Slashdot Mirror


What If There Was No Copyright Law?

Snocone asks: "It seems lately that a whole lot of the discussion on Slashdot centers around copyright law. Napster, DeCSS, the GPL; in all of these discussions the fundamental power over which there is a struggle derives from the law of copyright. And in all these cases, the fundamental existence of copyright is hardly ever questioned. However, copyright is not a law of nature. Such force as it has is a product of international treaty, specifically the Berne Convention and related treaties of the World Intellectual Property Organization. And there are nations which are not signatories to the Berne Convention; a complete list of contracting parties can be found here. Note that as of July 19, 2000, there were only 146 signatories. Just to pick a few A's, Afghanistan, Andorra, and Angola are not included. What, exactly, would the RIAA be able to do about it if Napster had been bright enough to set up its servers at napster.ao in Luanda? What would Microsoft be able to do about ftp.freewindows.af in Kabul?"

"Now, think about what this means. These countries have no protection for intellectual property, at least not for any not produced and/or registered within their borders. That means you can freely appropriate music, DVDs, commercial software, GPL'd code -- anything available is public domain, as we understand the term. This used to be of only marginal interest since the infrastructure for entrepreneurial types to capitalize on this lack of protection wasn't available, but the growing use of the Internet makes this lack of universal copyright applicability a bit more interesting.

Sooner or later, these outlying regions are going to have significant Internet connectivity. Will they all bring their intellectual property protection standards into line with the 146 Berne nations ... or not? And if not, what exactly, will happen then? Is intellectual property protection important enough to cause diplomatic isolation? Trade wars? Real war?"

316 comments

  1. Can't you grant copyright to a country? by beebware · · Score: 3

    I'm just wondering if you were to copyright your software '(c) Kingdom of Andorra' (for example) whether or not the country would be able to 'acquire' the copyright. And since the country has no IP laws the software would be free to copy...
    Of course, it wouldn't quite work for warez etc as it'll be (c) Mickeysoft Inc, USA (example) and if you live in the US you'll still be liable for copyright theft.
    Oh - don't forget that Napster was designed to be a _legal_ service, _N_ew _A_rtist _P_rogram - it wasn't made to shift copyright materials around the 'net.
    Richy C.
    --

    1. Re:Can't you grant copyright to a country? by Elvis+Maximus · · Score: 2
      And since the country has no IP laws the software would be free to copy...

      Just because they aren't signatories to the international conventions on IP doesn't mean they don't have IP laws.

      -

      --

      -
      Give me liberty or give me something of equal or lesser value from your glossy 32-page catalog.

    2. Re:Can't you grant copyright to a country? by unsanity · · Score: 1
      Oh - don't forget that Napster was designed to be a _legal_ service, _N_ew _A_rtist _P_rogram - it wasn't made to shift copyright materials around the 'net.

      err.. Napster was named because Sean (Shawn?)'s nickname on IRC, etc has always been 'napster'. im sure somewhere on this crazy internet it is even told how he got it.

      and, while New Artist Program may be a snazzy marketing gimmick/ coincidence, it wouldnt make much of a basis for a nickname for a seventh grade kid who falls asleep in social studies. :p

      --kevin

      --
      vOv
    3. Re:Can't you grant copyright to a country? by GCsoftware · · Score: 1

      Just thought I'd point our that Andorra is a Principality, not a kingdom.

      The heads of state are the French president and the Bishop of Urgell.

  2. Opportunities for those Countries exist. by flex_fc · · Score: 2

    For some of the poorer coutries who are not signatories this may be an oppotunity because if say, Napster went to Angola then they will get publicity and an influx of technology and knowlege. That is not to say that those coutries must become piracy centres but they could provide a little more freedom.

  3. Why it Exists by head_the_mongoose · · Score: 2

    Copyright exists due to human pride but also human greed and jealousy. Much like communism, life without copyright is a theoretical dream that would not last in reality. If we were to start again without copyright there is no doubt in my mind that it would eventually appear again, for it is human nature to want what is your's to stay your's. Anyone agree?


    "But Doctor, if they take away my head surely I'll die?"

    --


    "Fun Gums"
    1. Re:Why it Exists by Thackeri · · Score: 3
      ... No, not entirely!

      Copyright should ensure that hard work is rewarded. If everything an individual/company did was up for grabs companies would spend more time investing in uncopyable software/products and less time inventing new and wonderous toys for us to play with.

      Imagine what it'd be like is every piece of commercial software came with a device to allow access to the software? Some kind of optical de-scrambler (anyone remember Elite on the Speccy?). Or a device you had to connect to USB/some other port?

      It'd cost us a lot more in the end. Movies costing millions of $s (which are occasionally good) wouldn't get made (imagine life with no 5th Element or Matrix if you dare).

      Maybe music would benefit without the controlling megacorps and maybe we'd get used to the lack of huge mane bands (U2, Mariah or whoever).

      Maybe other areas would also benefit from a lack of protection but I doubt we'd end up with certain high quality products. Open source only stands proud in the light of companies like M$, Sun and others IMHO.

      Anyway, without copyright protection we wouldn't have enough articles posted to /. to pass the day... we might even end up doing some work :-)

      Iain

      --
      Better the pride that resides in a Citizen of the world, than the pride that divides when a colourful rag is unfurled
    2. Re:Why it Exists by head_the_mongoose · · Score: 1

      "Anyway, without copyright protection we wouldn't have enough articles posted to /. to pass the day... we might even end up doing some work :-)" not even open source is that powerful..


      "But Doctor, if they take away my head surely I'll die?"

      --


      "Fun Gums"
    3. Re:Why it Exists by head_the_mongoose · · Score: 1

      "mccarthy boy"

      interesting idea since i was known to be a communist.. but i turned against it..

      i was comparing what is a very common belief of the downpoints of communism with copyright law because if i hadn't thought of an analogy within 5 minutes I would have had comment 140-odd which would have been worthless.

      i do apologise about the apostrophe - i never used to put one but strangely slashdot has affected my mind..


      "But Doctor, if they take away my head surely I'll die?"

      --


      "Fun Gums"
    4. Re:Why it Exists by Raffaello · · Score: 1

      "Get you're mind out of the 1950s, McCarthy boy."

      "you're" = contraction of "you are," so you just wrote:

      "Get you are mind out of the 1950s, McCarthy boy."

      If you're going to post on grammar, please make sure that you don't make grammatical errors in your own post. It tends to confuse the issue.

    5. Re:Why it Exists by Ronin+X · · Score: 1
      I thought he was doing that on purpose, there were so many errors in such a short space:

      Their seems to be a problem... Hello! Learn the difference between there (what you meant), their, and they're.

      Its annoying ... You're bitching about an extraneous apostrophe, then you leave one out. "Its annoying" means IT owns an ANNOYING.

      not more annoying then ignorant comments ... THEN refers to a time. THAN is for comparisons.

      Get you're mind out of the 1950s ... pointed out above.

      --
      Ok my karma is maxed out. When do I become Enlightened?
    6. Re:Why it Exists by Ronin+X · · Score: 1

      Oh, you got me again, you wacky Anonymous Coward!

      --
      Ok my karma is maxed out. When do I become Enlightened?
    7. Re:Why it Exists by Peter+Tsapatsaris · · Score: 1

      Copyright law fosters creativity by ensuring that people will be willing to incur costs to create new products. Creating new ideas costs time, energy, and money. Patents and their like allow people a modicum of assurance that they will be compensated for their efforts, which creates an incentive to produce ideas. Without such laws creativity is chilled, individuals suffer for lack of funds, and society suffers for the loss of potential ideas.

    8. Re:Why it Exists by DarkSyd21 · · Score: 1

      I have no problem with copyright in general..Thomas Jefferson agreed, even though he hated the idea, that we need a LIMITED time copyright laws... But nowadays obviously LIMITED means that the New crappy Brittany Spears cd cant hit public domain until your great grandchildren are out of high school... How is that a LIMITED... if there are LIMITED edisions of pepsi cans but for your entire life the constantly make them and are the only kind of can around...then that would be UNLIMITED.

      --
      -------------- DarkSyd21 -------------- "For Christ's Sake!! Put Some Pants On!!!"
    9. Re:Why it Exists by Prometheous · · Score: 1

      Not quite: take a look to the Constitution. Copyright law in this country exists for the "promtion of the useful arts." Notice that the focus is on the benefit to society, not to the creator of the work. As soon as the law ceases to benefit the public, then it is beyond the purpose envisioned by the framers of the Constitution.

    10. Re:Why it Exists by edfurniture · · Score: 1

      It doesn't seem that anyone cares about the copyrights of famous works of art from times past. Seems the only time copyright becomes important is when there's massive amounts of money (and crap) changing hands in popular culture. My take? Copyrights are stupid.

    11. Re:Why it Exists by mpe · · Score: 2

      Not quite: take a look to the Constitution. Copyright law in this country exists for the "promtion of the useful arts." Notice that the focus is on the benefit to society, not to the creator of the work.

      With benefit to the creator being the incentive for their continuing to produce... However the current situation, where many copyright holders arn't even the producers of works, can easily be a disincentive to further production. In most cases copyrights will now last longer than the creator anyway.

  4. Imagine... by Apotsy · · Score: 1
    If John Lennon were here today, he'd be singing:

    Imagine there's no intellectual property
    It's easy if you try
    No RIAA hovering over us
    etc.

    I'm too tired to write the rest.

  5. Temp Laws by Icebox · · Score: 3
    Many countries that don't have copyright laws certainly don't have the economic strength or stability that we enjoy in the US. Although there are others that don't have copyright laws as strong as ours yet still enjoy economic health.

    The reasons for a good economy are mind bogglingly vast, there is little doubt that to promote research and development under a capitalist system companies will require some sort of protection in the way of copyright. To remove it completely would discourage the for-profit folks from pouring money into new technology. I think what has been lost, particularly since the advent of 'intellectual property' is that these laws were originally intended to be temporary. Just left in place long enough to recoup any money put into R&D. Corporations have successfully convinced lawmakers and the USPTO that they need their copyrights extended beyond any reasonable period so that they can maintain their market advantages.

    The best solution, in my humble opinion, is that a no loopholes time limit be placed on all copyrights beyond which they cannot be held. This would force companies to take a harder look at whether they can make enough money quickly enough to justify product development. It might harm R&D in a small way, things that wouldn't provide enough return during the copyright period just wouldn't get done, but it might also improve competition and swing a little of the power away from big business.

    As an aside, was the Lettermen network switch the advent of intellectual property? I seem to remember that it was treated as a radical concept by the media.

    --
    Icebox
    1. Re:Temp Laws by The+Monster · · Score: 2
      The best solution, in my humble opinion, is that a no loopholes time limit be placed on all copyrights beyond which they cannot be held. This would force companies to take a harder look at whether they can make enough money quickly enough to justify product development. It might harm R&D in a small way, things that wouldn't provide enough return during the copyright period just wouldn't get done, but it might also improve competition and swing a little of the power away from big business.
      Have you ever heard of "orphan drugs"?

      There are some medical conditions from which so few people suffer, that (after subtracting the lengthy FDA approval process from the statutory 17 year patent term) there is just no way to justify further research. While I think the ex post facto extension of copyright or patent terms we've seen in recent years is absurd, I do think it'd be a good idea for future patents on technology subject to regulatory approval have the expiry "clock" start with that approval, allowing the full 17 years to recoup the R&D.

      DISCLAIMER: The Bride of Monster has Myasthenia Gravis, an "orphan disease". She has taken the same medication for decades, because nothing new has been developed. So I'm prejudiced? Maybe.

      --

      [100% ISO 646 Compliant]
      SVM, ERGO MONSTRO.

    2. Re:Temp Laws by Icebox · · Score: 3
      I'm somewhat familiar with orphan drugs, at least through reading about them.

      In the interest of fairness I think all patents ans copyrights ought to begin at the point of approval. Doing otherwise would only punish consumers for the inefficiencies of bureaucracy. The way most corporations calculate return on investment any lag time between the start of research and the time a product actually makes money will be reflected in its cost. If a company invests a hundred million dollars in something that can get to market in five years they will want to get back five years worth of the opportunity cost of spending that money elsewhere. If the FDA ties things up for a couple of years it will just force the company to increase its price.

      The purpose of all of this is to encourage investment through reasonable protection while keeping some semblance of competition. The hard part is striking a good balance between the two.

      --
      Icebox
    3. Re:Temp Laws by Anonymous Coward · · Score: 1

      first, issues like who "owns" the "press" can never even become an issue until you first have freedom of the press. That's why many of these countries will never amount to a real threat.
      second - copyrights are not known to create progress in research. Infact, the GPL came out of one of the most open-research environments in the free world in response to how copyrights hinder open research and development.
      finally, copyrights are much more of a government regulation that hinders commercial activity than a property right. Most other property rights exist imspite of government - not because of them. As far as what happens when copyrights go away - I think we're already seeing what happens. The emergence of Linux has undone unix fragmentation that has been going on for 20+ years and has broken MS monopolistic pratices more than any govt authority ever could and created an explosion of economic activity. The development of things like the internet and mp3s has caused an artistic explosion never seen before in US history. The internet and p2p technologies are the most anti copyright inventions that could ever be concieved - yet the consequences have benefited us infinitely more then they have hurt us. (if anyone has suffered from the unabashed piracy at all)

  6. Evloution of existing age-old situation? by ColdGrits · · Score: 2

    Difficult one to say, really.

    I guess the closest example to look at is that of China, where it is well known that you can get most things counterfeited, be it clothes, watches or software or CDs or DVDs etc.

    Companies complain about the piracy, and from time to time there are token raids to shut them down, but they just move on and start up elsewhere.

    No government has decided to make anything formal or make any diplomatic protests about it.

    However, this is probably still sufficiently different from the examples being raised by the poster, because in the new examples, access to said data is much much easier (OK, I can get a CD stuffed full of pirate software for $10 in Hong Kong, but it costs a lot to get there!).

    Personally, I would expect that M$ et al would go after those whom they suspectedof downloading the pirate software etc, rather than the servers themselves in those cases?

    Now, how they could work out exactly WHO was downloading is a different question, of course!

    (Surely M$ wouldn't stoop to organising sustained DDoS attacks on such servers, would they?)

    Anyway, just MHO, do with it as you will!

    --

    --
    People should not be afraid of their governments - Governments should be afraid of their people.
    1. Re:Evloution of existing age-old situation? by ColdGrits · · Score: 1
      "he brought up the point of how you can use serial numbers like 777-77777 or 000-00000 in lots of the Microsoft software, surely a company of this size couldn't make this mistake by accident.. "

      The way that M$ software checks to see if a serial number is valid is to do an extremely simplistic calculation based on each digit in the number you enter.
      What this means is that there are, for each product, 1,000,000 possible valid serial numbers (1 in 10 of all possible combinations, basically).
      It's just that the common one most people know is 1111111.

      Incidentally, 1111111 and similar will no longer work on the '2000 range, because M$ have changed their checking system.

      *cough*1111112*cough*

      --

      --
      People should not be afraid of their governments - Governments should be afraid of their people.
  7. Not Much Different than today by anonicon · · Score: 1
    Well, two things would be different. First, assuming I decided to store someone else's (read: RIAA, MPAA, Software industry) copyrighted material in this CR-Free zone, they could easily employ bribery or threats by themselves or through the U.S. government to have this stash killed. At that point it's in the hands of the local authorities (see Norway + the DeCSS creator).

    Two, as in other CR-Free zones, I think the remaining distribution would be pretty much the same as in Thailand or other non-CR havens.

  8. Only in the short term... by fitsy · · Score: 2

    These countries for a short while will thrive on the lack of copyright laws and will be a heaven for "pirated" Music/software/Video etc, but as time will go on, they will get pressure from Western countries to tighten up their copyrihgt laws in exchange for "development" funds and other sweetners.

    Some countries (especially Arab) will obviously give the US the 2 finger salute, but even so I don't think the situation will last forever.

    We will have to wait and see how companies like Havenco get on...

  9. boooooooooooom by H*rus · · Score: 1

    Watch out!

    You don't know of the secretly implemented self-destruct sequence, witch will destroy the program and the network it's on when a MS program is illegally distributed.

    In the past the'd just send your personal data to a pi who'd hunt you down and make you disapear. Past arabic 'events' have proven this way is more effective.

    Mark
    "Only two things are infinite, the universe and human stupidity, and I'm not sure about the former."

    --

    - if you love something, set it free; if it doesn't come back, hunt it down and kill it
  10. Servers in Angola? by say · · Score: 2
    Uhm I wouldn't place my servers in Angola - considering the power trouble they're having there ;)

    Actually I think it would be really good if these countries got a better infrastructure when it comes to internet; after all we've taken everything from them already, so now it's time for them to exploit us a bit.

    --
    Roses are #FF0000, violets are #0000FF, all my base are belong to you
    1. Re:Servers in Angola? by Interrobang · · Score: 1

      Other problems with many of these such places is that often, their governments have restrictions on the use of the Internet, and/or "presence" requirements. I mean, Singapore, for instance, is a very wired kind of place, but it's fairly hard to get a non- .mo*.sg domain, "mo" in this case denoting "Ministry Of..."

      JFYI, you should see the emphasis on civics and nationalism on pages in the moe.edu.sg domain... Kinda creepy...and very telling.

  11. Afghanistan ain't going to help with Napster by Goonie · · Score: 5
    The current de facto rulers of most of Afghanistan (a bunch of crazies called the Taliban) are inflicting a cruel and brutal version of fundamentalist Islam on its citizens. As I understand it, TV and radio are banned as "undesirable influences", and about the only "entertainment" are the public stonings, amputations, and killings for violating Islamic laws. However, they are not internationally recognized as the legitimate government, and as such there is *no* government that can sign the Berne convention.

    According to the CIA world factobook, Afghanistan is also the world's largest illicit opium producer and exports large amounts of hashish, and profits from that drug trade go to continuing the perpetual civil war.

    While I don't regard the issues raised by Napster as trivial, a bit of perspective might go a long way sometimes.

    --

    Any sufficiently advanced technology is indistinguishable from a rigged demo
    --Andy Finkel (J. Klass?)
    1. Re:Afghanistan ain't going to help with Napster by stud9920 · · Score: 1

      You smelling stinking impeRRialistic female pigdog ! We shit on yourRR occidental faces!

    2. Re:Afghanistan ain't going to help with Napster by JasonVergo · · Score: 1

      Money talk, bullshit walks.
      I'm sure Afganistan would have no problem with setting up a server there, if you paid them enough. Especially, if it is going to piss off the US

    3. Re:Afghanistan ain't going to help with Napster by neuneu · · Score: 1

      Ali G interviews Stansfield Turner, who was the head of the CIA.

  12. war by wren337 · · Score: 1

    Does anyone believe that we would allow such a hotbed of copyright theft to exist forever? They would be bought off, isolated from the network, or failing all else they would be attacked militarily. No corporate loss of any magnitude would be tolerated by the government for any length of time.

  13. The Pope? by linuxghoul · · Score: 1
    Did you note that the vetican is missing from the list? Who says Religion and Copyright violations can't go together?

    :-)

    --
    Sigura Non Grata
    1. Re:The Pope? by fb · · Score: 3

      The fact that a nation did not sign the international convention does not mean it has no copyright law at all. Many of the nations who did not sign the convention have their own laws about copyright.

      --
      fB
    2. Re:The Pope? by the+real+jeezus · · Score: 1

      You forgot organized crime, the mafia, la cosa nostra, etc...
      During the early 1980's, when things such as the Iran/Contra affair were being investigated, as well as the Propaganda 2 (do a google on "P2"), the trails seemed to vanish inside the Vatican. Been there? It takes about twenty minutes to circumnavigate the entire country on foot. Tiny, but powerful.

      Oh, and the largest collection of stolen art in the world--kinda makes the Nazis look like boy scouts.

      In 1999, marijuana killed 0 Americans...

      --

      Ewige Blumenkraft!
    3. Re:The Pope? by Raffaello · · Score: 2

      The "vetican?"

      Is that where Roman Catholic pets go for their rabies shots? Try 'Vatican.'

  14. Copyright is *essential* by Jon+Erikson · · Score: 2

    Unfortunately copyright law is essential to human endeavour thanks to the fallen nature of human kind. And whilst we might all like to pretend that we're enlightened people who could exist in a state where everything is available to everyone, let's face it the fall of the USSR showed us that this state of affairs just isn't in human nature - all it takes is one person to spoil it for everyone.

    Anyway, in a capitalist society it is a given that it is far cheaper, and therefore better, to steal someone else's work rather than invest the time and resources in producing your own. Theft has a far lower cost, so it's far more appealing on purely economic grounds. Without such protective measures as copyright, there's no incentive to invest in producing your own goods, especially when we're talking about something as ephermal as the things copyright covers - written works, music and art. This is why I think Libertarianism is flawed - it encourages anything that increases wealth without regard to ethics in its purest form.

    Sure some people produce it for the love of it, but if they can't aren't able to be rewarded for their efforts then they won't have the time to fully concentrate on what they do - they'd have to get jobs and spend most of their time and energy trying to survive. Copyright ensures that people can profit enough from what they produce so that they can continue doing such work.

    Copyright is therefore a necessary part of any capitalist socioeconomic system in which you want to encourage creativity and development. Without it, we'd have stagnation and a slip back into barbarism and the Dark Ages.

    --

    Jon Erikson, IT guru

    1. Re:Copyright is *essential* by GavK · · Score: 5
      Stangnation like the human race had prior to copyright you mean?

      <SARCASM>
      I'm so glad we have copyright, you don't want communist-lackeys like Leonardo creating things, or Mozart, or Bach, we need the truly great products of a copyright and profit driven art, would we have what we have today if it wasn't for copyright? Britney Spears, Christine Aguillera, Boyzone, 5ive?

      What high-art copyright provides...
      </SARCASM>

      The difference would be twofold, (1) The quantity of stuff produced would go down, true, because only the people who truly wanted to do something would do it, and (2) Since they are usually the people who have the actual talent, the quality would go up.

