The Sincerest Form of Flattery

It is absurd that replicating an idea or performance can be litigated against. The rationale for intellectual rights certainly does not hold up universally to reason, indicating it does not succeed in protecting something of inherent value without also producing at least some harm. Suppose that the first person to walk upright had claimed that action to be a novel and creative feat, and forbade anyone to mimic their style--with only the exception of this first-doer, or so-called "artist," the entire human race would be reduced to crawling (assuming that was not also copyrighted). This imposes severe restrictions on human attainment, and more importantly their wellbeing. The rationale behind intellectual property is that it incentivizes innovation within a capitalist system, to justify the overhead cost in speculative research and development. In truth the necessity for such laws indicates a severe shortcoming of capitalism. The initiative to innovate is not naturally accommodated by a selfish dog-eat-dog system, and so the accommodating policies (intellectual property law) are awkward, convoluted and impossible to reconcile with philanthropic values. Capitalism is opposed to the creativity that intellectual law is trying (and failing) to protect.