" litigation tens of years ago comes from). When that dissonance was resolved in favor of businesses, we adjusted via legal brinksmanship -- wherein we said "This is normal behavior, but if you're calling it abnormal and illegal I'll just do the actually illegal thing because it doesn't matter anymore".
I have a library card, where I borrow exclusive, digital copies of a resource for a reasonable price (If we snake a path between my taxes and the library service). I think this system is great, even though it has just the same properties as physical lending has. It is when properties are lost inexplicably that you see new, emergent behavior.
Once again, I understand that this isn't widely accepted view point in some circles and that you may just fundamentally dislike it. I know that behavior might be illegal by US code, but the nature of something being illegal is that it is illegal because it is an accessible possibility. We create laws to inhibit possible behavior, and, in this case, many of us have just said "I don't care" to these laws in a similar way to jaywalking or speeding.