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> I said that if you're only considering the cost to the recipient, then the same analysis could apply with equal validity to theft.

If I choose to redistribute a piece of software, there is zero opportunity cost to either me, the supplier, or to the receiver.

> Talent is both rival and excludable.

...No, it's really not. "Talent" isn't even a good; it's an attribute - the fact that you're using the word in this way makes me suspect you don't really understand the underlying economic principles.

> The marginal cost of transmitting the information is essentially nonexistent,

As is the cost of producing a copy, which cannot be said for physical goods.

> but the cost of producing it in the first place (which depends on a finite supply of talented time) must be taken into account

I understand that you're trying to draw a comparison to the logic behind drug patents, but when you're dealing with a good for which the redistribution and production of all units beyond the first has zero opportunity cost, artificially imposing (by fiat) a cost on the redistribution and production is neither feasible nor efficient[1]

[1] In the economic sense of the word, not the ways it's often used colloquially.



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