Those who consider the publication of a book to be equivalent to the
use of an author's property in the form of a copy (whether the
possessor came by it as a manuscript from the author or as a
transcript of it from an actual editor), and then, however, via the
reservation of certain rights, whether of the author's or of the
editor's, who is appointed by the author, want to limit the use of the
book only to this, that is, want to impose the rule that it is not
permitted to counterfeit the book, cannot, based upon the rationale of
this aforementioned consideration, attain this anti-counterfeiting
objective. For the author's property in his thoughts or sentiments
(even if it were not granted that the concept of such thought or
sentiment property has legal merit according to external laws) would
remain to him regardless of whether or not that property was used or
represented in the form of a counterfeit; and, since an express legal
consent given by the purchaser of a book to such a limitation of their
property would not likely be granted,* how much less would a merely
presumed consent suffice to determine the purchaser's obligation?
[*Footnote: Would an editor attempt to bind everybody who purchased
his work to the condition, to be accused of embezzling the property of
another entrusted to him, if, either intentionally, or by the
purchaser's lack of oversight, the copy which the purchaser purchased
were used for the purpose of counterfeiting? Scarcely anyone would
consent to this: because he would thereby expose himself to every sort
of trouble about the inquiry and the defense. The work would therefore
remain exclusively in the editor's hands.]
I believe, however, that I am justified to consider the publication of
a book to be not the trading of a good [in the form of a book] in the
trader's own name, but as the transacting of business in the name of
another, namely, the author. [By considering the act of publication
to be such a transaction], I am able to represent easily and
distinctly the wrongfulness of counterfeiting books. My argument,
which also proves the editor's right, is contained in a ratiocination;
after which follows a second, wherein the counterfeiter's pretension
shall be refuted.