      You might not like classical music, or Shakespeare, or any of the other people that produced stuff before copyright was invented, but I don't reckon people will know who Britney Spears is in a thousand years...

      --

      Gav

      "There's no such thing as data that can't be manipulated"

    2. Re:Copyright is *essential* by hyphz · · Score: 2

      The problem with Copyright is that it's a great idea, but it has a whole bunch of breakdowns.

      The first, for example, is the requirement for expression to be tangible and fixed. They have to do that to make the law even vaguely implementable, but it immediately unbalances it, because it means that to get credit for your "intellectual property", you have to get it instantiated in a way that's physical rather than intellectual! Since the capitalist distribution system controls the physical resources necessary to do that, people who can't afford to create fixed expression can't ever be protected by copyright no matter how many fantastic expressions they might create. A homeless guy who hums a tune to himself and a pop singer who plays the tune on a guitar to millions have both done the same creative work in thinking of the tune (once you've throught of the tune, playing it on a guitar doesn't need any extra creativity), yet one's work is rewarded by gaining ownership of IP and the other is not.

      A similar one is the parallel development law - now not only must it be fixed, but you have to make sure that lots of people have heard/seen your expression, otherwise they can recreate it and claim parallel development. This means that marketable works are more easily copyrighted than non-marketable ones because the marketable ones can be more easily distributed on the market, even though it may take just as much creative work to come up with a non-marketable expression as a marketable one.

      The result of that is that the stated aim of Copyright mentioned in the message - enabling people to earn a living by producing creative expression, and so enabling them to concentrate on doing so and produce better expressions - is negated, because to even get a copyright they have to produce a first expression that's attractive enough to be marketed. (If it's not attractive enough to be marketed, nobody will ever hear it and it can be redeveloped in parallel.)

      But if they could do that, then they were ALREADY capable of producing good creative work without needing copyright to get them a living, and the law is redundant; if they cannot do that, then they never get a copyright because they never get anything TO copyright, so the law does nothing to get them a living.

      The DMCA is really a clear admission of the other problem with copyright law. It strikes me as being an acceptance of the fact that copyright is very hard to enforce, and if it was enforced it would only result in the prosecution of a huge number of citizens who had committed no other crime and who were otherwise productive and useful to society. Hence, they have to fudge it by trying to make it impossible to commit.

      How would the DMCA, I wonder, deal with mutually exclusive copy protections? Ie, a situation between two protection algorithms where applying one protection breaks the other, and vice versa? Both have substantial noninfringing uses (giving protection), so the devices shouldn't be illegal, but neither could resist the other's breaking attempts, because doing so would also be breaking the protection the other would provide, and hence violating the DMCA.

    3. Re:Copyright is *essential* by PhatKat · · Score: 1

      Watch your step with Shakespeare. Shakespeare didn't just write plays for the fun of it. Shakespeare was getting paid. And although there wasn't copyright as we see it today, there was a more rudimentary version: secrecy. Shakespeare never gave out a full version of the play to any of the actors. Each only received his own part and the necessary lines before his so he knew when to talk. Shakespeare wasn't just writing plays for fun. He was making a living off of it. And considering how he guarded them, I would presume that Shakespeare would have very much appreciated intellectual property laws.

    4. Re:Copyright is *essential* by Raffaello · · Score: 3

      "I'm so glad we have copyright, you don't want communist-lackeys like Leonardo creating things, or Mozart, or Bach, we need the truly great products of a copyright and profit driven art, would we have what we have today if it wasn't for copyright? Britney Spears, Christine Aguillera, Boyzone, 5ive? "

      It's worth remembering that the great artists you mention all required wealthy patrons. So let's be clear - if you eliminate copyright laws, you require a system of patronage of individual artists by the wealthy, or support by the state/taxpayers. You think you don't like a world with proprietary sotwere? What about a world where all the most talented artists were on the payroll of the very wealthy? Do you think you would have anything resembling free expression in the arts?

      Otherwise, the poster who said that _all_ artists would have to spend most of their time in other jobs to pay the rent is right. Copyright allows artists to focus on creating art and not have to worry about a day job. I think that any problems can be dealt with by ensuring strict time limits.

    5. Re:Copyright is *essential* by tburkhol · · Score: 1
      SARCASM> I'm so glad we have copyright, you don't want communist-lackeys like Leonardo creating things, or Mozart, or Bach, we need the truly great products of a copyright and profit driven art, would we have what we have today if it wasn't for copyright? Britney Spears, Christine Aguillera, Boyzone, 5ive? What high-art copyright provides... /SARCASM>

      <CONDESCENDING>
      Others have pointed out the patronage issue.

      It's also worth pointing out that, in 1560, if you wanted to hear a Mozart symphony, you pretty much had to go see Mozart. You couldn't just dub a tape and not pay Mozart for the privilage. Very few people, given the choice of buying a thing and getting exactly the same thing for free will spend the money to support its production.
      </CONDESCENDING>

    6. Re:Copyright is *essential* by brassman · · Score: 1
      Look at a biography of Charles Dickens, or Mark Twain. Immensely popular in their own lifetimes, they (still) suffered greatly due to pirated editions of their works. The market was flooded with cheap knockoff editions... and it required a lot more effort to typeset a book than to burn a CD-R!

      --
      "Ain't no right way to do a wrong thing."
    7. Re:Copyright is *essential* by Xilman · · Score: 1
      Others have pointed out the patronage issue. It's also worth pointing out that, in 1560, if you wanted to hear a Mozart symphony, you pretty much had to go see Mozart.

      It's also worth pointing out that, in 1560, if you wanted to hear a Mozart symphony, you pretty much had to have a time machine.

      Paul

      --
      Lasciate ogne speranza, voi ch'intrate
    8. Re:Copyright is *essential* by elbarono · · Score: 1

      "It's worth remembering that the great artists you mention all required wealthy patrons. So let's be clear - if you eliminate copyright laws, you require a system of patronage of individual artists by the wealthy, or support by the state/taxpayers. You think you don't like a world with proprietary sotwere? What about a world where all the most talented artists were on the payroll of the very wealthy? Do you think you would have anything resembling free expression in the arts?" Are you fucking kidding me? What do you think record labels/production studios are? At least in the old days, the "patrons" who supported composers, playwrights, etc. had good taste, today it's all about how good looking the "artist" is and how well they're hyped. --Adam

    9. Re:Copyright is *essential* by GavK · · Score: 1
      What? You mean the *people* (not corporation going for lowest common denominator in order to skim the majority of the money from a low quality throwaway (Don't get me started on the throwaway issue) product, but a real live (Usually single) person) who wanted to hear the music of the people they liked had to pay for it to be produced?

      Wow! Who'd'a'thunk it???

      I think in todays modern climate a business model (For the artist themselves, kinda like patronage) could evolve that had a fairly broad range.

      The problem with copyright is that it can be transferred, leading to things like Britney Spears getting backing. Do you think that someone rich enough to actually pay a significant enough amount of money to support an artist would support her as an artist??? Is it right that because a large amount of people don't actually find it toooooo offensive her record company should become rich, while someone who would produce something that would be adored by a smaller number, for a far longer time has to become a car mechanic?

      I mean, come on people, go read the documents on GNU about how much programmers/techies get paid and why it's wrong.

      An artist deserves a good living, and a good artist would have it without copyright. A bad artist could practice the phrase "Want fries with that"

      Slime-ball record execs and RIAA lawyers don't deserve a better living than good artists who produce truly good, long lasting music just because 12 year olds haven't yet evolved a sense of taste.

      --

      Gav

      "There's no such thing as data that can't be manipulated"

    10. Re:Copyright is *essential* by mpe · · Score: 2

      Unfortunately copyright law is essential to human endeavour thanks to the fallen nature of human kind.

      So how on earth did humans manage for (at least) tens of thousands of years without it?

    11. Re:Copyright is *essential* by mpe · · Score: 2

      It's worth remembering that the great artists you mention all required wealthy patrons. So let's be clear - if you eliminate copyright laws, you require a system of patronage of individual artists by the wealthy, or support by the state/taxpayers.

      Don't record companies, publishers, film studios, TV production companies, etc. Act in some ways similar to these "patrons".

    12. Re:Copyright is *essential* by gimp999 · · Score: 1

      Don't record companies, publishers, film studios, TV production companies, etc. Act in some ways similar to these "patrons".

      Yeah, but they're ultimately driven to provide what the public wants, or they'll go broke. Sometimes that means giving us The Beatles, sometimes its Britney, sometimes its even something I like. And even if you and I and everyone else reading this likes the most obscure material out there, we (with our dollars) ultimately decide what gets made.

      The bottom line is it's about a zillion times better than listening to what some rich patron (Bill Gates?) or advertiser (MS?) decides I should be listening to.

  15. What is your's to stay your's by redhog · · Score: 3

    The difference is, I can have your's, without you not having it.

    Human nature is to have. To have more, and finaly, have even more. It is not neccessarily to make other not to have, have less, and even less. At least, I hope so. If not, we may as well fire a good atom-bomb over all of t his place, and erase this virus from the universe!

    Without theoretical dreams, we would all be killing, raping and making each other starve. Oh, waitabit - we are...

    --
    --The knowledge that you are an idiot, is what distinguishes you from one.
    1. Re:What is your's to stay your's by head_the_mongoose · · Score: 2

      "The difference is, I can have your's, without you not having it."

      I agree, most certainly, and I am a big advocate of open source - BUT...

      Not everyone is, and they never will be. People will always be paranoid (what if someone else is using MY work somewhere else making more money?) and they will always want to think that they have some exclusive right over what they have made.

      And.. although I hate comparing two distinct subjects this is where the Communism-analogy comes in. Of course there will be people who believ in Communism and try to make it worth but they will never be the majority - and even a minority of those wanting copyright justifies it's existence.

      In my opinon - if you want copyright you have the right, if you don't you have the right. It's your choice but you must also repsect other people's.


      "But Doctor, if they take away my head surely I'll die?"

      --


      "Fun Gums"
    2. Re:What is your's to stay your's by plague3106 · · Score: 1

      and even a minority of those wanting copyright justifies it's existence.

      So we're not in a majority rules system? Great, then nader should be president, since there is a minority that wants it, and that justifies it.

    3. Re:What is your's to stay your's by plague3106 · · Score: 1

      Except that we vote for people that will make laws we want. I don't think its as big a difference as you claim, and usually whoever wins the popular vote wins the election (of course this election may be a fluke, but its a fluke that happens only rarely). At any rate my point still stands; satanists are a minority, and as such our laws don't reflect their values.

    4. Re:What is your's to stay your's by mpe · · Score: 2

      Assuming you live in the US, no, you do NOT live in a majority rules system. America is NOT a democracy, it is a republic. The difference is that in a republic, the people choose those who make the laws.

      Or at least they attempt to choose, even that dosn't appear to be going too well at the moment.
      Also it is perfectly possible in "democracies" for a government to be elected by a minority of the people.

    5. Re:What is your's to stay your's by jpm165 · · Score: 1

      by that logic: blacks are a minority, so we don't represent their values?

  16. Re:No copyright law? by Anonymous Coward · · Score: 1
    If there where no copyright law, companies would stop inovating, and scientist would stop inventing. Whats the point in spending hundreds of thousands, and sometimes millions of dollars on Research & Development, and tooling up your production lines, when within a couple of weeks a smaller company comes along and starts to under cut you by 50%?

    There is a difference in copyrights and patents. The countries mentioned may or may not have patent laws as well. But "companines innovating" and "scientists inventing" are covered by patents, not copyrights.

  17. Re:No copyright law? by Kizeh · · Score: 4
    Please. Artists have created and scientists have researched throughout history without copyright laws. As a matter of fact, trying to keep other people from freely using the knowledge produced by scientific research is rather frowned upon. As a matter of fact it can be argued that if companies or individuals would own research results and refuse to make them available to the rest of the world, science would stop.


    Copyright protection is a good idea. I believe an artist or creator should be able to dictate, at least for a while (for example until their death) what is done with or to their creations. However, why these rights should semi-automatically be transferred to publishers and producers, or why they should last for 70 years past the creator's death is wrong and excessive in my opinion. All of our common heritage and culture has been created by someone, and the concept of claiming ownership to it is a fairly recent invention.


    (Please deposit $12.50 in order to cover the license for us singing "Happy Birthday to You".)

  18. OSS without copyright by NSObject · · Score: 1

    The laws in these places will probably change when there is enough money to be made.

    But aside from what foreign IP owners would do in cases like 'Napster in Angola', I'd like to know how this model is working inside the country. Does OSS fare better or worse when there's a more level playing field? Do the OSS communities still respect OSS/GNU licenses even though they don't have to, just out of good spirit?

    Can anyone from one of these nations comment?

  19. IP in the world... by Brazilian+Geek · · Score: 3

    Before I rant, when /. was bought a year and some back I really thought that had been bought by Andorra... It goest to show that a little more attention reading is always good.

    Anyway, the countries that didn't sign the WIPO agreement aren't factors in the internet or in pretty much anything else - some of them have deep political problems, others are just plain anti-american or does anyone think that WIPO isn't an american strategy to corner inginuity (sp?)? You talked about these issues in the long term, by then there's a probabilistic chance that things will change... in favor of what WIPO wants.

    These poor little countries can't survive or stand alone without international trade (look at China for example). Eventually - like it or not - they will open up and they will fall in line like everyone else because the World's biggest economic titan - the USA - will set the Rule which is "You will obey me".

    --
    All browsers' default homepage should read: Don't Panic...

    --
    All browsers' default homepage should read: Don't Panic...
    1. Re:IP in the world... by Brown · · Score: 2

      > They will open up and they will fall in line
      > like everyone else because the Worlds biggest
      > economic titan - the USA - will set the Rule which is
      > "You will obey me".

      Checked the figures on the US and EU economies? GDP (according to http://www.pref.miyagi.jp/toukei/profile/05_indust ry.htm):
      USA: 949,124 billion Yen, 26.6 % of world total
      EU: 978,648 billion Yen, 27.4 % of world total

    2. Re:IP in the world... by randomgeek · · Score: 1

      Lies, damned lies, and statistics.

      If you took the time to actually LOOK at the site, you'd see that by far the US is the "titan." There are four countries included under EU on that chart. If you're going to do that, just group Canada and the US together as North America. Hmm, 28.7... that's bigger than 27.4... but if you use the facts then you have no point I suppose.

    3. Re:IP in the world... by sikboy · · Score: 1

      Wow... you're ignorant. And please don't group Canada in with the US. We don't like you. :)

  20. cc by cebe · · Score: 1

    forget copyright...
    counter-copyright
    "The idea surrounding the counter-copyright campaign is fairly easy to understand. If you place the [cc] icon at the end of your work, you signal to others that you are allowing them to use, modify, edit, adapt and redistribute the work that you created. "

    --
    You have paid for a total of 0 pages and so far 0 have been used up (0 today).
  21. Copyrights are dead! by Djinh · · Score: 2

    Copyright law was originally created to ensure a steady flow of new art. "Let's give the artist the means to earn a living, and he might go on making art", it was reasoned.

    Today things are different: Many "artists" are little more than wage slaves (programmers and other engineers), others are tied hand and feet to their masters, the record companies. Who make the money? Rarely if ever it is the artist who gets to be rich.

    Enter the internet with it's 0-day warez sites, Napster, Freedom, etc. Enter the open source movement (or free software, or whatever you want to call it).

    The copying-stuff-is-theft concept doesn't seem to fly with many of Napster's users, even if the cops and the big companies still believe in it, they seem to be quite unsuccessful in stopping warez sites.

    Maybe, if all these trends continue, our kids will live in a world with no copyrights. Many things will have to change. Who knows? Maybe every bar will have a live band in it again, maybe Windows will be GPL'ed :-)

    1. Re:Copyrights are dead! by Anonymous Coward · · Score: 1

      Copyrights are not dead - and shouldn't be. Ask the French people following the French Revolution - they abolished copyright and no one would publish their creative works. What we need is a return to Constitutional copyright - i.e. given only to authors of the work and not transferrable to anyone (neither heirs nor recording studios) and having a reasonable time limit such as Thomas Jefferson's suggested 19 years. If a writer (or other creative person) is unable to make a living from their creations, the time in which they can create is greatly reduced since they still must earn a living.

    2. Re:Copyrights are dead! by mpe · · Score: 2

      Copyright has to be transferrable. Authors don't want to deal with publishing and printing. And magazines depend on being able to buy rights from the author.

      But do they need all of the author's rights? Rather than just some kind of "licence".

  22. The world would live in perfect harmony... by BOB+-+Uppercase+guy · · Score: 1
    Just like the world would live in peace and love if there were no lawyers.

    --------------------------------

    --

    --------------------------------
    The man from Mars, he say urkle.

  23. What if there was no money? by kyz · · Score: 1

    It seems that copyright is designed to promote progress - it does this by offering creators control and private ownership over their work, so they may use their intellectual work to reward themselves. Therefore, if copyright went away, the main loss would be 'revenue' from charging people money for access to the work.

    What really needs to go is money, because that's how many people see reward (although that's not always the case). Money is just an advancement of bartering, because people are fickle and want to make sure 'they got the best deal' - they can't accept that whatever they do in their community is OK. Similarly, politics and people having control over others had to be invented because people were afraid of anarchy.

    We have copyright and money and other materialistic concerns because we're not societally advanced enough to do without them. That's my humble opinion.

    --
    Does my bum look big in this?
  24. Unfortunately, it's not that easy. by ahfoo · · Score: 5

    I'm an American expat in Taiwan and we're not on the list, but that doesn't really matter. The fact is that most of the coutries that are not actually signatories to these agreements are more than happy to bow to pressure from any well funded foreign organization that wants to come in and blackmail the locals for selling pirated goods from software and entertainment to hand bags and watches.
    You can't conclude that there is no IP enforcement just because a country isn't signed up on one of these lists. That's like assuming that a country has no role international political role because it's not in the UN. Again, Taiwan would be a good example of how that would be an absurd assumption.

    1. Re:Unfortunately, it's not that easy. by NetFu · · Score: 1

      You're right, it's *not* that easy -- as soon as those foreign interests are gone, everything goes back to business-as-usual.

      I have friends and family in Vietnam, China, & S. Korea and believe me, that's the way it goes. On my recent vacation in Vietnam & Hong Kong in August I was able to buy VCD movies (*anything* available, even in the theaters) and apparently legal audio CD's for about the equivalent of $1.50 U.S. *If* those 25+ disks had been noticed when I was going through customs in Vietnam (my main destination) a simple $5 (about $0.20/disk) under-the-counter bribe would've been more than sufficient to allow me to blow through customs.

      And U.S. customs? Give me a break, in all the trips I or my friends have ever made they've never given us a second look -- they're too busy collecting duties on goods purchased overseas (if you purchase more than $400 in goods, which makes Vietnam a great destination).

      Anyway, don't belittle the power of a government-signed treaty -- it has more power to force the government in question to enforce the agreement than some "foreign organization" visit. Without that signed treaty it'll take a *huge* effort (and I mean much bigger than Microsoft) to push an issue like this.

  25. Remove the ancient laws, or at least update'em. by arcade · · Score: 5

    Copyright laws should be removed. A controversial statement for sure. How can someone claim that such a right, should be removed?

    First of all, if I produce something, I shouldn't be able to earn money on that single product my entire life. If I make something, I should be able to sell it, but then I lose control over it.

    Patents *used* to be an incentive for research, and to open up formulas. Its not anymore. Either people keep it a tradesecret, or they patent it to prevent others from making "copies" for the next 20 years. Patents are no longer "so that the public gains from it in the long run". Patents are now in place to prevent people from making more efficient solutions, "for the next 20 years" - so that the creator may benefit mostly from it.

    The problem is, everybody else loses from the possibility of patents. If someone else things up the same thing, he can't use it, because someone else has *patented* it. Even if the second to come up with the idea, never had seen the product the first one patented.

    Back to copyright. If I made good music, I would be *glad* that people enjoyed my music so much that they shared it. I would be *glad* if people listened to my music. If I wanted money from it, i would make concerts and so forth. I should not sit with copyright on the material for the next 70 years or how long it is. After I had made it available, people should be able to share it, and enjoy it.

    The same goes for software.

    Of course, this removes the business oportunities to a great extent, or at least the current business oportunities. It wouldn't be possible to earn money the same way as today. Of course, you could sell CD's, "collectors editions" and so forth - which your hardcore fans would buy. You would get money from those who truly enjoyed your music, but not from those that listened to it once or twice.

    Furthermore, you would get money from concerts. People would pay to watch your concerts, and that would make you money.

    Oh, I could go on for ages and ages. I simply want copyright to be a thing of the past.


    --

    --
    "Rune Kristian Viken" - http://www.nwo.no - arca
    1. Re:Remove the ancient laws, or at least update'em. by arcade · · Score: 3

      Patents are so that I, who invent stuff, can secure the economic security for my offspring, and their offspring and so on.

      Don't get me started on this. Your offspring should start out the same way as everybody else. It makes me puke, when rich people, who has been rich for generations, goes ahead and brings the fortune to the nextgen, and the nextgen, and so forth.

      Everybody should have to earn their riches. Some people WILL of course gain something by their parrents being rich - but it should not be the standard. I would recomend reading the October edition of The Ethical Spectacle for a more elaborate view on this.

      Natrual? Yes! Just like trying to leech of others, they way you want it.

      I do not want to "leech of others" - I want to be able to use already publicated ways of doing things. If I know how to make a certain algorithm, I should be able to use it in my software - no matter who has "patented" it. If I know how to make a cool mousetrap, I should be able to make it - and produce it - without having to vade through the thousands of patented ways of killing a mouse in a trap.

      I don't *care* if someone invented it before me. I want to be able to reinvent, and use the things I reinvent, without having to wait for some stupid patent to expire.


      --

      --
      "Rune Kristian Viken" - http://www.nwo.no - arca
    2. Re:Remove the ancient laws, or at least update'em. by sql*kitten · · Score: 3
      Your offspring should start out the same way as everybody else. It makes me puke, when rich people, who has been rich for generations, goes ahead and brings the fortune to the nextgen, and the nextgen, and so forth.

