Shakespare based "Hamlet" on the (public domain) legends of Amleth. And yet, I'm sure he "paywalled" it too.
And 'Shakespeare did it!' demonstrates... what, exactly? Is 'Newton was a Christian!' an argument for Christianity?
Common sense and common practice is that it's the things that are copyrighted by other that you must not demand money for -- because it's then that you're making oney by piggybacking on the work of others that they could still (and should still be able to) profit from.
Oversimplification. Walt Disney can't profit off Mickey Mouse, yet I'm still prohibited from profiting off that particular character.
But the public domain you can profit from, because anyone could have used the same idea as you, so it's your own contributions that makes it valuable to others.
Uh.... I don't get it. Imagine that somehow all laws regarding copyright were abolished overnight. (Probably via a hostile takeover of the Illuminati or something.) Wouldn't the exact same principle apply to all those suddenly-out-of-copyright works? Anyone could use the ideas (or the characters or the settings) I'm using, and therefore if people find any value in my works, that value must come from the artistic contributions I've made.
Now imagine copyright suddenly comes back into force. Of course, I can't sell my works anymore, but does that mean that their value evaporates? (Monetary value for the author, yes, but what of its entertainment/artistic value for the readers?) Why should the copyright status of the original work have any effect on the value of the derivative work?
Maybe I'm misunderstanding you drastically, but your argument seems to be 'it ain't wrong 'coz it's legal; it'd be wrong if it weren't'.
And 'Shakespeare did it!' demonstrates... what, exactly?
You effectively argued that "Hamlet and Philosopher's stone" should be public domain because Shakespeare's Hamlet was public domain. I'm telling you that Shakespeare Hamlet wasn't public domain at the era it was written, even though it was based on works that were public domain.
This IMO destroys the seeming argument from symmetry and obligation that you were using. If you were not using that argument, then I don't understand you why you consider it "more wrong" to put something ...
Human beings are all crazy. And if you tap on our brains just a little, we get so crazy that even other humans notice. Anosognosics are one of my favorite examples of this; people with right-hemisphere damage whose left arms become paralyzed, and who deny that their left arms are paralyzed, coming up with excuses whenever they're asked why they can't move their arms.
A truly wonderful form of brain damage - it disables your ability to notice or accept the brain damage. If you're told outright that your arm is paralyzed, you'll deny it. All the marvelous excuse-generating rationalization faculties of the brain will be mobilized to mask the damage from your own sight. As Yvain summarized:
I find it disturbing that the brain has such a simple macro for absolute denial that it can be invoked as a side effect of paralysis. That a single whack on the brain can both disable a left-side motor function, and disable our ability to recognize or accept the disability. Other forms of brain damage also seem to both cause insanity and disallow recognition of that insanity - for example, when people insist that their friends have been replaced by exact duplicates after damage to face-recognizing areas.
And it really makes you wonder...
...what if we all have some form of brain damage in common, so that none of us notice some simple and obvious fact? As blatant, perhaps, as our left arms being paralyzed? Every time this fact intrudes into our universe, we come up with some ridiculous excuse to dismiss it - as ridiculous as "It's my daughter's arm" - only there's no sane doctor watching to pursue the argument any further. (Would we all come up with the same excuse?)
If the "absolute denial macro" is that simple, and invoked that easily...
Now, suppose you built an AI. You wrote the source code yourself, and so far as you can tell by inspecting the AI's thought processes, it has no equivalent of the "absolute denial macro" - there's no point damage that could inflict on it the equivalent of anosognosia. It has redundant differently-architected systems, defending in depth against cognitive errors. If one system makes a mistake, two others will catch it. The AI has no functionality at all for deliberate rationalization, let alone the doublethink and denial-of-denial that characterizes anosognosics or humans thinking about politics. Inspecting the AI's thought processes seems to show that, in accordance with your design, the AI has no intention to deceive you, and an explicit goal of telling you the truth. And in your experience so far, the AI has been, inhumanly, well-calibrated; the AI has assigned 99% certainty on a couple of hundred occasions, and been wrong exactly twice that you know of.
Arguably, you now have far better reason to trust what the AI says to you, than to trust your own thoughts.
And now the AI tells you that it's 99.9% sure - having seen it with its own cameras, and confirmed from a hundred other sources - even though (it thinks) the human brain is built to invoke the absolute denial macro on it - that...
...what?
What's the craziest thing the AI could tell you, such that you would be willing to believe that the AI was the sane one?
(Some of my own answers appear in the comments.)