      So what should happen to the wealth? Should it go to the government? To the "poor" or "deserving" (whoever they are)? Should the accomplishments of a life be destroyed on that person's death?

      It's the right of a creator or wealth to dispose of his or her property as they see fit - if this means leaving it to their offspring, then that's their choice, not the government's, and certainly not yours.

      If I know how to make a certain algorithm, I should be able to use it in my software

      In what way is that not leeching? You're using someone else's original thoughts without their permission. It's no different from stealing electricity from the power company, time from the phone company, or any other theft of a service.

      In mediæval time, scholars would study and create in secret, and burn their notes rather than let the Church steal their knowledge. You'd plunge us back into a world like that.

    3. Re:Remove the ancient laws, or at least update'em. by Twylite · · Score: 5

      Regarding patents, the situation should be (and as far as I understand, it is in the US, with the exception of the NSA) that once a patent is filed it is publically accessible. That knowledge is no longer hidden. A trade secret and a patent are mutually exclusive.

      I strongly believe that patents are still a good thing, but that the laws need to change to be relevant to modern times. Maybe a patent should last for 3 to 5 years - certainly enough time to get a competitive advantage. Also, if a patent holder does not use the patent constructively within one year (or show that the patent is part of an ongoing development within that year) then the holder must be forced to license the patent to one or more other parties, at a reasonable price.

      Copyright is a more difficult thing. If I am an author, how can I expect to survive if I may sell only one copy of the book? As an author I don't have access to the resources of publishing companies, so the first publishing house to buy my book sells lots of copies to lots of people, and I get nothing. Some authors already work on this system - but the publishing house must take the financial risk of playing the author up front, so the pay is low, and encourages pulp fiction. I'm sure we can do better in this world.

      As a software programmer, I can't even get a lump sum payment out of a publishing house. I sell one copy of my software, and it gets posted to a download site, and that's my $20 income for the year. No-one is going to pay me for a public appearance to autograph the software. And I certainly can't go to a concert. So what exactly must I do ...?

      Some people think that a service industry is the answer. But its not. There is a huge market for utility applications - a market that does not require a lot of support or service, but requires working utilities. If you release a single good bug-free product, that's it - no more income for you. So either you have to loan your software (which you can't do, because there is no copyright) or you have to write buggy software to ensure that you get paid again.

      On the music artist issue - how are you going to AFFORD your first concert? You didn't make any money from the music, remember? Also, in your haste to screw over all authors and software programmers, you seem to have also screwed over your loyal fans ... because they are the only ones who will pay for your music (you admit it)!

      Copyright is still (and most likely always will be) required. But copyright must be carefully balanced against fair use. No-one should be allowed to copy a copyright work in its entirity - they must obtain one from the author. After that, however, the author should lose rights to that copy - it can be pressed, prodded, ripped apart, put back together, resold, whatever.

      --
      i-name =twylite [http://public.xdi.org/=twylite], see idcommons.net
    4. Re:Remove the ancient laws, or at least update'em. by Some+Boring+Guy · · Score: 2

      Copyright laws are not designed with individual inventors or artists in mind, but to promote innovation from large corporations. It is a trivial fact that most of the cost of producing new products go to R&D rather than production.

      Take the issue of AIDS-medicine for instance. A norwegian medical company (whose name escapes me for the moment) spent enormous amounts of money on research to find a decent medicine to suppress the development of HIV into AIDS, but the actual medicine itself is relatively cheap. If they didn't get a patent on the medicine any Tom, Dick and Harry could create this medicine for production-cost alone, while the innovators would have to pay the whole cost of research.
      Now, I don't think anyone would disagree that we want the medicine spread as much as possible, as cheaply as possible. But the point here is that if the company knew in advance that once they had spent millions on developing this medicine anyone would be able to produce it cheaply, then they simply wouldn't have spent those money on research, as the whole project would have cost them tremendous amounts of money. And corporations exist to make money. If they don't, they go bust.

      So, conclusion: I don't particularily like copyright-laws, but if we remove them completely it will reduce innovation from large corporations, and in the long run this is not something we'll want.

    5. Re:Remove the ancient laws, or at least update'em. by mpe · · Score: 2

      Copyright is still (and most likely always will be) required. But copyright must be carefully balanced against fair use. No-one should be allowed to copy a copyright work in its entirity - they must obtain one from the author. After that, however, the author should lose rights to that copy - it can be pressed, prodded, ripped apart, put back together, resold, whatever.

      You'd also need to put copyright back to a Human timescale rather than a corporate one. i.e. a maximum of 20 years for things like books and films and considerably less for software and music.

    6. Re:Remove the ancient laws, or at least update'em. by nagora · · Score: 1
      Your offspring should start out the same way as everybody else.

      People do not start off the same as everyone else. Some are smart, some are dumb, some are stronger, some are men, some are tall, etc.

      You are saying that if someone makes money they have no right to give that money to someone else, in this case their children.

      The notion that rich children always waste their money is as accurate as the notion that poor people use the money they do have wisely. Some do, some don't.

      Many of the world's great scientific breakthroughs have been made (pre 1930's) by rich "idle" people doing private research or (post 30's) with grants donated by them.

      To assume that being given a pile of money make the receiver a waster is as bigoted as assuming that being given black skin makes you a thief.

      I agree with you on the patent issue but I think that inheritance tax is just envy with a thin (very thin) patina of moral outrage. Put it this way: if your parents had left you $1m would you have used the spare time that buys to make interesting, open-source, software? I would.

      Larry Niven was given $1m for his 21st birthday and he gave us Ringworld; I think the world did okay from that.

      TWW

      --
      "Encyclopedia" is to "Wikipedia" what "Library" is to "Some people at a bus stop"
    7. Re:Remove the ancient laws, or at least update'em. by Dervak · · Score: 2

      It isnt so much inherited wealth per se thats the problem, rather inherited vast wealth. Ideally no one should be allowed to get rich, because vast amounts of money means lots of power, and power always corrupts.

      I am not saying that no one should be allowed to get compensated for skill and/or much hard work, just that there should be a ceiling. Of course someone who works 60 hours a week deserves more pay than someone else who works 30 (all other things being equal), and of course someone with a long expensive eduacation deserves more per hour than someone without it. Rare talent or skill should also be rewarded, but there must be a limit.

      It is debatable just where the ceiling should lie, but a possibility might be 5 or 10 times the average income or fortune, whatever is reached first. Once this limit is reached everything, 100% exceeding the ceiling is taxed away.

      I know this will be abhorrent to Libertarians and Capitalists, who believe that the property right is the most sacred thing there is, and that it is a Human Right to be able to make heaps of money without doing any work (the money you already have "works"), but a society with huge differencies in wealth is not only morally repugnant, but inefficient as well (large numbers of people need to be employed as police and guards to protect the haves from the have-nots, when they could have been doing something more worthwhile instead).

      /Dervak

    8. Re:Remove the ancient laws, or at least update'em. by 0xdeadbeef · · Score: 1

      So what should happen to the wealth? Should it go to the government? To the "poor" or "deserving" (whoever they are)? Should the accomplishments of a life be destroyed on that person's death?

      Yes (to all and none of your examples). That decision as is arbitrary as giving it to your children. You only own property because everyone else concedes that you do. Your property will go to whomever the system deems it should go.

      In what way is that not leeching? You're using someone else's original thoughts without their permission. It's no different from stealing electricity from the power company, time from the phone company, or any other theft of a service.

      I don't own my thoughts, and I laugh at your pitiful assertion that you own yours. I just appropriated your speech in an effort to negate its value. Are you gonna sue me? Or do you feel the First Amendment is an acceptable "backdoor" to your "property" rights?
      --
      Bush's assertion: there ought to be limits to freedom

    9. Re:Remove the ancient laws, or at least update'em. by Rupert · · Score: 2

      Do you have written permission from Tim Berners-Lee to use http?

      --

      --

      --
      E_NOSIG
    10. Re:Remove the ancient laws, or at least update'em. by arcade · · Score: 2

      The problem imho is not their ability to buy things, or to have a nice life with the money. My problem is that they gain power / influence, without doing anything themselves.

      Try reading the article I referred to in the ethical spectacle (you may have to dig a bit to find it, but it was in the october edition).


      --

      --
      "Rune Kristian Viken" - http://www.nwo.no - arca
    11. Re:Remove the ancient laws, or at least update'em. by drfireman · · Score: 1

      You are mistaken that patents do not spur research. If there were no patent protection, there would be no big drug companies. Drug companies sink an astronomical amount of money into obtaining and defending patents, and practically every day some drug company's stock shoots up or bottoms out because a patent is either obtained, upheld or shot down. We can argue about how good a job these drug companies do at developing drugs. We might even speculate about unethical machinations behind the "research" used to gain approval. But there's no question that patent protection underlies the entire industry. You don't sink billions of dollars into developing zoloft if it's going to sit between a generic equivalent and a better-marketed competitor's version on the shelf. And you can't keep a drug's composition a trade secret.

      It's hardly different with copyright. For the time being, books are put out by publishers, and publishers stay in business because of copyright protection. A few publishers try to make money producing new editions of work that has run out of copyright protection. But it's pretty obvious from the distribution of books in bookstores that this is not where the money is. I think it's safe to say that Steven King's publishers would be a lot less thrilled about printing up millions of copies of his books if they knew that there would be competing editions within a week. And of course, say goodbye to hardcover editions.

      I do have some personal interest in copyright protection, since I'm self-publishing a book. If there were no copyright protection, someone with more money than I have could easily produce a more attractive edition and sell it for less. But I still don't know if I really think copyright protection is a good thing. It runs against all the pure motivations for writing a book, and in my opinion there are too many people out there writing books for the wrong reasons.

      In the case of patents, though, despite my reservations about the ethics, let alone the integrity, of the big drug companies, I think some patent protection is valuable. There are things I think we as people should want to have, that we can have a lot sooner if we compensate inventors with patent protection. Although it's true that coming up with a brilliant idea second is a real problem, this should rarely happen. Patents are supposed to apply to non-obvious inventions. Alas, the USPTO doesn't always see it that way. This doesn't mean that patent protection isn't valuable or desirable, it only means that it needs some tweaking.

      dan

    12. Re:Remove the ancient laws, or at least update'em. by Keel · · Score: 1

      Actually, copyright laws don't do any of that. You're thinking of patents... a completely different animal.

      --

      ----

      "Oh, bother," said Pooh, as he hid Piglet's mangled corpse.

    13. Re:Remove the ancient laws, or at least update'em. by Keel · · Score: 1

      There is nothing in Copyright law that says you have to sell your work. Linux is copyrighted, so is all free software. In fact, as soon as you create any art, literature or software, it is has a copyright by default. Without the copyright, what is to stop someone else from selling your work - that work you wanted to give away.

      --

      ----

      "Oh, bother," said Pooh, as he hid Piglet's mangled corpse.

    14. Re:Remove the ancient laws, or at least update'em. by jkorty · · Score: 1

      Here in America there is a phrase: "Three generations from coveralls to coveralls." What really happens in most families is that some guy with the skill and the energy to get rich does so, his children don't have that skill and fritter large parts of the wealth away, but remain wealthy, his grandchildren blow the last of it and end up becoming working stiffs again. There are very very few families that have been able to make their wealth last longer than these three generations. This is true only for America though .. the wealthy in many other countries have been able to adjust the political process to virtually guarantee the concentration and transmittal of wealth from generation to generation in a few select families.

    15. Re:Remove the ancient laws, or at least update'em. by Sloppy · · Score: 4

      Back to copyright. If I made good music, I would be *glad* that people enjoyed my music so much that they shared it. I would be *glad* if people listened to my music. If I wanted money from it, i would make concerts and so forth. I should not sit with copyright on the material for the next 70 years or how long it is. After I had made it available, people should be able to share it, and enjoy it.

      The same goes for software.

      Of course, this removes the business oportunities to a great extent, or at least the current business oportunities.

      Indeed it would. You might want to carefully consider what the consequences would be for the consumer.

      I write closed-source software for a living. A lot of this (over half) is custom work, where the customer simply pays in direct proportion to the time I spend working. That is good and fair, and such a business practice can survive without copyrights. No problem there.

      The other part of my job is working on products that we sell over and over. You think I should still only be paid once for making a modification/addition to these products? Fair enough. But when we have a product that gets sold to u users, and need to bill d dollars to make a profit, that means that we only need to charge each user d/u. If u is large, then it is cheap. Sometimes it's darn close to free.

      If you get rid of copyrights, then that pretty much kills the concept of a software product, and that means that people will not be able to get software for d/u cost. Instead, they will either have to directly pay d to get the software written, or they will pay 0 and just hope that someone else gets around to doing it or paying for it. (Or maybe you think they will cooperate and pool resources or use street performer protocol or whatever, which are good ideas, but I'm sceptical that people will really do that.)

      Now, maybe that's good and maybe that's bad. (Personally, I think it would hurt me in the short term, since there would be a period of unemployment for me in the lag period while society adjusts to the idea of paying for labor instead of products. Long term, I think I like it.)

      I don't think society is ready for this, though. There are a number of clues, but I'll just mention one for now (I'll list a few others if you're interested): The recent US election tells me so, since almost everyone voted for Democrats, Republicans, or Greens. Libertarians didn't do well, and they are the ones with the vision of a society where everyone decides for themselves what to pay for and what not to. The more socialist platforms are based on amortizing costs across the population involuntarily. And they are the ones that have been winning, so I don't think a services-instead-of-product economy is what the masses want.

      Getting rid of copyrights just ain't gonna happen without some very massive changes in the population's way of thinking.


      ---
      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    16. Re:Remove the ancient laws, or at least update'em. by arcade · · Score: 2

      You can sell linux if you want.
      --

      --
      "Rune Kristian Viken" - http://www.nwo.no - arca
    17. Re:Remove the ancient laws, or at least update'em. by nagora · · Score: 1
      My problem is that they gain power / influence, without doing anything themselves.

      My point is that assuming that people without this advantage will not do anything to gain power and influence, or that those who do have it will abuse it, is naive at best and bigoted at worst. Al Capone didn't have a big inheritance, but he ended up with power/influence; FDR and Churchill had very privleged backgrounds and they ended up helping to save the world from an evil led by a person who had a middle class background.

      Judging the validity of a person on the basis of the amount of money they started with is just wrong; what people do in their lives is much more important than where they started.

      I don't think that Bill Gates' rich background is the reason he's a bastard, I think it's because he had a very bad upbringing, which is down to his parents' characters (actually his grandparents may be more to blame). But I've known lots of people with his attitudes from poor backgrounds too.

      TWW

      --
      "Encyclopedia" is to "Wikipedia" what "Library" is to "Some people at a bus stop"
    18. Re:Remove the ancient laws, or at least update'em. by Dervak · · Score: 1

      You are wrong about it being inefficient, though. Nothing makes a person work harder than the promise of huge rewards.

      Yeah, sure. Like Bill Gates works that hard. There is no one in the world whose work is worth that, or even a thousandth of it. If someone makes 10 times the average, he or she should be satisfied. You can live comfortable on that, no one needs more. But I guess some peoples greed is infinite...

      If a person is capable of making 100x the amount of money I do, they have every right to do so.

      No, they havent. Economics is a zero-sum game. Drawing the limit is perhaps hard, but anyone making 100x the average is IMO stealing.

      There is a saying that you can get rich in three ways only:

      1. Inherit the money.

      2. Marry the money.

      3. Steal the money.

      Of course, in cases #1 and #2 the money is originally stolen too, only before, and by other people.

      What is theft?

      Most people would like to say its the taking of property from anyone, with force, without permission, or with deceit. (So-called IP cannot be stolen, because nothing is removed, only copied. OTOH IP does not exist, information is free.)

      I would like to add that IMO charging more for a good or service than it is worth is stealing, too. How do you decide what something is worth, then? Simple: sum of worth of material and work used to make it.

      Saying that the price is set by whatever someone is willing to pay is not acceptable. If you were dying of thirst in the desert and I had water, would it be ok for me to charge you $1 million for a glass of H20? Dont you think you would accept if you had the dough?

      /Dervak

    19. Re:Remove the ancient laws, or at least update'em. by Keel · · Score: 1

      You can sell Linux because the license it is released under says you can. Linus Torvalds issues that license because he holds the copyright. Without copyright, GPL and other licenses would not be possible because no one would own the work, and thus could not put any stipulations on how the work is used or distributed.

      --

      ----

      "Oh, bother," said Pooh, as he hid Piglet's mangled corpse.

    20. Re:Remove the ancient laws, or at least update'em. by robt · · Score: 1

      Even more evil than copyright is patents. At least people don't suffer and die because of the existence of copyright. They *do* because of patents.

      Essentially, the only knowledge doctors have is that which is imparted to them by the pharmaceutical companies and medical equipment manufacturers. Medicine is the single largest industry in the united States. At the same time, the *proper* use of pharmaceuticals is the single largest cause of death here. This doesn't take into account, mind you, the 150,000 deaths each year attributed to medical malpractice and other "misuses" of standard treatments.

      Only the most invasive and dangerous treatments are used in mainstream medicine--and for one reason--they are the most financially profitable.

      *Every* medical condition has a nutritional component. Yet, nutrition isn't even a required subject in most medical schools.

      There are safe, effective natural alternatives to almost every one of the dangerous prescription medicines that form the basis for the practice of mainstream medicine. By the way, if prescription medicines weren't by definition dangerous, they wouldn't require a prescription to obtain.

      Some natural treatments are even *more* effective than their "patent medicine" counterparts. Worse, a side-effect of many pharmaceuticals is to actually prevent the body from effectively using nutrients. At the same time, many chronic diseases can be permanently cured solely by the use of nutritional medicine!

      Not only are doctors ignorant of the efficacy of these nutritional and natural treatments, they are proscribed from widespread use of them.

      There are over *600 known cures for cancer.* The FDA and Customs Service keep the best ones from ever reaching our shores. Not coincidentally, the FDA is a revolving door of employment with the pharmaceutical companies.

      State medical boards define malpractice as deviating from local standard practice. Doctors who practice "complementary medicine" must live in constant fear of having their medical licenses revoked. Even worse, oncologists are prohibited by federal law from using any treatment but "slash, burn and poison."

      In a system reminescent of that described in George Orwell's 1984, where the place people were taken to be tortured was called the "Ministry of Love," doctors torture to death people by the millions, in the name of Wall Street.

      In many instances, pharmaceutical companies control the global production of nutrients, with certain enzymes being a good example. As hard as it is to believe, these drug makers actually *remove* the beneficial qualities of these products. They then are able to point to their "patented" products as the only source of hope for the ill, having neutered the natural alternatives they control.

      As irritating as copyright law is, patent law is, as the bible says, "the root of all evil."

    21. Re:Remove the ancient laws, or at least update'em. by tom's+a-cold · · Score: 1

      I agree that patents are one way to protect innovation. I do not agree that patent law is applied in a way that best achieves that goal. Take the example of drug companies, and their oft-cited expenditures on R&D. These are dwarfed by their spending on marketing and advertising, so most of the costs they are trying to recover have little to do with innovation. More with gimme hats and bogus seminars for doctors. When the pharmaceutical industry takes out full-page ads in the print media about how much they're innovating for the good of mankind, this is a sure sign that a degree of skepticism is called for. Another way of encouraging innovation would be to subsidize R&D, or better, to offer prizes for socially-desirable innovations (for example, a cheap treatment for AIDS) with the provision that the prize-winner signs over intellectual property rights in exchange for the prize. Economists have already done some work on how big such a prize would have to be to compensate for the risk of pursuing it. This has the benefit of retaining a competitive market, without the current lock-down that follows the award of a patent. So greed and the desire for publicity can still be satisfied, but the anomalies of the patent system can be avoided. Copyright's another stinking kettle of fish, though.

      --
      Get your teeth into a small slice: the cake of liberty
    22. Re:Remove the ancient laws, or at least update'em. by technos · · Score: 2

      There is no unique software. Your product, as superior and new as some may think, is not so different from your competitors products, or your products from three years ago. The stipulation that instead of d/u cost you get d is rather funny in light of this. One does not completely pay 'd' to rewrite Apache because it doesn't have a feature, he pays the much smaller amount demanded by a programmer to make the change.

      --
      .sig: Now legally binding!
    23. Re:Remove the ancient laws, or at least update'em. by Crimplene+Prakman · · Score: 1

      You're making a lot of pretty nasty claims there. Why don't I see any references, links, backup?

      If this were a scientific paper, it would be shot down. In flames :-)

      If you believe your points, please share. I'd be very interested to agree with you, if you had but a shred of evidence to hold your arguments up.
      --
      We may be human, but we're still animals.

    24. Re:Remove the ancient laws, or at least update'em. by Sirron · · Score: 1

      ... "If I am an author, how can I expect to survive if I may sell only one copy of the book?" ...

      Can a farmer only cultivate a single harvest, and receive payment forever for that single harvest?
      Can a factory worker build one widget, and receive payment forever for that single widget?
      Can a Doctor see a single patient just once, and receive payment forever for that single treatment?
      Can a teacher teach a single session, and receive payment forever for that single session?
      Can a cook prepare a single meal, and receive payment forever for that single meal?

      How many times was Michelangelo paid to paint the Sistine Chapel?
      How many times was Leonardo da Vinci paid to invent the helicopter?
      How many times was Beethoven paid to compose his Symphony no. 9?

      After the plumbers visit and unclog the drain, do you pay them a royalty for every flush?
      After the mechanics repair your car, do you pay them a royalty every time you drive?

      Can you breath one single breath, can you eat one single meal, can you drink one single glass of water, and continue to live?

      Continuing life requires continuing activity. And so, the author survives by composing many books. Not just one!

      There was art and invention long before copyrights. There will be art and invention long after copyrights.

      --
      The fact that no two snowflakes are identical should tell you something important about God's will.
    25. Re:Remove the ancient laws, or at least update'em. by robt · · Score: 1

      These conclusions are based on many years of research, as well as having *lived* it! I can provide the links, and you can do your own research, but I must warn you, the results will be shocking and you may be years in drawing the same conclusions.

      http://www.acam.org/ http://cmbm.org/index.html http://www.atkinscenter.com/ http://www.greenfoods.com/ http://nfam.org/index.html http://www.nowvitamins.com/ http://www.phys.com/b_nutrition/03encyclopedia/01h ome/frm_encyc.htm http://www.proloinfo.com/ http://www.alternativemedicine.com/ http://www.lef.org/ http://www.hugnet.com/ http://www.atkinsmag.com/home.asp http://www.letsliveonline.com/ http://www.healthy.net/ http://www.prostatepointers.org/leibowitz/ http://www.vitamindiscount.com/ http://www.alt-health.com/ http://stores.yahoo.com/vitanet/stevsweet.html http://www.stevitastevia.com/ http://www.nsf.org/index.html http://www.wqa.org/ http://answermed.com/ http://www.raysahelian.com/ http://www.cancercontrolsociety.com/ http://www.yourmenopausetype.com/ http://health.yahoo.com/health/Diseases_and_Condit ions/Disease_Feed_Data/Breast_ultrasonog raphy/index.html http://health.yahoo.com/health/Diseases_and_Condit ions/Disease_Feed_Data/Breast_ultrasonog raphy/print.html http://www.nlm.nih.gov/nlmhome.html http://www.hepu.org/ http://www.bioticsresearch.com/ http://web2.airmail.net/marystod/ http://www.whale.to/ http://www.tetrahedron.org/ http://www.preventcancer.com/cpc/ACS.htm http://www.fdainformation.com/index.htm http://www.whale.to/vaccines.html http://www.whale.to/p/politics2.html http://www.whale.to/w/haz.html http://www.whale.to/y/women1.html http://www.whale.to/w/child.html http://www.whale.to/cancer.html http://www.whale.to/w/monopoly.html http://www.whale.to/v/med.html http://www.whale.to/vaccines/money1.html http://www.whale.to/vaccines/politics.html http://www.whale.to/w/harrass.html http://www.whale.to/w/media.htm http://www.internetwks.com/pauling/ http://www.whale.to/p/heart.html http://www.whale.to/cancer/k/Contents.html http://www.all-natural.com/bras.html http://www.909shot.com/default.htm http://www.trufax.org/vaccine/vacindex.html http://www.trufax.org/ http://www.chronicillnet.org/online/Fisher.html http://www.chronicillnet.org/ http://www.notdoctors.com/vaccine.html http://www.notdoctors.com/ http://members.home.net/ayem/mendel.htm http://www.whale.to/vaccines/mendelsohn.html http://www.pnc.com.au/~cafmr/index.html http://www.hcrc.org/ http://www.odatus.com/h2o2/index.html http://www.usnews.com/usnews/issue/970901/1bloo.ht m http://www.alternativeparenting.com/ http://216.156.172.93/eecpindex.htm http://216.156.172.93/naturalbypass_index.htm http://www.linkny.com/~civitas/index.html http://www.iahf.com/ http://www.wddty.co.uk/ http://www.cam.org/~rsilver/sickmed.htm http://www.preventcancer.com/ http://trufax.org/menu/chem.html#mercury http://www.all-natural.com/fleffect.html http://www.all-natural.com/ http://www.mercola.com/ http://apma.net/ http://www.holisticdental.org/ http://www.icnr.com/ http://www.talkinternational.com/ http://www.vitacost.com/science/index.html

      As a trained journalist, I never write anything I can't defend in court, if necessary. You may reach me directly at robt@citynet.net if you wish. Obviously, you can also find me with the above if you should desire. I stand behind my statements.

      I sincerely thank you for your reply. I wish you well on your voyage of discovery.

    26. Re:Remove the ancient laws, or at least update'em. by Zagadka · · Score: 2

      There is no unique software. ... One does not completely pay 'd' to rewrite Apache because it doesn't have a feature, he pays the much smaller amount demanded by a programmer to make the change.

      Yeah, and we all know Apache is really just cat with a few tweaks here and there.

  26. Copyright will be by choice in the future by charleroi · · Score: 2

    Ultimately anything that is stored in electronic format can be counterfeited. As bandwidth increases in the future, it will get easier and easier to get your hands on music/videos/software. Supporting producers property rights to electronic products will become a choice. Property rights underpin capitalism - but you can't enforce that on the rest of the world. Muisic/Video copyright is somewhat trivial beside the issue of genetic & medical copyright. Consider that the makers of AIDS treatment drugs can block access to most of the world that have AIDS by imposing price barriers thanks to their patents.

    1. Re:Copyright will be by choice in the future by vague · · Score: 1
      Ok. This is stupid. Blocking people from AIDS treatment, that's bad, isn't it?

      Most certainly! But!

      But?

      Getting a new drug on the market takes about 10 years, a few thousand people, and a LOT of money (partly as a result of the two preceeding points).

      O.t.o.h., copying and redistributing an already existant drug costs a tiny fraction of that money, since drug recepies are (and should be, heck we are talking drugs!) public domain material.

      No copyright laws would leave us without AIDS treatments, period. At leats without a chance of ever getting better ones. That investment would be one no company would ever make.

      Oh! Thats great!

      ?

      -

      --

      -
      Listen. Strange women lying in ponds distributing swords is no basis for a system of government.

  27. So naive by leereyno · · Score: 5

    Copyrights on US works are not easily enforcable in these places. But why on earth would anyone assume that simply setting up a server in such a country would completely evade US law?

    I would think that something like overseas napster would certainly fall under the jurisdiction of the federal government as it affects both interstate and international commerce. How quickly do you think a law would be drafted and passed to regulate and even prevent us from accessing napster? Not that these laws by themselves would ammount to much, people would simply route around them, and might even have fun doing so. But the penalties for breaking this law might be severe for those who got caught. Ever hear of a little country called Cuba? Guess what, its illegal to trade with them. Has been for decades. I don't know exactly what the penalties are for doing so, or even if they are routinely enforced. But I do know it is illegal because it is considered "trading with the enemy." Kind of like trading with old Saddam during the Gulf War. I can't imagine the penalties are nice, even if I can't recall them being enforced recently.

    This whole "I put my server in Rangoon, so now you can't touch me!" attitude smacks of juvenile cluelessness. It reminds me of some kid trying to use rules designed to govern/suppress him or her against the authority figures who created them in the first place. I'm sorry, but the rules are written for the benefit of those who create them and will be revised when they are found lacking in this regard. Ultimately they are little more than an agreed upon ritual dictating the methods which must be used in the exercise of power.

    So please, don't be so naive.

    Lee Reynolds

    --
    Muslim community leaders warn of backlash from tomorrow morning's terrorist attack.
    1. Re:So naive by Kiryat+Malachi · · Score: 3

      Not so fast. The point of the original post was not that the users would evade the law. They are still located in a Berne country, and as such are subject to the copyright conventions of their location.

      The point was that had Napster located itself in Andorra, to take an A, the U.S. government would *not* have been within their legal rights to shut down the servers. In fact, shutting down servers in a foreign country without local governmental permission could quite easily be viewed as an act of war.

      As to Cuba - the penalty isn't for trading with Cuba. It's for importing Cuban goods into the United States. It's also illegal to go there, if you are a US citizen. However, if you organize a trade route between Canada (which has no embargo) and Cuba, without your goods ever setting foot in the US, without Americans visiting Cuba, it is perfectly legal.

      So please, don't be so naive.

      --

      ---
      Mod me down, you fucking twits. Go ahead. I dare you.
      (I read with sigs off.)
    2. Re:So naive by Andrej+Marjan · · Score: 1
      The point was that had Napster located itself in Andorra, to take an A, the U.S. government would *not* have been within their legal rights to shut down the servers. In fact, shutting down servers in a foreign country without local governmental permission could quite easily be viewed as an act of war.

      And if the decision was made to shut down those servers regardless, what could the Andorrans do about it? Nato has already demonstrated that it can run roughshod over what used to be a sovereign state in the middle of Europe; who would stop the US, say, from blowing up these servers?

      For that matter, who stopped the US from invading Panama, or Grenada, or <insert 3rd world country/banana republic here>? They have the military might, they're the big bully on the block, they can basically do what they want to these little insignificant countries.
      --
      Change is inevitable.

      --
      Change is inevitable.
      Progress is not.
    3. Re:So naive by Elvis+Maximus · · Score: 2
      As to Cuba - the penalty isn't for trading with Cuba. It's for importing Cuban goods into the United States.

      This is incorrect. It is also illegal to export to Cuba, with the exception of certain strictly regulated items such as pharmaceuticals. As another reader pointed out, the Helms-Burton Act even imposes penalties on non-US companies who do business with Cuba.

      -

      --

      -
      Give me liberty or give me something of equal or lesser value from your glossy 32-page catalog.

    4. Re:So naive by cerenyx · · Score: 1

      The United States relies heavily on something known as 'impact jurisdiction', to deal with stuff happening outside its area of sovereign control if it has adverse impact within the United States; their extraterritorial antitrust law is a classical example of this.

      -paraphrased from "Intervention and International Law" by Rosalyn Higgins. Just thought you guys might like to know :)

      cerenyx

    5. Re:So naive by Kiryat+Malachi · · Score: 1

      This is correct. Export to Cuba is illegal as well - I was attempting to illustrate the (admittedly somewhat dubious) legality of an American businessman organizing Cuban-Canadian trade. Which happens. Regularly. Right now. I live in Michigan, and getting Cuban goods (mmmm.... cigars) is as easy as driving to the border. And not all of those importers are Canada based.

      On a side note - those of you who assume the Cubans are downtrodden and hate the regime - think again.
      I've been there once, I'm going again this winter. And most Cubans still support Castro and the Communist regime. General living condition is low because of the trade embargo on them - it does hurt when the closest, largest country won't trade with you - but many other things are astoundingly good. Literacy in Cuba is 95-97%, last I checked. Castro has relaxed restrictions on independent media and private business. Without the trade embargo, Cuba would probably be a lot nicer to live in than the US.

      --

      ---
      Mod me down, you fucking twits. Go ahead. I dare you.
      (I read with sigs off.)
    6. Re:So naive by mpe · · Score: 2

      those of you who assume the Cubans are downtrodden and hate the regime - think again. I've been there once, I'm going again this winter. And most Cubans still support Castro and the Communist regime. General living condition is low because of the trade embargo on them

      However the viewpoint that the US gets to hear is that of some powerful (they had the US government ignore international law for some months not long ago) people in Maimi. They (or their parents) were booted out of Cuba for some very good reasons...

    7. Re:So naive by leereyno · · Score: 3

      Then how come I can't buy cuban cigars from my friendly canadian importers?

      To be fair, I used this as an example without knowing all of the details involved. My understanding of the situation with cuba, based on reading a magazine article about it, is that the concept of "trading with the enemy" is the foundation of the law against it. That it is not illegal to go to cuba, only illegal to spend any money there as strange as that sounds.

      The US has had a highly effective trade embargo against Cuba since Kennedy was president. Go there and you will find cars from the 1950's which people somehow miraculously keep running, probably though black market parts. But you'll find no new cars and I expect the situation is similar for other US produced goods as well. I suspect that Japan doesn't trade with Cuba because we would quickly raise our own tarriffs if they did, which explains why there aren't any new cars from that island country there either.

      Personally, I think the whole business with Cuba is quite silly today. There is no missle crisis, there is no Soviet Union to prop them up. If we had half an excuse to, we could overrun them almost overnight. By refusing to trade with them, we're only hurting the Cuban pepople themselves, some of whom desperately try to flee to the US. It's a bad situation all around.

      Lee Reynolds

      --
      Muslim community leaders warn of backlash from tomorrow morning's terrorist attack.
    8. Re:So naive by leereyno · · Score: 2

      Sure, when issuses of constitutionality were involved. To call use of naptster a constitutional issue is stretching things just a wee bit. I doubt the court would even hear the case.

      Lee Reynolds

      --
      Muslim community leaders warn of backlash from tomorrow morning's terrorist attack.
    9. Re:So naive by Chris+Mattern · · Score: 1
      Ever hear of a little country called Cuba? Guess what, its illegal to trade with them. Has been for decades.
      But you can easily connect to servers in Cuba. Here's one.
  28. I think the discussion shouldn't really be about.. by Engmir · · Score: 5
    "to copyright or not to copyright". That's not the question :)
    Reading the posts here I think most people agree that copyright is nesscesary and won't go away.
    Copyright (and patents) exist to allow peoples (and companies) to make money. In itself that's not a bad thing.
    Ofcourse how long a work should profit from protection is extremely important.
    If say we had a maximum of 5 years to copyright profits from sale could still be made (aplenty methinks). Giving copanies, authors whoever, time enough to come up with something new.

    Of course free distrubution would be marvelous but you can't force people/artists/whoever into it. Many people rely on existing distribution sytsems. And spreading it around for free doesn't seem to be a healthy way to make a living to a lot of people for some reason :) They deserve the choice to change the way they spread their product.
    At current the "greed part" of copyright seems to be dominant, 95 years is next to infinity in human terms, the only ones who profit from such a long time are people who had absolutely nothing to do with the creation of the work!

    Ok just my 0.02 Euro..

  29. Information wants to be Free by under_score · · Score: 4

    Well, the logical conclusion of the "Information wants to be Free" philosophy held my many OS advocates, is that copyright (and patents and trademarks) is "unnatural". I phrase it that way for a reason: in the past, many groups have claimed that some behavior, philosophy etc. is unnatural in order to attack it. The "unnatural" accusation, explicit or implicit, is a very difficult one to deal with because humans seem to have a psychological pre-disposition to believe that natural=good. We see these attacks implicit in the strategy manifested in the GPL. But that doesn't mean it isn't incorrect. One problem that I see so often is that "unnatural" is often conflated with "absolute moral standard" which is further conflated with "fundamentalism" and then is treated as a Very Bad Thing. But the fact is, that the term "unnatural" actually has a fairly useful meaning. So in the case where copyright is attacted (implicitly) as unnatural, we have to be careful that we do not ignore the possibility that copyright may actually be unnatural! As many people have said both here on Slashdot and elsewhere, information is not "naturally" a resource that suffers from economies of supply/scarcity. Since there is theoretically an infinite supply of information, the cost should be zero. As more and more types of information become detached from their physical media, we will see businesses and government struggle to understand what to do, since _all_ relevent policies are based on economics of supply and demand. I would like to make a brief aside and point out that there are quite a number of types of information that are not yet detached from their physical media: painting, sculpture, smells, emotions, and personal memories all come to mind. These types of information obviously have to some degree or another become digitized and freed. However, especially those types of information that are coupled very tightly to wetware, will likely take a very long time to become free, if they ever do. Now I will take a big leap, and point out that as the recognition of the freedom of information spreads, there will be some other things happen as well. Firstly, the fundamental unity of humanity will become harder and harder to ignore. Once this unity is recognized, new tools (systems of business, government, discovery, communication) will need to be developed. I personally think this will be an incredibly radical change - and that it isn't too far away. The recognition of the unity of humanity is a fundamental prerequisit to any lasting peace, and to any lasting solutions to our many social, economic and environmental problems. Well, that was quite a mouthful :-O

    1. Re:Information wants to be Free by sql*kitten · · Score: 2
      As many people have said both here on Slashdot and elsewhere, information is not "naturally" a resource that suffers from economies of supply/scarcity.

      What utter nonsense. Where do you suppose information comes from in the first place? It's produced by expensive (scarce & overworked) people using expensive (difficult to manufacture) equipment. It is typical of /. to assume that all worthwhile information is produced purely for the pleasure of the producers. For example, while pure science may be the motivation of experimental physicists, someone's still got to write a cheque for a billion dollars for a new supercollider.

      So here's a question, how many people in the world make their living purely though Open Source? What percentage of the overall user population is that? If you can't answer that off the top of your head, then information is *not* free :0)

    2. Re:Information wants to be Free by _Quinn · · Score: 3

      If you give me a copy of the information developed with that supercollider, you still have that copy -- it's a positive-sum game, not a zero-sum game like physical goods. Copyright and patent laws impose an artificial scarcity of information in order to benefit the public (e.g. by making it (more/more easily) profitable to do research), by trying to encourage creation and publication of works, and the disclosure of trade secrets. Is the current copyright and patent system operating for the greater good? I don't tend to think so, but it's something that Congress needs to be convinced of.

      -_Quinn

      --
      Reality Maintenance Group, Silver City Construction Co., Ltd.
    3. Re:Information wants to be Free by mOdQuArK! · · Score: 2
      What utter nonsense. Where do you suppose information comes from in the first place? It's produced by expensive (scarce & overworked) people using expensive (difficult to manufacture) equipment.

      What does that have to do with the expense of copying the information?

    4. Re:Information wants to be Free by Samrobb · · Score: 2
      If you give me a copy of the information developed with that supercollider, you still have that copy -- it's a positive-sum game, not a zero-sum game like physical goods.

      But the cost to acquire that information (1 million dollars in this example) has not changed, and had to come from somewhere. You are assuming that someone, somewhere, valued that information at one million dollars, and that once they have that information, they don't care if anyone else has access to it.

      This is a flawed assumption, if only because by controlling that information - via copyright - and selling it to other interested parties, the original investor in the information can recoup some of their expenses. This chance to recoup expenses allows for more expensive projects (movies, software, CDs, books) to be produced with the expectation that there will be enough general appeal to allow the project to break even or (heaven forbid) actually make a profit for the original investors. In return for asuming the risk of the project up front, the original investors are allowed to reap the rewards if the project is successful; likewise, they pay the price and loose their investment if the project is not successful.

      In order to produce any copyrighted work, someone invested something (time, effort, materials, money) up front. The honest truth of the matter is that many times, this investment isn't made because of some unconditional love for the work they are producing; it's made with the expectation that there will be some potential for gaining more than what was invested. [1] Remove that potential for gain, and you remove much of the motivation to create the types of works that fall under copyright.

      [1] Even open source works this way. You invest a little of your time improving or creating something, with the expectation that others will do the same... if that doesn't happen, your investment (time, effort) has effectively been risked, and lost. If it does happen, your investment is returned, and you profit (via improved software.)

      --
      "Great men are not always wise: neither do the aged understand judgement." Job 32:9
  30. Moderators: Please mod up!!! by Dervak · · Score: 1

    Well said, and so very true. As usual I dont have any mod points when I need them...

    /Dervak

  31. Quran And bible by sebol · · Score: 1

    I change the question a liltle bit..

    What happened if Quran and Bible copyrighted?

    Somebody geting sue by having illegal copy of it?

    --
    -- Hasbullah bin Pit (sebol)
    1. Re:Quran And bible by Gerv · · Score: 2

      The originals are long out of copyright :-)

      I'm not as sure of the situation with the Quran, but an individual translation of the Bible can be, (and many are) copyrighted. This is to prevent unscruplous people removing the bits they don't like, or adding bits, and passing the result off as the real thing :-)

      The NET Bible has pretty lax usage restrictions, I think.

      Gerv

    2. Re:Quran And bible by jas79 · · Score: 1

      No , they would probally have an opensource license.
      The writers wanted people to read it.
      Like opensource programers want people to use there program.

    3. Re:Quran And bible by mks113 · · Score: 1
      Actually, some translations of the Bible are copyrighted. The KJV is not, and you will find free copies of it around the net in places. Most of the newer versions are copyrighted with restrictions on use, such as the length of an excerpt that can be reprinted in other works. See detials for NIV which is quite infomative.

      I think they rely largely on the integrity of users to maintain the copyright. Restrictions are permissive enough to allow general use, but strict enought to ensure that anyone who wants a complete copy finds it easier to buy one than to copy one!


      ------------------------------

    4. Re:Quran And bible by acceleriter · · Score: 1

      Free the Word of God! Open Source! Seriously, though, as long as I can remember, I've considered it pretty darned ironic that those who claim to be in the business of enlightening people with God's word want to make darn sure they're able to charge for their translations. (Boy, this is gonna cost some karma, but here goes:) Just another example of the two-faced hypocrisy of a religion that advocates community property in its scriptures while simultaneously kneeling at the altar of the almighty dollar.

      --

      CEE5210S The signal SIGHUP was received.

    5. Re:Quran And bible by skatull · · Score: 1

      Scientology has copyrighted its teachings and vigarously prosocutes those who publish. If that don't work, they declare you fair game.

    6. Re:Quran And bible by sebol · · Score: 1
      I'm not as sure of the situation with the Quran

      From muslim belief, Quran is word of God, told to The Prophet to be distributed to all people. But not allow to modify.

      so it's distributable but cannot modify.

      Kind of Own public License

      --
      -- Hasbullah bin Pit (sebol)
  32. This is completely serious by Wire+Tap · · Score: 1
    Okay, first: moderators, this is meant to be serios, and not just a critical attack on the current state of slashdot. I truly believe this, and while it may be offtopic to this particular thread, it would be such for all the others. It simply needs to be said, however.

    -Begin Semi-Rant-

    Slashdot crew: What the hell is going on? This is a new website, correct? So, one could reason that the staff is comprised of journalists. Journalists tend to be fairly skilled in the use of grammar... Take a look at the title of the article "What if there was no copyright law?".

    It makes my head hurt. It should read "What if there were no copyright law?". This is called the subjunctive. It deals with refering to something that is contrary to what is.

    I find it appaling that the crew of slashdot does not take more pride in their work - mainly because I know many of the visitors to the site take much pride in viewing the site! Please, improve the quality - not only of the grammar and mistakes that should not make it to the front page, but the stories too! It seems now that every month the same three or five stories pop up under a different title. There is a general decline occuring here at slashdot, and it is truly sad... Slashdot used to be such a great place.

    --

    Man is born free; and everywhere he is in chains.

  33. Excuse me ? by RedLaggedTeut · · Score: 1

    Poor little countries like ... : China ?! Excuse me !??

    --
    I'm still trying to figure out what people mean by 'social skills' here.
  34. This rather contradicts "smoke dope" for peace man by RedLaggedTeut · · Score: 1

    nt

    --
    I'm still trying to figure out what people mean by 'social skills' here.
  35. Copyright is for printed material by orblee · · Score: 1
    Copyright was invented to protect authors and the owners of expensive printing presses back in the 17th or 16th century (my history is dodgy). I agree that it should exist for printed material (not least because I am an editor ;-)

    However, we need something different for music and software. Shame the rest of the world hasn't realised this. The code in our books is completely free (not even GPLed in most cases). However, the text is ours and should be completely ours.

    1. Re:Copyright is for printed material by Molt · · Score: 1

      Just curious as to why you see this distinction. I honestly can't see any difference between the printed work, software, and music.

      All of them require a certain set of people with certain skillsets to create and produce, all need time to be created and more time to develop to the level where you can even consider it. With Napster and so on music seems to have become a freely-traded item, and with the w4r3z sites and possibly some P2P networks software is in much the same condition.

      When someone finally produces a digital reader that's as nice to use as a paperback book expect that e-text piracy will get to the stage where the publishers of the world are faced with the same dilemma as the music companies: Adapt, Control, or Die. Sentimentality for books is not enough to keep them alive, look at the sentimentality over vinyl and the state none-DJ vinyl's in today.

      --
      404 Not Found: No such file or resource as '.sig'
  36. Copyright worked for short time, anyway by OneElement · · Score: 2

    Like so much else, copyright has outlived most of its original usefulness. Until the 20th century, there were only two kinds of marketable goods: actual materials like cloth and spices; and ideas. It wasn't until our technological age that *ideas about goods* would become so common and so valuable. Until that time, new inventions were extremely rare and could be guarded as trade secrets. Much more common were fiction books and philosophical works. The first copyright laws as we know them were enacted to protect the purveyors of ideas. The printing press made it easy to steal a work, but it wasn't hard to trace the whereabouts of the thief, because printing presses were themselves novelties. Today copyright theft is so frequent and so easy that we don't even consider much of what we do theft. Unlike centuries past, when only a small percentage of the population could get, own, or read a book, today the vast majority of the developed world's population can read. When there are so many trees about, stealing leaves may be illegal, but it's not feasible to worry about it. Too, today only a few industries rely on copyright for their own protection. Paperbacks are so cheap that it's silly to steal a John Jakes novel for illegal reprinting. The music industry howls about its need for protection, but produces little evidence that such protection protects their sales. Movie studios, ditto. Pirated copies undoubtedly gouge out some profit, but given the available technologies, it's inevitable that there would be some leakage. Countries like Afghanistan hardly pose a major threat to the movie industry's profit margins. The truly ironic and painful part of intellectual property law is that if you don't fight for your rights, they'll eventually be withdrawn from you. This leads to the absurdity of a record label's lawyers informing Girl Scout troops that they can't dance to the Macarena anymore unless they pay for it. Both the lawyers and the record label executives have to cringe at doing this...it's like kicking little girls, for heaven's sake. But the law makes them do it, or risk forfeiting their rights elsewhere. Rather than a retooling of existing law, it might be wiser to consider whether the laws are workable at all, given the ease and frequency of violation. Bards didn't copyright their works throughout the Middle Ages, and Homer didn't copyright the Illiad. It would have been futile to try, considering how easy it was to listen and then take it away with you. It was only the choke point of the printing press that made copyright laws feasible, and now that's been done away with. The record and movie industries have tried to introduce new choke points, but with limited success. Time will tell if the huge investment in shaky technology will pay off with some measure of protection. But without having a choke point, there can be no enforcement, and having the law on the books will be so much wishful thinking.

  37. Trade Sanctions by graystar · · Score: 1

    The reality is that the USA will lean heavily upon these "rogue" countries with economic sanctions. This will force them to accept the "need" for copyright despite the fact the concept of copyright may not be culturally acceptable. I remember studying Nigeria at school, and their culture was based upon giving. (at least tribal culture). If you gave something, you never expected something in return. Something like copyright would be totally abhorrent to this practice.

    --
    -- Cheer, Cheer, The Red and the White.
    1. Re:Trade Sanctions by jgarry · · Score: 1
      I remember studying Nigeria at school, and their culture was based upon giving. (at least tribal culture).

      That is a very interesting example, considering that Nigeria is now one of the largest centers of fraud in the world. "Please sir, send us your bank account number so we can access excess construction funds in the amount of $40,000,000 out of the country. We will split this with you 60/40 in your favor."

      --
      Oracle and unix guy.
  38. Sealand? by evanbd · · Score: 4

    Isn't Sealand/Havenco exactly what you are talking about? They will host your server, I don't think they enforce copyright, big pipe (and growing), no unstable govt (though yet to demonstrate a long-term viable one, they have yet to fail to do so either). Why bother with Afghanistan (no pipe, unstable/oppresive govt, etc). Put Sealand to the test!

    1. Re:Sealand? by er333 · · Score: 2
      The original post was about two separate things: copyright law and "havens". On the latter, let me quote from a technocrat.net comment about "microstates" such as the Cayman Islands which make a business out of having lax disclosure rules, no taxes, etc.:

      What you'll find is that it will mainly end up benefitting shifty corporations and individuals that want to avoid paying their fair share of taxes or want to hide unwholesome sources of income. Rupert Murdoch's News Corporation, for one example, almost completely avoids paying any tax whatsoever, mainly by using offshore tax havens. It has paid no British corporation tax in the last 11 years, despite making profits of 2 billion dollars.

      However, these sorts of havens exist only to the extent that they are tolerated by governments of states with major economies. After all, any advantage that a company receives from such havens can be shut down by the countries they do business in, through embargo. You can be sure that if the volume of transactions channeled through havens gets too large, and governments so choose, the Rupert Murdochs of the world will have to choose one or the other: do business in the Cayman Islands, or do business in the US or Europe.

      Some reading:

      The Observer (UK), April 2, 2000, Pg. 1:
      "Trouble in paradise: Michael Ashcroft has one. So have Rupert Murdoch and Richard Branson. In fact, no self-respecting plutocrat is without an offshore tax haven. But, as John Sweeney reports from the Turks and Caicos Islands, these financial refuges are finally under threat"

      The Observer (UK), March 28, 1999, P. 23

    2. Re:Sealand? by isorox · · Score: 1

      The trouble with any site like this is if you want people to access your data from a Berne Convention signee, you will have to be connected to the internet in general.

      For that to happen you need a big pipe connected to other ISP's. If a government wanted to they could force the ISP to block all of your traffic, so you'd be stuck.

  39. Patenet vs. Copyright by Anonymous Coward · · Score: 3

    Copyright covers plagiarism, which in the context of source code means I could be violating someone's copyright if I cut-and-paste their code and call it my own, use it for my own purposes, etc... without their permission, that is. And open source authors effectively give that permission to everyone, pending a few small details (GNU, for instance, has a number of preconditions - such as that you have to distribute the sourcecode yourself, etc.) Of course, I can read someone's code, learn from it, and write my own code that does the same thing. It may even be very similar, but that would be legal (again, there are a few caveats here, but that's basically the case). Even as a relative radical when it comes to intellectual property law, this pretty much seems fine to me.
    Patents are much, much worse. Software patents enable Compuserve, for example, to patent a compression algorithm or a program that reads or writes a specific file format. Once such a patent is granted, it is illegal for me to write a program that uses that compression, or reads or writes data compatible with that format - no matter how I implement it.

    The fun part is what people patent: Windows, pull down menus, command-line interfaces, GIFs (you've heard about the infamous GIF patent, of course!), one-click shopping, word processors that can right align text, you name it, the US Patent Office will grant it to you. I honestly don't think they even read them anymore. And if someone from the USPO wants to show up and self-righteously say "Oh yes we do read them" then... my God, that's even worse.

    The reason you can tell the EU is going to have software patents is because their argument - that the USPO is the problem, not software patents themselves - is patently false. An obvious placation.

    In a world with software patents, every programmer is likely to violate hundreds of patents throughout their career. There is no way they can know which, since they cannot read and remember the entire patent base, no matter how well-maintained. Every program is a ticking time bomb of patent litigation, as you never know when someone might turn up and say, "Hey! My grandfather patented that in 1986! That'll be 70% of your gross please, or get ready to spend $100-300 thousand defending yourself in court!"

    Enough said.

    1. Re:Patenet vs. Copyright by patentman · · Score: 1

      Your litigation figure is underestimated by about 10X. Typically copyright or patent litigation attorneys fees ranges from $2-8 million per suit. However, you do get what you pay for so go with a better firm not the cheapest one.

  40. Members of WIPO by gotan · · Score: 4

    I don't know who signed the Berne Convention (i don't have word), but Andorra and Angola appear on the WIPO members list (which contains 175 states) at least. So they at least grant the WIPO to "promote the protection of intellectual property" there (however vague that objective is). I can't puzzle out the legalese but i guess that WIPO members are either part of the Berne Convention or part of the Paris Convention.

    --
    "By the way if anyone here is in advertising or marketing... kill yourself." -- Bill Hicks
  41. Re:No copyright law? by Jonathan+Walls · · Score: 1

    Artists have also struggled throughout history unless they dedicated their working lives to their "sponsor" - witness people like Bach having to produce regular works; say a new piece for each weekly service for the Church. In doing so, a fair degree of freedom is given up. Hardly an ideal situation. Ownership via copyright is only a recent invention if you use the timescale of a thousand years or so, it goes way back to Victorian times.

    "Discoveries in nature" - the great extent of historical science - are not patentable so that situation is the same now as it ever was. That individuals or companies might break the law in this regard is a matter of applying the law; it makes little sense to change it (or at least the underlying principle).

    The concept of fair use covers the issue of our common heritage, while the extension of copyright past death was originally intended so that an artist could leave behind a form of estate for inheritance, as royalties provide cash flow rather than lump sums. From the artist's point of view, this gives them a far better negotiating position with a publisher than if the product they were offering to sell had only half the shelf life.

    That copyrights get transferred to publisher's is a case of getting better contracts as standard practise in the arts in general.

    Most copyright principles have a good basis. I would say that the law might get reviewed - the posthumous thing is strange me too - but should be kept. It gets weird when people sell and transfer their rights; but intellectual property is what an artist produces and so they should be allowed to sell it in a market economy. When someone records a song, the words, notes and techniques used to create it are freely available for anyone to do the same. If you feel it's too much effort, too difficult or too time consuming to write and record your own song, anyone who does should be allowed to profit from it.

    If they choose to give it away free, that's their choice. But not yours or anyone else's.

  42. You may say I'm a dreamer... by billybob2001 · · Score: 2
    If John Lennon were here today, he'd be singing

    No, dead people can't sing.

    They do tend to hum, though.

  43. /. effect by abelsson · · Score: 3
    What would Microsoft be able to do about ftp.freewindows.af in Kabul?"
    Simple - they just make sure it gets posted on slashdot, thereby practically shutting the site down for weeks. Dont underestimate the /. effect :)

    -henrik

  44. Re:Pray by markbark · · Score: 1

    Except that Billy Boy seems to have problems with commandments seven, eight and ten.

    7. Thou Shalt Not Steal
    8. Thou Shalt Not Bear False Witness
    10. Thou Shalt Not Covet Thy Neigbours Goods


    In short, Brother... Take thy holier than thou attitude, form it into a cluestick, and smite thyself upside the head with it!


  45. Re:No copyright law? by RickHunter · · Score: 1

    Even death is a bit too long... The original fourteen-year period, with a possible additional fourteen-year renewal, was more than long enough.


    -RickHunter
  46. I don't buy it. by bscanl · · Score: 2

    Ask a music artist this - Would you be happy with
    __anybody__ using your work for their benefit without your permission? I would gag if any bozo could use, say, The Smashing Pumpkins music in a Levi's ad. Without copyright law, they'd have no recourse. Is this right or wrong?

    Copyright law is needed. I don't buy the "information wants to be free" argument. Information should not be free for me to do with what I want. Just because I've got a copy of The Smashing Pumpkins' Gish album does not mean I have the right to distribute it and make money out of it without The Smashing Pumpkins' permission. I believe in this vehemently.

    With sensible copyright laws, the only people losing out are the actual pirates and people just intrested in making money out of other people's work. I'm not arguing for the current USA copyright laws. I'm arguing for the artists right to choose. And the companys right to choose. Just because the way that IP is going is bad, in a bad, evil way, does not mean that the concept of owning information is bad. The backlash against copyright is nothing more than USA college kids being miffed at not being able to use Napster. There's little substance in the argument, imho.

    1. Re:I don't buy it. by mpe · · Score: 2

      Ask a music artist this - Would you be happy with __anybody__ using your work for their benefit without your permission?

      Then ask the same artist if they had ever sung or played a "cover version" and if they had got explicit permission from the original artist...>

    2. Re:I don't buy it. by bscanl · · Score: 1

      Then ask the same artist if they had ever sung or played a "cover version" and if they had got explicit permission from the original artist...

      Utterly irrelevant. Can't you distinguish from "personal use" and "making money from"? Should copyright law forbid me to learning a song by The Smashing Pumpkins at home by playing along with the album? No. That'd be stupid. Should it forbid me earning money from use of this song without permission? Yes, it should, and does.

    3. Re:I don't buy it. by robwicks · · Score: 2
      Utterly irrelevant. Can't you distinguish from "personal use" and "making money from"? Should copyright law forbid me to learning a song by The Smashing Pumpkins at home by playing along with the album? No. That'd be stupid. Should it forbid me earning money from use of this song without permission? Yes, it should, and does.
      I have often heard bands being paid in clubs do covers of songs they did not write. Happens pretty often, as far as I can tell.
      --

      Logic ... merely enables one to be wrong with authority. -- Doctor Who

    4. Re:I don't buy it. by bscanl · · Score: 1
      I have often heard bands being paid in clubs do covers of songs they did not write. Happens pretty often, as far as I can tell.

      Good. In my country, Ireland, a copyright organisation collects the money from venues and distributes accordingly to artists. Artists playing gigs for money earning over a certain amount of money a year (around £300, I think), are obliged to provide setlists, so that the right people end up with money from IMRO. IMRO pay the various copyright organisations, and pay aritsts for use of their work by themselves or others. It all works out in the end. kids playing Nirvana covers in a corner of a pub don't get charged, the venue does. Career musicians playing weddings etc. must give some money for use of other people's work, and IMRO are a one-stop-shop for payments. People who write music get money.

      Whether or not your country has a similar setup, or even if you've seen bands play and don't think they incurred charges, it doesn't change that others shouldn't be able to rip-off and benefit from other people's work without their permission.

    5. Re:I don't buy it. by goldfish · · Score: 1

      mate, those are both circular arguments.

      *why* you have a problem with music being used is a mystery. I can only assume it's because it may somehow impact its profitability to you. If the profitability wasn't artificially inflated by copyright law, someone else using it wouldn't be impacting the profitability.

      Your second argument suggests this is the case. By the way, the Smashing Pumpkins' permission would not be sufficient for distributing Gish, you would need the permission of the label - still feel copyright is a good solution?

      That aside, since distribution of music is only profitable because copyright exists, if copyright did not exist, you would be very unlikely to want to try and make money distributing music.

      The backlash against copyright is far more than college kids being miffed. It is about copyright being used to stifle and control artists, to restrict innovation, and maintain, much as I hate to use the phrase, the status quo.

      If you'd researched why people are against copyright, your arguments wouldn't be so specious.

      --
      bje

  47. No copyright, no work by drnomad · · Score: 3
    I've been programming a project in the past 2.5 years, the product I make, I think it could change some specializations within the IT industry. I don't want to brag; the product is now yet unfinished and everything could still go the wrong way.

    I can spend 30 hours a week spare time, on top of the 45 hour workweek I have. If this project is ever a success, I would like some return of my time investments.

    At this moment, I still have a choice of doing this propriaty or Open Source, yet, I still have to decide this.

    When there are no copyright laws, it means my efforts are worthless, it means a different world, it means an accedemic world - everybody has the right to peek into my code, whether I want this or not. An accedemic world could mean that a new idea has to survive a generation of the elite establishment, it gets debunked on cosmetical grounds (can't search on this, button that does not work, made a grammar mistake there...) instead of being appreciated by the people who are actually going to work with the product.

    With copyright laws, it is still interesting for me to develop the product. I still have a choice between propriaty and Open Source, and yes, to be honest, I'm also doing the product to gain financial benefit from.

    The way all the copyright stories came into the news is not because the copyright phenomina is a bad thing, it is used as a tool to get total control. Everybody knows that it is all cheap investment and high profits what the record and movie industry are doing - you don't have to be a musician anymore to become a popstar. This all makes me sick.

    In my opinion, copyright laws are okay, but they should illegalise copyright abuse!

    Getting back at the story, putting up a Napster server in an 'A' country, and getting an incredible user-base, would invoke a high political lobby activity in that country by the people who care. The RIAA would sell their soul to get that darn thing shut.

  48. Unenforceable by Anonymous Coward · · Score: 1

    The trouble with setting up a web server in Kabul is that there is no stable legal and law enforcement infrastructure; your safety depends on the whim of the ruling elite. Distributing copies of Microsofts products might work fine, but try publishing pornographic material, or perhaps free copies of Salman Rushdies works, and you would probably end up in a very dark place for a long time.

    However, it is my personal belief that technology will eventually render copyright laws useless. We are starting to see that already where the internet allows for music/movies/books/software/news etc. to be transfered anywhere and replicated inifinately without degradation. This might be extended in the future to hardware as well when nano technology allows for completely automated factories to be set up anywhere using material available locally at the site. As soon as a new whizbang products blueprints have been leaked onto the internet, or someone has reverse engineered it, factories around the world could be set up very quickly to produce the product.

    But on the other hand, when technology has reached this level of sophistication, people will no longer have to work for a living and will produce new products for the fun of it rather than for monetary remuneration. And those people who do not find any fun in producing anything will probably spend their lifes hooked up to virtual reality machines - perhaps banging away on virtual whores in virtual whorehouses...

  49. Reason copyright extends after death. by perp · · Score: 1
    I think the reason copyright continues for a significant number of year after the death of the copyright holder, is to make it economically infeasible to kill someone to free up their copyright.

    If you think it's ridiculous that someone would be killed just to get free access to their work, your world-view is quite different from mine.If Bill Gates personally had the copyright on Windows, and it expired on his death, he'd have to live in a bunker.

    --
    There are two kinds of sysadmins: paranoids and losers. I'm both kinds.
    1. Re:Reason copyright extends after death. by Evangelion · · Score: 1


      How would that be impacted if the creator was a corporation?

      The corporations life + x number of years? Or does copyright have to be held by a person?


      --

    2. Re:Reason copyright extends after death. by Andy_R · · Score: 2

      Actually, I believe it is there so that the children of a successful Author (Musician, whatever) are not made destitute when their Parent dies.

      --
      A pizza of radius z and thickness a has a volume of pi z z a
    3. Re:Reason copyright extends after death. by cs · · Score: 1
      That's the argument all right. How effective is this? Bugger all. The _publisher_ gets to make megabucks through posthumous sales (they own the copyright), or of course bury it as they do with most stuff.

      And why is "creative work" considered special? Should my dependents deserve to lose my income just because I die even though I'm not making "IP"? Most would say yes. Why not authors etc? The logic's a big specious to me.

      --
      Cameron Simpson, DoD#743 cs@cskk.id.au http://www.cskk.ezoshosting.com/cs/
  50. copyright has another purpose by scampbell · · Score: 5
    While it's all fair and well to discuss copyright in terms of profit-making capability for the artist or scientist, or "IP protection" handed down by gov't, or whatever, one aspect that /. consistantly misses is that copyright creates credibility.

    This is any easy one not to see because we're already embedded in it, but the whole notion of copyright originates with printers and booksellers (17th century) who faced huge (we're talking rampant) amounts of piracy. It wasn't always true that you could assume that the book you were holding was in fact written by the author it says, or that the publisher on the cover really did publish it, or that the contents weren't stolen from somebody else. Which means some serious problems when you're a natural philosopher trying publish your ideas about laws of motion or the existence of a vacuum and there's ten unauthorized and incorrect copies of your work floating around with your name on it! By using a system of copy rights, publishers (to anachronize things for a moment) could govern the books being printed, try to prevent piracy, and create some credibility for what was being printed. Their motive was, of course, related to profit, as we are today, but that doesn't change to problem.

    (This is part of Adrian Johns' argument in "The Nature of the Book", UChicago Press, 1998)

    In any case, imagine what would happen if suddenly there was no copyright today: how could you be sure that you were listening to the actual London Symphony, (or Bubble-head Spears, for that matter), and that somebody didn't put that name on some junk instead. Or what if you didn't know that your copy of Linux was in fact a copy right from the kernel team, and not joe-blow loading it with a backdoor or a trojan? You can't expect everybody to read the source and make sure, so we have to expect some measure of credibility when we purchase or otherwise obtain a copy of something of creative value.

    1. Re:copyright has another purpose by heinzkeinz · · Score: 1

      Copyrights were not, in fact, granted originally as a means of piracy prevention. While I don't mean to deny that credibility and authenticity are useful (and perhaps the only useful) functions of copyright, the notion of copyright originated in Elizabethan England.

      It was granted by the monarch as a means of bestowing royal favour, and originally had no connection with authorship. A printer would be, for example, given the "copy rights" to print all books on medicine, or all the works of Aristotle. Similarly, the monarch would use copyright as a means of censorship, since anything printed without royal approval was illegal.

      Copyright's connection to authorship didn't evolve until the late 17th/early 18th century.

      Yup.

      B

    2. Re:copyright has another purpose by iclysdal · · Score: 1
      Amusingly enough, that's somewhat the case even now in areas where copyright control is weak. I have a copy somewhere of a bootleg that was floating around Eastern Europe, having been labelled as being the 4th Enigma album (called "Metamorphosis"). Two of the tracks were Enigma B-Sides, and the rest were done by (mostly) unknown bands.

      It's quite a pleasant album, but it really is an interesting example of trying to use someone's name and reputation capital to promote one's work.

      ian.

    3. Re:copyright has another purpose by FaxChrist · · Score: 1
      As stated in Against intellectual property byBrian Martin (http://danny.oz.au/free-software/advocacy/against _IP.html)

      Plagiarism Many intellectual workers fear being plagiarised and many of them think that intellectual property provides protection against this. After all, without copyright, why couldn't someone put their name on your essay and publish it? Actually, copyright provides very little protection against plagiarism. [22] So-called "moral rights" of authors to be credited are backed by law in many countries but are an extremely cumbersome way of dealing with plagiarism. (...)

      In practice, plagiarism goes on all the time, in various ways and degrees, [23] and copyright law is hardly ever used against it. The most effective challenge to plagiarism is not legal action but publicity. At least among authors, plagiarism is widely condemned. For this reason, and because they seek to give credit where it's due, most writers do take care to avoid plagiarising.

      So as you can see copyright is not meant to fight plagiarism...

    4. Re:copyright has another purpose by MegaFur · · Score: 1
      By using a system of copy rights, publishers (to anachronize things for a moment) could govern the books being printed, try to prevent piracy, and create some credibility for what was being printed.
      Yeah, but here in the electronic age, we've got digital signatures and encryption and such so we don't need copyright to verify authorship.

      Also, it's so easy to electronically, anonymously make a billion copies of a slighty modified version of <whatever>, and then claim that it's the original, unaltered work that the law which is supposed to prevent such things becomes fairly unenforceble.

      --
      Furry cows moo and decompress.
  51. What would MS do to to ftp.freewindows.af by Ethelthefrog · · Score: 1

    Easy- just pay the locals to blow up the building.

  52. No copyright = No copyleft by gle · · Score: 1

    RMS would still be at MIT and nobody would know about him.

    ____________________

    --
    Ni!
  53. Re:The Arabs will fold soon enough by flossie · · Score: 2
    And exactly how long do you think it will take for Western countries to fold without oil? The Arab nations may as well try and sell us sand, because that'a all the failed economies will be able to afford. Witness the recent chaos in Europe resulting from restriction of the supply of oil for an incredibly short period of time. The assertion that a strong Christian belief system is fundamental to a sound economy is just plain nonsense. Whilst it may appear that way in the American bible belt, there are highly successful economies in which religion really isn't a factor. UK is a case in point - do you realise how many atheists, agnostics and apathetics there are in the UK? There is little doubt that they outnumber practicing Christians by a very large ratio.


    -- flossie
    http telnet

  54. What would the RIAA do? by tippergore · · Score: 1
    Well, I can only assume that if Napster was out of the reach of the RIAA and their lawyers, the next logical step would be for them to go after :

    1) The ISP's that allow people to retreive things _from_ Napster (especially @home, optonline, etc).

    2) The users themselves, as a scare tactic.

    The RIAA has a lot of money and they need to throw it somewhere.

  55. Duration is the problem.... by maroberts · · Score: 3

    I have no problem with the existence of copyrights and patents, since it is obvious that they encourage innovation. However IIRC a copyright originally extended for about 14 years, which IMO is more than enough time for an author/ publisher to recoup his investment. Now copyright persists for about 70 years or so; this is wholly unreasonable.

    Moving on to Patents, patents protect development of drugs where of the 20 year patent span, perhaps 10 of those is spent seeking approval and in tests. 20 years is probably about right here too, although I'd like to hear from someone in the pharmaceutical business for his opinion.

    In the fields of machinery, computer development and especially in software, I have a feeling 20 years is way too long. Quite frankly if you can't recoup your investment in 5 years for a software patent, I'd expect your idea to be out of date anyway. I think a 5 year head start in software is more than enough. Similarly mechanical progress is much more rapid nowadays, and I suspect a 10 year patent would be plenty.

    IMO, all the timespans I suggested would be adequate to encourage ideas, yet would also get those ideas out into the public domain, which was I believe one of the main stated ideas behind patents and copyright.

    --

    Donte Alistair Anderson Roberts - hi son!
    Karma: Chameleon

    1. Re:Duration is the problem.... by mpe · · Score: 2

      I have no problem with the existence of copyrights and patents, since it is obvious that they encourage innovation. However IIRC a copyright originally extended for about 14 years, which IMO is more than enough time for an author/ publisher to recoup his investment.

      Indeed it is still plenty of time for a return on any investment. In many cases the relevent time is far far shorter, if a book, film, software, piece of music dosn't turn a profit within a year or so a commercial promoter is likely to abandon it.

      Now copyright persists for about 70 years or so; this is wholly unreasonable.


      What it does allow is someone or more likely some corporate entity, to continue make money from an old product rather than coming up with new works.

    2. Re:Duration is the problem.... by the+eric+conspiracy · · Score: 2

      Quite frankly if you can't recoup your investment in 5 years for a software patent, I'd expect your idea to be out of date anyway.

      If the idea is out of date, the fact that the patent hasn't expired is irrelevant. Nobody is using the idea anyway. OTOH, if you have a software idea that is still important after 20 years, it sounds to me like it is a pretty damn good idea and you should still be getting the benefits of coming up with it.

    3. Re:Duration is the problem.... by jgarry · · Score: 1
      Patent valuation is based at least partly on the expected amortized revenue stream. For a real world example, search business news for the expiration of the Prozac patent. The company that has been in control of the patent has had some severe problems as the expiration comes up, recently made worse due to a court decision which affected the last couple of years of it. So on its face, the length of time can be shown to be wrong. So the company starts marketing Prozac as a menstrual relief drug in a desperate ploy to keep market share, as dozens of competitors gear up to make generic Prozac.

      More insidiously, drugs which only would have a limited application are not developed (search for "orphan drugs"). Legislation has been passed to artificially stimulate this sort of research, but to me that just points up the inappropriateness of using market forces to judge the value of things - to properly have a free market, you must have small, easily interchangeable units for sale, but IP purposefully does the opposite.

      Most importantly, you cannot know ahead of time how important something is going to be, what might derive from it - so how can you predict how long a patent should be in force? And without a predictable set of rules, how can you know how much money to risk (it winds up depending on "marketing" in its worst sense, ie, recent wildebeest style dotcom investing...)?

      And as far as length of time in the Software industry...think about when the mouse was invented, when windowing was invented, when databases were invented... It is often much more than 5 years between the time an academic publishes a notion and the software industry actually starts to use it.

      --
      Oracle and unix guy.
    4. Re:Duration is the problem.... by xjimhb · · Score: 1

      Duration is only PART of the problem. The other part (well, one other part) is the transient nature of businesses in this industry, and the short lifetimes of some products. Copyright should expire if a product is allowed to go "out of print" for more than a short period (say six months or a year). Look at all the "Abandonware" sites.

      If you CAN NOT buy a product (program, game, recording) because the company has folded, or even because the copyright holder simply feels there is not enough profit in continuing to produce it, the copyright should be voided. There are lots of old recordings I would really love to get on CD (or MP3, or whatever) which were published on vinyl or cassette, but the record companies simply felt it was not worth reissuing in the new medium. There are games I used to play on my Intellivision (yes, I had one of those) which I would love to be able to play on my Linux PC.

      Copyrights are necessary for new works, but there needs to be much more stringent control to make them expire when they no longer serve a purpose.

    5. Re:Duration is the problem.... by maroberts · · Score: 2

      ..the point about patents/copyright is to provide JUST enough incentive for people to get their ideas out in the open without keeping them as trade secrets. My point was that the incentive is currently far too great; even if it is a good idea 20 years is far too long.

      I do not dispute that the originator of the idea should have a substantial lead to market in return for making his idea public, but that lead should not be so substantial that others cannot pick up the ball and run with it if they are able to improve on the idea. The primary stated purpose of patents is to encourage progress, not necessarily to line the developers pocket; patents accept that the latter is necessary to achieve the former, but IMO a 5 year lead would be more than adequate. Anyway if you only had a five year advantage you would have a much bigger incentive to get & corner the market fast! before anyone else could run with your idea.

      --

      Donte Alistair Anderson Roberts - hi son!
      Karma: Chameleon

  56. No copyright, lots of work by Per+Abrahamsen · · Score: 2

    A tiny fraction of programmers today have jobs whose existence depends on copyright. Most programmers are payed to solve problems, i.e. creating ad-hoc solutions for their clients with no intention of resale. So the issue of "being paid for your work" is a red herring.

    However, while the vast majority of the software being *created* does not depend on copyrights, the majority of software being *used* does depend on software. This is because the majority of consumers use mass produced shrink-wrapped software.

    Thus, if you want to advocate copyrights, it should (ironically) not be for the sake of the creators, but for the sake of the consumers. The free software world have yet to prove that it can produce software (through other rewqrds than copyright) to fulfill the needs of the mass market, allthough it is getting closer with products like Linux, KDE, OpenOffice and Mozilla.

    1. Re:No copyright, lots of work by Fjord · · Score: 2

      But even programmers in a solutions development shop depend on copyright because more often than not, they are using some form of copyrighted software: from app servers like Weblogic to databases like Oracle. It is costly and dangerous to create everything from scratch.

      --
      -no broken link
    2. Re:No copyright, lots of work by Per+Abrahamsen · · Score: 2

      > It is costly and dangerous to create everything from scratch.

      True. But even in the worst case[1], i.e. no free software alternatives, that would just mean *more* work to programmers who would have to replace the shrink-wrapped software with ad-hoc solutions.

      Again, the argument for copyright should not be to protect the creators (programmers), but the consumers (in this case, the people hiring the programmers).
      --
      [1] The worst case is less likely than for end-user software, as there is more free software directed towards solution providers (programers) than towards end users. In many cases , the free software is even the current market leader (like gcc for the embedded programming market).

  57. Not signing Berne conv != no IP laws by Per+Abrahamsen · · Score: 2

    US didn't sign the Berne convention until recently, yet the US has always had copyright law (The US constitution grant congress the right to restrict the right of the citizens to copy written material with copyright, in order to promote the progress of art and science.)

  58. About Cuba by guran · · Score: 2
    As to Cuba - the penalty isn't for trading with Cuba. It's for importing Cuban goods into the United States. It's also illegal to go there, if you are a US citizen. However, if you organize a trade route between Canada (which has no embargo) and Cuba, without your goods ever setting foot in the US, without Americans visiting Cuba, it is perfectly legal.

    Its a bit worse than that.
    A (non-US) company that does business with Cuba may not eport to the US!

    Basically, the US gov says: Pick your choise, trade with Cuba XOR trade with us.
    Kind of the same attitude Bejing has towards Taiwan.

    (And of course this has only strengthened the Castro regime. Without a strong external enemy, the cubans would focus on domestic issues)

    --

    All opinions are my own - until criticized

    1. Re:About Cuba by Shimbo · · Score: 1
      Basically, the US gov says: Pick your choise, trade with Cuba XOR trade with us.

      (And of course this has only strengthened the Castro regime. Without a strong external enemy, the cubans would focus on domestic issues)

      Not to mention trampling over the rights of any other nation to trade freely with whom they wish.

    2. Re:About Cuba by Manax · · Score: 1
      Not to mention trampling over the rights of any other nation to trade freely with whom they wish.

      Bah. It isn't trampling on anyone's rights other than US citizens. It is impacting MY ability to trade with whomever I choose; but if I were to say that you may trade with me or my sworn enemy, that is MY choice, not yours. (Of course you may or may not wish to trade with me in the first place, but that's a different issue.)

      The US government saying that the US will not trade with groups that trade with Cuba may be a bad policy descision (which I agree with), but it is only affecting the RIGHTS of US citizens.

      --
      "Why should I be content to simply live in this world, when I, as a human being, can CREATE it?" - Oertel
    3. Re:About Cuba by Shimbo · · Score: 1

      Other nations have the right to not have the USA impose arbitrary barriers to free trade. If US citizens don't like their own laws they can elect a new government.

    4. Re:About Cuba by Manax · · Score: 1
      "Free trade" is about choice of the buyer and seller. If the buyer doesn't want to deal with the seller, that's a choice. If the seller doesn't want to deal with the buyer, that's a choice. Neither case eliminates free trade.

      If the US were to say "If you trade with Cuba, we will come in with guns and force you not to." that is different, and that is coersion and not free trade. But if the US says "If you trade with Cuba, we will not trade with you." that is still free trade, since it is "the US's" choice to trade or not with any other country.

      Aside from the definitions... I disagree with the embargo of Cuba. And I agree with the idea that trade between countries increases the flow of ideas, and, in the case of US and Cuba, would tend to bring Cuba more in line with US beliefs (and influence), which I think is generally a good idea.

      I also disagree with the US government telling US citizens who they can and cannot trade with. That is coersion, and not free trade.

      --
      "Why should I be content to simply live in this world, when I, as a human being, can CREATE it?" - Oertel
    5. Re:About Cuba by Happy+Monkey · · Score: 1
      Not to mention trampling over the rights of any other nation to trade freely with whom they wish.

      That right does not exist. Nations have the right to trade with whatever nations are willing to trade with them. The US is not willing to trade with those who trade with Cuba.

      I don't think the Cuba sanctions are useful or effective, but they don't trample the rights of any nations.
      ___

      --
      __
      Do ya feel happy-go-lucky, punk?
    6. Re:About Cuba by Shimbo · · Score: 1
      "Free trade" is about choice of the buyer and seller.

      That is one aspect, yes. But I was talking about free trade between nations.

      'the European Union expressed its "deep concern for the enactment of legislation which contains unacceptable elements of extra-territoriality and other elements not compatible with the obligations undertaken by the U.S. in the World Trade Organization and with the mutually-agreed principles of free trade. The Helms-Burton Act has the potential to cause significant commercial disruption for companies from the EU and from other major trading partners." In a subsequent statement, the EU's Council of Foreign Ministers commented that in its view the legislation was in "conflict with international law.'
    7. Re:About Cuba by guran · · Score: 1
      I don't think the Cuba sanctions are useful or effective, but they don't trample the rights of any nations.

      'xept Cuba, pehaps?

      --

      All opinions are my own - until criticized

    8. Re:About Cuba by Happy+Monkey · · Score: 1

      Cuba doesn't have the right to trade with the US if the US doesn't want to. Likewise, any other country has to make the choice between the US and Cuba, and if (as is likely) they choose the US then Cuba has no right to trade with them. Unfair? Only because the US is doing better than Cuba. And unfair or not, no rights are being trampled.
      ___

      --
      __
      Do ya feel happy-go-lucky, punk?
  59. Hurray for hyperbole by franksbiyatch · · Score: 1
    A man walks into a crowd of looters and says, "but isn't this supposed to be wrong?" and is summarily stomped to death.

    Forget about the profit motive for a moment. What if someone tried to take credit for code you had written?

    Wait a minute... this article was posted as a hyperbolic hit-generating intellectual sink-hole for suckers like me. Oops.

    bwahahahaha

  60. Compare to tax evasion by rexona · · Score: 1

    The reaction of the world that does apply IPR towards the countries that don't could be similar to the reaction that the growing offshore tax evasion has. It has been neglected for a long time because it was only easily available to few wealthy money launderers. However, the marketing and account creation mechanisms improved to the extent that the provisioning of virtual holding companies and anonymous accounts in these countries have created an industry. The target group has broadened to include even upper middle class citizens in the western world.

    Now, some EU members have been discussing about forcing countries such a Liechtenstein, Andorra and others to improve regulations and their implementation, or face sanctions.

    This could be the way to go with IPR as well.

  61. There would still be contract law by Per+Abrahamsen · · Score: 2

    Even without cocpyright law, you would still be able to restrict IP with contract law. A likely short-time outcome of removing copyright law, would be that software and music distributors would require you to sign a contract stating that you would not redistribute the software. It could work like the way you sign for a renters card in a Video shop.

  62. Two Words: Copy Protection by Monte · · Score: 1

    If you take away the IP laws then people/companies that produce popular content will be forced to more powerful and obscure copy protection schemes and more closed technology in order to protect their works.

    So be careful what you wish for.

  63. Copyright protection in Angola by MdeG · · Score: 1
    What, exactly, would the RIAA be able to do about it if Napster had been bright enough to set up its servers at napster.ao in Luanda?

    Probably been able to hire a couple of ex South African Apartheid recces as mercenaries to *really* take out their servers.

    MdeG

    --
    ...weaned, as it were, on the webs of ritual... (Mervyn Peake)
  64. Copyright is European domination device! by pjones · · Score: 1
    I say this only slightly tongue in cheek. But seriously, an idea or process becomes "intellectual property" when a European gets hold of it. For the rest of the world, the very idea that an idea can be owned is odd at best. Great cultures in Asia, Africa, Oceanana and the Americas got (and in some cases still get) along fine without copyright or patent.

    Look at what happens: shamans in the Amazon are followed around by Swiss drug companies who then patent *their* (the Swiss) discoveries and sell them back to Brazil. American producers *discover* world music and then repackage shared sounds, create *stars* and sell the music back to the people who produce it. And this is only be beginning of the colonialistic spin on 'intellectual property.'

    there are three views of intellectul property:
    • French - in which the works are considered to be by great men who must be protect and held above us all, a piece of their unique soul in each work. (Romantic)
    • English - in which the government's issuance of rights amounts (or in the beginning amounted to) censorship and control by the King. Libertarians would do well to keep this in mind. (Paternalistic)
    • American - in which the people grant for *a limited time* an exclusive monopoly to creators in order to "promote science and the useful arts." (Utilitarian)

    --
    Certified Black Helicopter Pilot *** Unwitting Dupe of One World Gov'ment
  65. Prometheus by emmanuel.charpentier · · Score: 1

    It was the dawn of mankind. Humans were walking on their feet, eating raw food and forming groups to defend against saber tooth tigers, tyranosaurus rex and corporate lawiers. They were enjoying a simple and very short life

    The gods were happily cruising the skies, taking pride in their powers, and being warmed by their copyrighted fire. Silex and sticks were patente. The word 'fire' was trademarked. Life was good.

    Then came the lesser god prometheus. He was fond of humans but couldn't stand the animal state they were living in.

    He sneaked upon the fire guardian, and stole a copy of it. He managed to smuggle it down on earth, and to teach how to use silex and stick to a few rebel humans. But after a furious chase by winged baby like archers and multi headed dogs, prometheus was stricken down, chained to a rock and his body was used for medical research

    Meanwhile, heavens went into revolution.

    The stock holders were angry, and changed the management. Three gods formed a triumvirat and decided to change the business model to a monotheismcracy. A lot of the staff was fired. The other gods became saints, and the lesser gods became angels.

    On his rock prometheus was boringly growing livers, which two beaked surgeons were dutifully removing without his agreement and without anesthesis.

    ...

  66. Educate yourself before you speak by patentman · · Score: 1

    It always occurs to me that the people who complain the most know the least. Copyrights, much like patents, were created to facilitate public disclosure of information. Imagine if an author had no protection of his book (i.e. stupid Harry Potter books for example). Most likely, the author and/or publishing company would never release the book since everyone could copy it. In other words, to get businesses to release there products you have to give them something. That something is of course money. Most economists tie all this up into the phrase"there is no free lunch." The same argument goes for software too. MP3 and Napster issues are way too detailed for me to discuss here. Also, I'll address the patent issues once another questions is presented. Cheers.

  67. Location of Napster servers irrelevant by bad$eed · · Score: 1
    Less so with Napster, but more evident with Gnutella, surely the whole point is that these services facilitate the file swapping. They do not, ever, store any copyrighted material on their own servers. Surely then, the actual location of the napster servers is not relevant to their standing on copyright infringement as they never actually 'own' any illiegal information, such as mp3s or DVDs.

    If this idea were extrapolated, it could mean that any site linking to a site which featured child pornography could be as guilty of the crime as the actual site itself. So, I am busy scanning all my sites for links to m$ in case I get called a sympathiser or get drawn into any new anti-trust cases which anybody decides to throw at them :)

    --
    ------------------------------------- By the way, your minds undone -------------------------------------
  68. The Chinese Experience by quamper · · Score: 1
    You know what? I've been to China.. didn't have to pay a thing! My company got the bill.

    And you are not exaggerating the situation enough. I went to what they call a "computer mall" and just about every vendor had boxes of cds. Games/Mp3s/Software, everything from Reader Rabbit to Oracle software. And it is any $10. More like 8RMB per cd. That equates to $1. And you get bulk discounts! Unfortunatly it would look bad for my company if i was stopped by customs with $20,000 in pirated software :).

    However, I did get a really nice set up Cambridge sound works speakers for $15 .. totally legit too!

    Honestly, I would have to say 90% of China if asked what copyright is they would say huh? Only difference is that China doesn't trust anyone other than China so no mass piracy hosting there.
    ---

  69. Ah, China trades with Taiwan. by DABANSHEE · · Score: 1

    Actually those 2 countries trade with each other just as much if not more than anyone else. Actually half the time you buy Taiwanese computer hardware its either assembled in Taiwan with parts made in China, or its the other way arround.

    1. Re:Ah, China trades with Taiwan. by guran · · Score: 1

      Trade yes, diplomacy no, aint it logical?

      --

      All opinions are my own - until criticized

  70. Easy Answer to the Question by patentman · · Score: 1

    This question probably has an easy answer. As soon as the info was brought into the country, someone is violating copyright law. For example, the user is the copyright violator and the foreign country source is a contributory copyright violator. Additionally, the courts of the US can probably bring the foreign company into the US for suit (ain't jurisdication a bitch! - attorney joke). So there are ways to sue foreign companies in the US even if no copyright laws exist in those countries. It only takes a creative attorney and a lot of money (much like everything else huh).

  71. Copyright calculation has changed by Adam+J.+Richter · · Score: 1

    The opportunity costs of copyright include:

    The lost economic benefits of unrestricted information sharing, and

    The pyscho-social damage of turning the morality against sharing (as Stallman has pointed out).

    Before the digital age, the economic benefits of unrestricted information sharing were smaller and there were important economies of scale in putting together the large cost of setting up printing runs.

    In the digital age, which still has not fully arrived, authoring is cheaper (the desktop authoring tools that a generation ago were beyond the reach of a person are now incredibly cheap for producing text, graphics, animation, code, and soon movies, even one requiring giant "render farms" today), and digital publishing is becoming infinitesmally cheap. On the other side of the comparison, the benefits of information sharing that copyright costs us are much greater. For example, the ability to listen to fifty versions of an old song that you just learned about on Napster and to produce a modified version of your favorite one might not be something that the copyright monopoly holders would find worth their while to negotiate with you, espcially if its only worth a dollar or two to you each time, and the population of people who want to do exactly what you have in mind is relatively small and poor.

    The benefits of authorship in the absence of copyright can be either economic and non-economic, including such things as selling concert tickets, merchandise branding, feeling good, being famous, increasing market demand for you as a developer or performer. The question is: are these remaining benefits becoming sufficient to ensure that the quality works are produced?. I think the answer is becoming yes, and it would be a much more pleasant society in which to live.

  72. copyright =! our right by RoLlEr_CoAsTeR · · Score: 1

    All of our common heritage and culture has been created by someone, and the concept of claiming ownership to it is a fairly recent invention.

    I'd say that things can also be viewed fairly correctly like this:

    There is so much common knowledge in this world that an invention/creation a person makes is, besides being in part, or maybe even majority, their own work, a collaboration of many things they know that they have learned as a result of long years of many other people learning through first-hand and handed-down experience. So one certaintly can't claim that anything they've ever done was done solely with their own power and resourses (intellectual and otherwise), and so therefore, on a fundamental level, copyrights violate themselves. They're protecting other people from something they, in essence, already have. And to simplify it even further, it goes back to the infinite monkeys idea: given infinite people and reusable (infinite) resources, they'll create something... and it will be duplicated.

    So, unfortunately for copyright holders, all copyrights are hereby voided.

    --

    Insert mind here.
  73. What has this place come to? by Temporal · · Score: 2

    I honestly cannot understand how anyone could be so selfish as to say that it is not one's right to decide for themselves how the information they create is to be used.

    If any one of you anti-copyright people has not spent at least several months of your free time working on something which you are giving away for free, then you have NO RIGHT to even argue about this. I expect anyone who responds to this post to start out by saying what it is that they have created.

    Me? I've spent over a year working on a 3D game engine which is licensed under the LGPL.

    All I can say is, if you don't like the way someone has licensed something, then just don't use their product. It just isn't right to say "I should be able to do whatever I want with this thing on which this person has spend months working." If it were not for them, the thing would not exist, and you certainly would not have it. So, if you want whatever it is that they have created, then give them your respect, damnit.

    ------

    1. Re:What has this place come to? by Arandir · · Score: 2

      If any one of you anti-copyright people has not spent at least several months of your free time working on something which you are giving away for free, then you have NO RIGHT to even argue about this.

      Amen brother!

      I would probably fall on the side of "you anti-copyright people", but being against pubic government protection of IP does not mean that I am against private means of protection. After all, if the public trespass laws went away, you wouldn't sigh and pull down all your fences, would you? No, you'd probably start building them higher!

      I have spent a year on a software project that I am giving away for gratis. I consider it my "own" property, and sharing it with the world doesn't make it any less mine. If I let all the neighborhood children play on my front lawn, it doesn't mean that the lawn is no longer mine. But even placing my software under the ultra-free BSD license, I still get letters from people bitching about it. A member of GNU wrote and warned me that people would exploit my work if I didn't change my license (I almost put it under the public domain as a counter-argument).

      I am not sharing my work because I have to, or should have to, or because it will make me morally superior, or to free my users (as if they were slaves before), or any such thing. I am sharing my work because I want to.

      --
      A Government Is a Body of People, Usually Notably Ungoverned
    2. Re:What has this place come to? by Temporal · · Score: 2
      I am sharing my work because I want to.

      And that's how it should be. :)

      Letting people defend their own IP sounds like a good idea in theory, but I wonder about how practical it would be. For example, the only way to prevent people from recording a piece of music would be to lock down the music player all the way to the speakers, which is totally unreasonable, not to mention something that Slashdotters frequently speak out against. You can bet that you would not be allowed to play that music on Linux. After all, redirecting /dev/dsp to a raw WAV file is hardly a challenge.

      It's sort of like Libertarianism. I like the idea, but there's no way in hell that it will work in practice. (see this comment for my take on that.)

      ..but being against pubic government protection...

      I certainly don't want the goverment to have anything to do with my pubic area, either. :)

      ------

    3. Re:What has this place come to? by Arandir · · Score: 2

      For example, the only way to prevent people from recording a piece of music would be to lock down the music player all the way to the speakers...

      Your goal should not be to prevent recording your music. After all, even under current copyright law you have the legal right to make archival copies of your legally acquired music. Instead, you should be thinking about how to protect against unwanted mass distributions.

      Persuasion, ostracism and "blackballing" can go a long ways in protecting your property in a voluntary manner. Artists don't do business with studios that don't protect their interests. Studios don't do interest with distributors that don't protect their artists' interests. And distributors don't do business with stores that carry bootlegs. Then Big Bob's Bootleg Bonanza will be stuck selling used CDs. Consider it a reverse cartel. The first step is for artists not to sign contracts they disagree with.

      It's not going to happen overnight. And with some people (RIAA) it's not going to happen for a long time. But you at least have to start. So start with some small groups of artists and distributors. When their cash crop leaves for the mom-and-pop studios, the big boys will pay attention and get their act together.


      --
      A Government Is a Body of People, Usually Notably Ungoverned
  74. Actually....... by DABANSHEE · · Score: 1

    it seems that Chinese proverb about the 3 generations is pretty accurate. You know know the one where the 1st generation makes the fortune, the 2nd generation establishs it & the 3rd generation wastes it. You don't have to look far to find examples of it, look at me I was forced to go on welfare to help pay for my last European holiday last year. Yet I have a grandfather who was a Danish Duke & a Grandmother who 'networked' with the Czars mum.

  75. If there was no copyright law by kuzinov · · Score: 2

    I read these threads and wonder how intelligent people can be so fucking dense.Just because some artists and engineers are foolish enough to sign away their rights to a company doesn't make copyrights a bad thing.People and companies are entitled to make a profit off of original works they create and have every right to have these protected.Of course,what am I thinking this is the same place that railed against Metallica when they dared to make a stand for their rights.If we got rid of copyrights today,there really wouldn't be much incentive to produce much of anything.Why would someone devote vast amounts of time to anything without a profit.Would we go by the honor system? That would make it fun to be an author or artist for about five seconds when you realise you need to get a real job. Wake up simians.We're not that evolved yet.We're just chimps with tailors.

    --
    Great minds think alike,but,fools seldom differ.
  76. Re:The Arabs will fold soon enough by Raffaello · · Score: 1

    "The assertion that a strong Christian belief system is fundamental to a sound economy is just plain nonsense."

    True. Although the argument has been made that protestantism played an important role in the historical development of capitalism (especially by Max Weber), there is clearly no relationship between christianity and a thriving capitalist economy. One only need look at Japan, possibly the worlds largest creditor nation (i.e., the most money has been borrowed from them by other nations) for a clear counter example. The US runs a consistent multi-billion dollar annual trade defecit with Japan. Some of the most market savy, and immensely profitable companies in the world are Japanese firms.

    I add, for those who don't know this, that Japan is overwhelmingly buddhist and shinto, and christians make up only a tiny minority of japanese. Clearly, a nation doesn't need to be christian to have a thriving economy.

  77. Anyone remember Champagne? by Goldmund · · Score: 1

    We in this country are famous for our short memories. Until the 20th Century, here in the US we had little regard for copyright. Ever wonder why Champagne, France has such a similar name to the bubbly we drink here? Ever wonder why it's called sparkling wine there?

    ...pause...wait for audience....

    Because we decided that we were going to ignore selective international copyrights when they did not suit us. Not to mention decades of tariffs, trade deals, most favorite nation status, etc.

    My point (I assure you I have one) is that why should we expect other countries to uphold copyright laws that aid only those countries producing now when we have a history of selecting which international regs to listen to (and I know there are a multitude of other regs we ignore, Land Mine Ban and such, but let's just stick to one complaint at a time).

    Akula

    Copyright is dead, long live Copyright!

  78. Re:No copyright law? by |<amikaze · · Score: 1

    The problem with having the copyright expire immediately after the artist's death is that it gives incentive to... ahem... encourage that person's death by a large corporation that would like to use his/her work. Just think, Microsoft wants to desperately use the Linux kernel in Windows2001, but Linus has the copyright for hit... A few ex-KGB members later, Linus is dead and the Linux source code is completely public domain. Windows2001 actually CAN handle tcp/ip, and we all lose out.

  79. Then things would be fine. by Srin+Tuar · · Score: 1
    We would have A system where money went to those who deserve it- rather than those who do not.

    Creators of work would be paid by commisson, patrons, or service charges. There would be no selling of "copies", which was never a good idea to begin with.

    There is really no need to guarantee a publisher money. However, there are plenty of reasons to pay authors. Getting rid of copyright cuts out the middleman.

    1. Re:Then things would be fine. by kuzinov · · Score: 1

      You have no concept of human nature do you?Service charges?How would you enforce them without a copyright?What would keep a studio from turning your book into a movie without compensation?Why doesn't a publisher deserve money for proofreading,editing,promotion ,and printing?.

      --
      Great minds think alike,but,fools seldom differ.
    2. Re:Then things would be fine. by Chris+Johnson · · Score: 2

      Just because noncommercial copying could be as free as air does not mean commercial entities get the rights to do anything they want. It sounds like a lot of people are thinking in terms of vastly expanded fair use. There's still a place for copyright- to maintain artistic control over derivative works- but I don't think it means what you think it means. In particular, I think the common assumption, copyright == right to money, is astonishing and absurd. Copyright == your name engraved on the IP. Earning money off that is _your_ problem, and is much less likely if the copying is completely ubitiquous and costless. The problem becomes how to make money on having a reputation, which copyright will still protect.

    3. Re:Then things would be fine. by gimp999 · · Score: 1

      The problem becomes how to make money on having a reputation, which copyright will still protect.

      You could do like open-source people do: become a whore. But is that the rep you want? :)

  80. There is no copyright now... by Hellburner · · Score: 1

    There simply is no realistic basis for either copyright or patent law. Everything tangible can be reverse engineered or replicated with minor variation to circumvent patent. Ideas or concepts, "business processes" (one-click anyone?) are NOT logically protectable. What, are we supposed to prevent anyone but Ford from using assembly lines because Henry "thought up the business process"? Give me a freakin' break.

    Additonally, regarding the peripheral concept of copyright law, anyone who has not shifted their "business process" from one of collecting royalties on copyrighted materials to simply collecting royalties on particular forms or approved high quality copies of particular media or images is living in Fairytale land. Everyone will rapidly have the power to replicate and store a virtually infinite library of books, films and music. Get used to it. You will only be making money on the printed forms, the live performances of music, or the theatrical presentation of films. Sorry, companies, but you damn well better get used to it.

    Paying corporations through the nose for a book someone wrote or a widget someone invented 70 to 90 years ago is insane.

    1. Re:There is no copyright now... by Chris+Johnson · · Score: 2

      True. I do think there is a place for some aspects of copyright law, however. Currently, I can do creative work to get attention for my ability to do that work- something I can charge for (not the IP but the doing of the work). It's easier if I can be certain that the stuff I produce is associated with me. I see the primary purpose of copyright law to make it illegal for someone to impersonate me and claim they did my work...

  81. Thailand, 10 years ago. by devapoj · · Score: 2
    About 10-15 years ago, Thailand had practically no copyright enforcement, which is all but the same as no copyright law. People and companies bought and sold pirated software openly.The flipside was that localised software (which consisted mainly of word processing and accounting packages) were archaic, even by the stands of the day (MS Word, wordstar, etc). Few packages were around, and most centred around hardware mods to a hercules graphics card or just plain old 8-bit anti-piracy cards, and the price was very high, essentially every user having to have a turnkey project (not so much the language fonts, but rather the accounting software) costing a lot more than any copy of quicken would.



    Later, when a sembalance of copyright enforcement came about, people started actually making better software, as they could spend more effort on the software project and less on anti-piracy measures. I think that without those high-level changes, Thailand would never have had localised versions of windows or office (but that might not have been a bad thing in the long run!)



    Without copyright laws, perhaps we'd still have 64K 4.77MHz 8088 cpus with instructions on how to write our own programs in BASIC and a tape drive to boot (or 160k floppy if we're lucky). For without the will to innovate (the premsis here is that programmers spend more on copy protection than on innovation) there would be little room for "pushing the envelope", but this is admittedly a rather farfetched leap of logic.



    To get back to the point, it's not copyright laws that are wrong in themselves. I think it's perfectly alright to copyright a certain piece of work to repay the author for his "creative imput" (a term I got from a friend at the University of Manchester - better acknowledge this!) if he so chooses. It's also perfectly alright to create from the ground up the same software for free if someone so chooses to spend his time on such a project. But it's the abuse of this system for financial (or political) purposes that isn't nice. To paraphrase a comment on microsoft that having a monopoly isn't illegal, but abusing it is, one might say that having a software copyright system is not the cause of our woes, it's the abuse of that system that is.

    --

    Karma makes sense. It makes a lot more sense if you add reincarnation.

  82. Life Without Copyrights by Prof_Dagoski · · Score: 2

    Would be very different. Software would probably be customized to the point of the being unique to a particular application. I do not think the computer revolution would have happened. Remember, hardware accounted only for half of it. The more important half in terms of the way we function now as opposed to twenty years ago--geez am I really that old?--is the development of software that anyone could take out of a box and use. From the first killer app, the spread sheet, to the the most modern mathcad, software has increasingly been developed to solve universal problems. Prior to the PC revolution, most computer programs were written for a very specific purpose and for a very small audience. The company comptroller for instance. As a side note, I am not this old, but one of my first computer jobs at the end of college dealt with legacy code written in FORTRAN 66 and FORTRAN 77. Such software was not portable, not maintainable, and was not usable by the world at large. My older colleagues told me that all software was written that way. In the end, we had to scrap the code and rewrite it all based on specifications. What caused the software revolution that gave us real world software? That somethig was the copyright. Copyrights give the developer the incentive to develop universal--I use the term for want of a better one--software that anyone can use. With a copyright the developer recoups the cost and effort of developing complex software and can even make a profit. The open source movement in contrast is rebellion against abusive copyright enforcement, and monopolistic copyright holders. Amazingly the movement has gained momentum to the point that people are figuring out how to make money on code they essentially give away. But, without the ablity to copyright and charge users for the commodity of software, I think software would still be where it was twenty and more years ago.

    The picture would be even more divergent for artists. Authors of the fiction we love to read, musicians, and others who create consumable works rely on copyrights to make a living. Without a copyright, an artist would have to rely on patrons or performances. While musicians can, and do make their living mainly off of performances, an author has not such option. The only way an author can make a living writing is to sell their works, or to acquire a patron. Since a it gives the artist a legal right to exclusive sell his or her work, a world without copyright in some sense would take us back a couple hundred years. At least I think it would. I honestly don't know how long the notion of a legal copyright has been with us. While big publishing and music companies have abused copyrights, copyrights are also what makes it possible for a person to be a full time author, make it easier to be a full time musician, or a full time film maker.

    1. Re:Life Without Copyrights by AshPattern · · Score: 1
      What caused the software revolution that gave us real world software? That somethig was the copyright.

      Er, no. What caused the software revolution was the decreasing number of hardware configurations out there. Before Intel and Motorola's dominance of the microprocessor market, there were hundreds of machine languages, I/O specifications, etc., etc. For the business world, portability wasn't even a joke - it hadn't reached that state of existence, while us C.S. guys played with P-Code. The mere fact that we have standards like PCI and SCSI is still amazing to me.

      Also contributing to this was the increase in cheap hardware resources, opening the way to video I/O (a necessity for user-friendliness then and now), enough memory to store the video, and finally the processor power to drive the video.

      Copyrights and patents discourage the formation of standards by making protocols enforcably closed.

  83. Inventing - Implimenting by twisty · · Score: 1
    The end of copyright law would have several serious trade-offs, but not all of them bad. Just most of them! ;-)

    First and foremost, there'd be somewhat less incentive to invent and innovate, but more competition to compete over cost-effective quality. Copyright, afterall, is an incentive for the furtherance of the sciences and arts, despite the fact that it is currently exploited by distributors. Branding would change, as trademarks would be harder to enforce, and conterfeitting would be the rule rather than the exception.

    Second, there would be a greater glut of self-published works without credit to "original authors." On one hand, the signal-to-noise ratio would become utterly absurd. But on the other hand, that self-publishing is the very thing that made the web so popular.

    Finally, there would be backlash against this 'great idea,' and people would compensate against the lack of genuineness by developing means of authentication. It would probably end up looking like some antique road show, with "experts" doing everything from reviewing music videos to examining cell phones.

    Now THERE's a What-if question leading to some serious sci-fi!

  84. Copyright *is* natural by _Logic_ · · Score: 1

    It's perfectly natural for a human being to own the product of his (or her) effort -- even copies of the product.

    This is a matter of property rights. Whether property is a person's own body, some piece of land they develop to live on, some crops they grow and sell at a market, stories they tell their children or music they write.

    In order to debunk copy rights, one has to first debunk property rights -- and that involves placing an individual human being in a position of slavery to some tribe or state. It is a matter of recognizing that people belong to no one but themselves -- or not.

    I'm not so anxious to become a BORG drone. I'll suffer through actually having to BUY music, books or non-free software in a society where my peers respect my right to live my life as I see fit.

    Who is right by nature: the person who defends their life against someone violently threatening it, or the agressor? The person who tries to keep the food they grow to feed their family, or somoene trying to steal it? Is it less right for a person to defend their property because they produced more than they need for the next minute? For the next hour? For the next day or week? Whatever it is someone tries to kill, steal or pirate, there would be no one to kill, no product to steal, and no idea to pirate without someone first living, working or creating.

    Our nature is to live, and live by a very specific mode -- thinking, choosing, then acting on our own best judgement. What is unnatural is circumventing the ability to freely think, freely choose, and reap the rewards (or penalties) of our choices, which is why civilized people agree not to kill and steal from each other. This is the foundation for laws recognizing a human right to their own property.

    So, a lot of ./'ers believe that copy right is evil. They would tell an artist: "you have no right to tell me or anyone else how your work can be used or disseminated. You created it, thanks, but don't expect to get anything for your trouble. Excuse me while I use your work to promote my own agenda..." Essentially: the product of one's mind belongs to the mob, not the person who did the thinking, regardless of the fact that there would be no product if *someone* hadn't been creating.

    Without copy right (or property rights in general) a person cannot produce for themselves *by right*, but merely by permission of the community -- they become communal property because the decision of how they can live their life is no longer theirs to make.

    Jimi Hendrix said it best
    " I'm the one that has to die when it's time for me to die."

  85. © Taken to its logical conclusion by Srin+Tuar · · Score: 1
    All of human creativity is based upon (unauthorized) copying. We are a society of people who cannot survive alone neither physically or mentally. If we were to apply copyright to its logical conclusion then no-one would be able to create anything. Noone exists in a vacuum- we all mimic each other- the only innovations we make are at best incremental. Our best scientists stand upon the shoulders of giants (whereas our programmers stand on each other's toes).

    Half the english language would be under copyright- the other half patented. Even the most trivial and basic science (such as math) would be owed by some company.

    Copyright and patents are a bad incentive mechanism. It serves to impede progress- not to encourage it. Our economy would suffer a temporary setback- when large publishers and studios (that produce nothing but overhead) fold, but in the long run we would all gain from it.

  86. Chase us down like dogs. by Skaluv · · Score: 1

    Well something important to consider is that most countries that do not sign the treatie do not do it because they dont believe in IP They do it cause they have more to worry about than policing intellectual matters. So consider this you may be able to legally transmit the warez and illegal hats with bugs bunny on them but whos to keep the company you offend from hiring a few thugs to go into that country and make you and your equipment disappear? You can't say decency cause you obviously didn't have the decency to respect their IP I think Napsters plans the whole time was to strike a deal like this(bmg)with their engine. They just needed a way to get the engines potential noticed by the big boys. It would of hurt them to go to a country where what they did was legal. One last comment, I don't think Copyrights and Patents are a bad idea. It is all in how we govern the laws. Disney for example tries to lobby to make all their characters their IP when they are proffiting off of public domain characters such as Pinnochio, Aladdin, and Poccohauntas. They think that even though they did not pay a dime for their stories that other people should have to pay them tons. That is an example of Copyright gone mad. Tons of people work hard to make cds so why not buy them for a reasonable price and if you dont like it dont buy it. Using it without paying for it though is never justified. however If you do use it without paying for it though more power to you but never lie to yourself about what your doing. Please understand I am not arguing the side of the big companies I am just saying that copyright is a good thing and since its conception has been a big factor in motivating commerce. It does need to be changed to prevent those that would rape its intentions but that is up to us to vote for people who would change the laws or if it seems like no one listens to our wishes to force the changes.

  87. Sure i do by Srin+Tuar · · Score: 1
    Human nature is very simple. I provide you with updates, proof-read copies, I taylor content to your need, I provide high speed download of quality copies, I make the next chapter in the series. I interact with my readers, and they support me- If they want me to continue creating for them.

    Oh sure anybody could try to make derivative works based upon mine. If the story is simple and formulaic then then really dont need me. However should they really want to make a good flick for their audience, then they may well want my help.

    And since they have the same set of issues I have- namely that I could write a "book" based upon one of their movies- the playing field is still fair.

    Now I could easily image a writer's guild if you will- which is basically a clearing house of authors. It would make money by selling subscriptions and services. It would accept donations and support. It could charge say $5 to participate in a vote to decide which authors to keep on the tab and which to let move on.

    Such a guild would only work with either GPL'd books or with no copyright laws around.

    And trademarks are a law I support- that way you can easily distinguish a brand you like. However copyrights and patents hurt us more than they help us. In the long run- even the bug patent owners would benefit greatly. The only people who would be negatively affected are those who really dont do anything.

    1. Re:Sure i do by kuzinov · · Score: 1

      Don't quit your day job.

      --
      Great minds think alike,but,fools seldom differ.
  88. If copyright isn't important... by ChaoticCoyote · · Score: 1

    ...why does every Slashdot page end with a "© 1997-2000 OSDN"?

  89. Answer the question yourself... by kerrbear · · Score: 1
    What if there was no copyright law?

    What if I just duplicated the entire Slashdot site and posted it without ads? Does that answer your question? Idiots.

  90. Why copyright exists by Veteran · · Score: 2
    One of the reasons that copyright came into being was that people want credit for their production. If that weren't true all copyrighted work would be released into the public domain anonymously .

    Ranting against copyright while not posting as an Anonymous Coward is hypocrisy.

    Let us imagine a world without copyright:

    • 1. No software jobs. Who is going to pay you to write software and why would they? Perhaps they would do so out of the goodness of their hearts. But if their hearts are that good they would give you money regardless of whether you did anything for them or not.

      Copyright dangles a carrot in front of you: "If I write this really good program that people like I will get praise and acceptance and money for my work." Do away with copyright and the only other motivation is a stick; produce this or else. This is a Yin and Yang world. There is an element of a stick under a copyright system: if I try to plagiarize something I get punished, and there is an element of a carrot in a non copyright system: "if the master likes me perhaps I'll get to eat"

    • No movies. Who would write them - and why would they write them? Perhaps people would produce scripts for the sheer artistic joy of creating them; but in the real world very little art of any type is produced anonymously. Without copyright there is nothing to stop anyone from taking your writing and putting their name on it. Notice that not much of artistic merit comes out of any of the countries that lack copyright protection. That is no accident.

      In a world without copyright whoever is biggest and strongest gets to beat you into letting them put their name on any writing you produce. If you think corporations are abusive today wait until Guido and Company take over in the no copyright world.

    • No books or music to speak of. Who would pay you to write a book or music, and why would they pay?

    Copyright is one of the cornerstones of modern technological society remove that cornerstone and everything collapses back to a pre capitalist feudal state. If you find the power that government and corporations wield against you oppressive in modern society imagine what they would be like in the stick motivating world with no copyright.

    At least in today's world you have a right to any writing which you create. In a non copyright world you would have nothing of value to trade for sustenance other than your physical labor . Copyright is one of the things that lifted us out of the feudal world - get rid of it and we go right back to that era.

    We've already tried a world without copyright - we rejected it because it didn't work worth a damn.

    1. Re:Why copyright exists by awol · · Score: 1

      I'm sorry but this is too much of a crock not to respond even if it is a troll (since it certainly is too expansive to be one).

      1. Believe in Free Software? If so, ever read the GNU Manifesto?

      2. You are _absolutely wrong_ about no copyright implies no benefits from authorship. In fact in a world without copyright (WWC) reputation is everything. The number of people that will front you 10 bucks to fund your next "production" is directly related to the number of people you can convince that you last work suggests your next one is worth 10 bucks to them.

      3. Your whole argument rests on "without copyright there is no incentive" which suggests either naivity, ignorance or wilful blindness to the reality that scratched itches are worth money to all kinds of entities. Every heard of large organisations funding development internally? They have no market to which they can "sell" their product (since they would not sell it anyway) and yet they develop _huge_ systems

      4. In the event that a WWC fell apart because nobody was doing anything, the role of the state would be to kick start the cycle by funding the socially useful projects, much as it did before the industrial revolution. The difference now is that the state is not a bunch of dukes in Vienna but a (variously structured) organisation of executive organs that do stuff.

      Copyright is _NOT_ a cornserstone of modern technological society. It is an accident of history whereby the fundamental analysis of the industrial revolution legal scholars, such as balckstone and locke, has been bastardised to apply to a concept for which the fundaments do not hold. The right you have is to the _FACT_ that you wrote it. Any other rights are provided by the state since if you give a copy to someone you have given them everything they _actually_ need to make further copies. If they then claimed authorship, that would be a lie, and therefor a fundamental wrong worthy of redress. All the rest is legal fiction bullshit, that gets in the way of the most efficient distribution of resources within society.

      --
      "The first thing to do when you find yourself in a hole is stop digging."
    2. Re:Why copyright exists by Veteran · · Score: 2
      • Sorry to disillusion you but the GPL is based on copyright.
      • I have contributed thousands of lines of free software under the GPL.
      • Before I heard of free software - back in the eighties - I wrote shareware. I still get inquiries/support requests from people about some of it - but despite the fact that a lot of my software was used - I got world wide sales of about $15 for the lot of it.

        The return rate under a no copyright system would have been about the same - 0$ is very close to 15$ in the scheme of things. The monetary return from software is more closely linked to the effectiveness of marketing than to the actual usefulness of the software.

      • One way to get a good reputation would be to put your name on a lot of people's code: that way people would think that you were a really good software author. "Look at all the code this guy has written - and look at all of these people trying to claim they wrote his good code." That is perfectly legal under a 'no copyright' system.
      • Copyright is an accident of history but it is an accident which is a cornerstone of modern society. You might be right that things would work OK without it - or I might be right that everything would collapse into a feudal mess without it. The only way to tell would be to remove it and see. I think that is a very risky proposition - even if the chance that I am right is small . Most people aren't interested in playing Russian Roulette - even though the odds are 5 to 1 in their favor; the results of a loss are way too large to justify taking the chance.
  91. Why isn't this marked off-topic? by caduguid · · Score: 1

    Perspective? Get a grip.
    The post is about countries who haven't signed international copyright treaties, not Afghanistan. Pick another of those -A- countries, or even, (gasp), a -B- one and get to the point.

  92. No laws is the answer by JasonVergo · · Score: 1

    No laws or as few as possible is the answer. If you can't do it in the US then you can go somewhere else to do it. A lot of environmentalistic call this "the race to the bottom"
    Now, come on, is Amazon's one-click shopping an original idea? Not really!
    I believe that patents and copyright has the opposite effect then what they are intended for. They are there to encourage people to be creative and inventive. However, they have put a strangle hold on invotation. We should be evolving on what people have already come up with, instead of figuring out a slightly different way to do it or reverse engineering it.
    We'll continue to demand new releases from our music artists. It is all about supply and demand. If there is a demand, people will pay for it.
    Another example, I can download any of the current releases that are in the theater. I occasionally check them out. However, watching Star War at home is lame compared to watching it on the big screen.
    I'm surprized that the open-source community hasn't embraced Harry Browne and the Libertarain party.

  93. If there were no copyright laws... by the+eric+conspiracy · · Score: 2


    It's really simple in at least terms of electronic media. Authors would take whatever means needed to protect their inventions from copying. All software would become heavily copy protected with dongles etc. In this age of the internet you would have to connect to a license server run by the software publisher. All music would be heavily encrypted using mechanisms like those in the now defunct DVD rental player. This of course would drive up the costs of software considerably. Software would be sold under strict contracts that make current licenses look like child's play.

    In terms of books and so forth the situation would be very grim. The main reason copyright laws were estabilished was to protect authors works from being pirated by publishers. Without this mechanism we would have no commercial authors - people who write for a living. There would still be books published for academic and similar reasons, but you would not find the Neal Stephenson's and Steven King's on the bookshelf.

  94. You are right by Srin+Tuar · · Score: 1
    If you actully live in a foreign country without copyright- then you are essentially a non-person to the US, so they will send the storm troopers to get you.

    Should you live here- well then you are about to become a legal chew-toy.

    Now popular defiance of copyright is prevelant here- but I dont know if its going to result in more draconian laws or a submission to reality. And our economy is so heavily copyright based, that its going to be a really hard knot to untangle fairly.

    An excelltent first step would be to limit copyright to its original 14 years for any and all types of information regardless. I would even agree to let it begin Today, so that any current copyright holders would have 14 years to prepare.

    Main problem is that I doesnt sound like one of those issues you can whip up a frenzy on. The main force in copyright opinion is the steady heavy hand of those who make their livings by it. They are fine with it, so they want no change.

    For now we will have to settle for GPL-like licenses. Eventually the GPL may spread out from software to encompass other types of information. Maybe we will realize the copyrightless world despite the law of copyright.

    I could imagine a rich philanthropist doing the world an amazing favor: Buying a content company, then exclusivly relicensing all its works as GPL-like. This would create a large initial body of work that could spawn an new economy of freedom.

  95. Soft money + George Bush + IP Law = Ground war by Odinson · · Score: 2

    Ground war in Asia? Civil unrest in USA? Vietnam2 (or china1)?

    FACT: Microsoft is now the fourth biggest soft money contributor in the USA.

    yahoo article

    Observation: With these close election politicians will be running scared for contributons to win the next round. Especially the next commander and chief.

    Observation: People have knee jerk reactions and are offended at the idea that IP law is to slanted toward companies.

    It's not hard to see where this could go.

    I believe copyrite term should be shortened and contract law reformed. And I have written an editorial on the subject.

  96. I don't think you're seeing the big picture here by flatrock · · Score: 1

    I strongly believe that patents are still a good thing, but that the laws need to change to be relevant to modern times. Maybe a patent should last for 3 to 5 years - certainly enough time to get a competitive advantage. Also, if a patent holder does not use the patent constructively within one year (or show that the patent is part of an ongoing development within that year) then the holder must be forced to license the patent to one or more other parties, at a reasonable price.

    For many truly unique ideas, 3 to 5 years just isn't enough to implement the idea and see a reasonable return on the investment. Some things are invented before the infrastructure is there for them to become viable products. The invention of the television is a good example. The man who invented TV never did make any noticable amount of money off of it, because his patent expired before it became a real product.

    Drug research is another example of an area where 3 to 5 years just isn't enough. The drug has to be developed and tested internally. It then needs to go through clinical trials and FDA approval. This process can often take longer than 3 to 5 years.

    How about all these new storage technologies we hear about from time to time. There's always some new non-volatile digital storage medium that I'm hearing about, and it always seems like someone is saying that it's about 5 years from becomming a product, and that's often after years have gone into the development.

    There's been some good arguments that software is different, and that a software patent would only need to last for a few years. I'm sure that there are many cases where that are true, but for ideas that are implemented in software, that are truely ahead of their time, is a few years really enough to bring them to market?

    There's another issue with software patents that I never see addressed on Slashdot. What about VHDL code. The VHDL describes how the hardware will work, but is it really just software? We make products where I work that you can change the VHDL, recompile it, load it into the FPGA over the PCI bus, and significantly change the function of that PCI card. How is that different than recompiling a software program? The layout of the PCI card, and the parts used aren't that unique. But the operations the VHDL performs are unique. The problem is that the product is for a imature market. The company I work for will likely break even on it within 3 years of the invention, it doesn't make much sense to invest millions of dolars over three years to develop a product and bring it to market just to break even.

    Who wants to invest in developing new products, when there's more money to be made by stealing three year old designs that are just becomming profitable. Whoever has the cheapest production and marketing costs wins. That doesn't sound like a good environment for technological innovation.

    Many people on Slashdot seem to want to beleive that all it takes for innovation is the sharing of ideas. The problem is that the economic aspects of creating products that people can use just can't be ignored, and saying that everything can be brought to market in 3 to 5 years isn't close to being realistic.

  97. Copyright and the Constitution by Harlequin+Jones · · Score: 2

    Copyright came into being as a creation of royalty; kings and queens who were trying to control the spread of information. Select few individuals or companies would be given the "right to copy", that is, to print books at all.

    The ones who wrote the Constituion viewed things like patents and copyrights not as goods in themselves, but as useful evils. If people are allowed to profit personally from their intellectual effort, then they will be able to spend more time involved in intellectual effort, rather than having to work some menial job in order to finance their work (or be already wealthy, as was the case with most scientists of the Renaissance).

    They were well aware, as we should be today, that freedom of speech is fundamentally more important than copyright. Where the two conflict, freedom of speech should triumph.

    As a side note, it may well be possible to prevent fraud without the use of copyright or patents. If I publish a book with Albert Einstein's name on it that describes physics as being magic provided by demons in terms of fundamentalist religious doctrine, it could be argued that I was committing fraud upon my consumers -- unless, of course, my name really was Albert Einstein...

    HJ

    --
    -- A New World, Unordered http://www.anwu.org/
  98. Advocating the return of GunBoat Diplomacy? by crovira · · Score: 2

    The problem is that while the utter freedom of intellectual property is the goal, you have to drag the rest of the economies to it as well.

    The reality is that economic interests concerned have to be convinced that it is in their best interests otherwise you end up with the authorities (who, infact, author nothing but author-ize instead,) in country F rushing some kids bedroom and seizing property for a possible offense in country U.

    The economic interests concerned are only concerned with their economic interests.

    If you can come up with an economic argument (and screw everything and everybody else,) that can convince one of them to take a limited chance to see if there's a buck profit to be made on ten cents investment, you're in.

    If you can't, it'll be settled the way it has traditionally settled right up to the end of last century.

    Nineteenth century and prior wars were purely economic. From the Nepoleonic wars to the minor skirmishes of the Boxer rebellion and the Opium wars in the far east. The Boer, Zulu and a depressing litany of wholesale slaughter to encroach on marketing or resource territory.

    The First World War was fought over the German Junker's marketing of their pigs to central and southern Europe. (Read The History of the Great War by Winston Churchill.)

    The Second World War was fought over Axis econo-political control over an expanding territory. Since the planet wasn't expanding, we fought back.

    Stalin's wholesale slaughter of the Ukranian Kulaks was committed in the name of agrarian reform.

    The only purely idealogical war was the killing fields of Cambodia where almost a quarter of the population was murdered by their own children.

    Fighting for piece is like fucking for chastity. Find another way. A concensual way.

    --
    MSBPodcast.com The opinions expressed here are my own. If you don't like 'em... Think up your own stuff.
  99. merh, I'm no author by Srin+Tuar · · Score: 1
    I was speaking in first person hypothetically.

    Oh- and besides thats a real great refutement of what I said. You can scuttle back under your rock now.

    1. Re:merh, I'm no author by kuzinov · · Score: 1

      Not that I don't think the current copyright/trademark/IP laws need a gross overhaul.To have none whatsoever would make it impossible to make a living at anything.

      --
      Great minds think alike,but,fools seldom differ.
  100. copyright !=proper credit by glgraca · · Score: 1

    Extinguishing copyright doesnt mean there couldnt be laws to make people give proper credit to the original inventor/writter.

  101. When it will be viable by spudnic · · Score: 1

    Copyright laws are obviously needed to insure that currency is provided to the author of a work as an incentive to create that work in the first place.

    Of course in any society there will be exceptions who would not require this incentive if they could count on a stream of revenue from some other source (you have to eat ;). This is where Open Source is.

    Doing away with copyright laws will not be viable until the successful creation and widespread implementation of replicators is completed. When we can pick and choose what we want for dinner, what we want to wear, etc., without having to worry about paying for it.

    --
    load "linux",8,1
  102. Copyright vs. copy validation by AstynaxX · · Score: 1

    We COULD simply alter the law to make it unlawful to make a copy of someone else's work for 1) your own comercial benefit and 2) without properly crediting the originator, and noting properly any changed or alterations to the original works. Big Corp will never let this simple act of logic occur, but it could theoretically happen, and would solve the problem you pose without hindering the spread of information in its various forms.

    -={(Astynax)}=-

    --
    -={(Astynax)}=-
    "Darkness beyond Twilight"
  103. Missed the Point by vergil · · Score: 2
    Although this post has generated many well-thought out and insightful comments, I think a discussion centering around the international validity and enforcement of copyrights has largely missed the point.

    Regardless of which principality chooses to enforce copyrights, large corporate copyright holders have taken the initiative by employing "coded-in" architecture. Hence, traditional allowances that have kept the privelages of the copyright holder balanced with the public interest -- i.e. Fair Use-- may be hardwired out of the copyrighted product.

    Take, for example, several MPEG layers currently in design. MPEG 21 (and I believe 4) comes with a nifty "Intellectual Property Management Layer" for "digital rights management."

    Guess who's been busy championing this brand of fine-tuned copyright control?

    Leonardo Chiariglione, executive director of the Secure Digital Music Initiative and a leader in the MPEG group, has been a main proponent of the MPEG-21 concept. SDMI is developing a generic architecture to handle security and digital rights management for Internet audio.
    (from Electronic Engineering Times article)

    I think Lawrence Lessig's book Code (link to O'Reily review) clearly explains the consequences of allowing powerful, corporate copyright holders to create their own copyright policy through soft/hardware architecture.

    Sincerely,
    Vergil

  104. The real reason why copyright is bad by abe+ferlman · · Score: 1
    Is that corporations are allowed to own ideas. If copyright were left solely to authors, whose lifespan is limited by nature, this wouldn't be nearly the sort of problem it is today.

    --
    microsoftword.mp3 - it doesn't care that they're not words...
  105. The real reason for copyright law. by ZanshinWedge · · Score: 2
    I'm sure the first thing most people think about when it comes to copyright law is piracy and people not paying for what they use. However, this is not the main reason for copyright law.

    Copyright law is there to protect businesses from each other. How much does it hurt if one person doesn't pay for something? Especially if you only consider the intelectual property costs (i.e. we're not talking about someone stealing CD's, we're talking about someone "stealing" music). The cost is actually not that great especially if the "thief" had no intention of actually buying the product. However, imagine for a moment what would happen if someone could re-brand a product and sell it for themselves, legally? Without copyright law someone could start printing copies of the latest book by (insert your favorite author here) and sell them for whatever price they chose without ever giving a dime back to the author.

    Copyright law is intended to protect the interests of the "artist", but the most serious concern is organized "theft", not individual theft. If you look at the biggest concerns currently in terms of software piracy and copyright violation, it's not individuals duping copies for their friends, it's organized re-selling of copyrighted materials, things like counterfeit software (complete with fake registration cards), pre-release black market movies, etc. This is of the most concern because A) by laying down cash for these items we know that the buyers of these items are exactly the people who would potentially pay for the real product (assuming the price differential is not too great), so this represents money that should have gone to the "artists" but did not, and B) sometimes people do not know that these products are "phony" (this is especially the case with counterfeit software). Without copyright law, this kind of thing would be legal. Even more worrisome is that someone could manufacture packaging and product that looked identical to the "true" product and buyers would have no way to tell which purchase would result in money going back to the original developers / artists.

    I think we do need copyright protection. The question is how it is used and how it is enforced. After all, both Bill Gates and Linus Torvalds protect their software under copyright law (Bill Gates to make sure people pay for his software, Linus to make sure people don't pretend his software is their's and charge too much money for it).

    1. Re:The real reason for copyright law. by awol · · Score: 1

      However, imagine for a moment what would happen if someone could re-brand a product and sell it for themselves, legally?

      Under the law without copyright (LWC) this would fall under the tort of Passing Off or Fraud (or even another tort if one exists - even if it does not then one could be created), depending on what the rebrander actually claimed. Both these offences existed well before contract law or copyright law.

      However the rebranding of a product as "NewCorps distribution of OldCorps PackageX" is a perfectly legitimat practice. (sound familiar?)

      --
      "The first thing to do when you find yourself in a hole is stop digging."
  106. Intellectual property is a hack. by defile · · Score: 1
    In an ideal society, our motive for advancing society would be pride. Money is what makes us compete against one another. The effort to raise our quality of life. Intellectual property is really what makes this competition possible. To successfully do away with IP, we must first refocus our efforts.

    In other words, this isn't going to happen overnight. People are starvingly poor and others are gluttonously rich. Those caught in the middle have a decent quality of life but don't want to work for the rest of their lives for an asshole (boss). IP is what empowers those in any one of these groups to just come up with an idea and "own" it. In owning such an idea, they can have financial freedom. Get out of poverty. Stop working for someone else. Make yourselves richer, whatever. The chances of this actually happening are quite slim, but the fact that it's possible will make many unwilling to give it up.

    I wouldn't be surpised if people who contribute to open source are people who are either financially secure (ie, don't have to work anymore), or people who like their jobs enough that they don't feel that they need to spend their efforts making themselves financially secure (since their job might guarantee it). There are of course exceptions, but if we were all poor and miserable, open source would largely not exist.

    This isn't just source code. Artists who are financially secure have so much less of a problem with Napster than those who are trying to make their living with their music. There are exceptions like Metallica, but you really don't care about trying to enrich society with your music if you need to eat.

    So, this finally brings me to the stated point: Intellectual property won't go away unless we significantly improve the quality of life. Like on Star Trek. :)

  107. Law by lew2000 · · Score: 1

    In fact copyright law is not based only on international treaty, but is outlined in our consitution Art. 1 Sec 8 "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries". The fact of a INTERNATIONAL copyright is a seperate issue. I belive we (the US) did not even belong to the bern convention untill the 1980's.

  108. Significant Internet Connectivity? by laoman · · Score: 1
    ...Sooner or later, these outlying regions are going to have significant Internet connectivity...

    I must wonder about that: My country is a small island of 700000 people. In spite the fact that a large percentage of the population has Internet access, our international Internet connections for the whole country sum up to a few hundreds of Mbps and the largest local ISP has a total of (i think) 30 Mbps of international connections.

    This is enough for the local needs - so it's definitely not going to grow very much - but it is hardly enough to host the large "free information" server farms that are imagined in this document.

    Conclusion: Given the fact that most of the countries that haven't signed the international copyright treaties are small, I wonder if they will ever have any "significant Internet connectivity" at all.

  109. What would GNU do? by dmahurin · · Score: 1

    Since GNU relies on Copyright law,
    with no copyright, the GPL license become meaningless.
    Microsoft would be free to use GPL and change code and sell binaries only with built in copy protection and automatic expiration.

  110. Copyright doesn't exist to restrict copying... by Gendou · · Score: 2
    The concept of copyright originally existed to protect the interests of an inventor/artist/etc. from their *idea* being copied and then appropriated. It never had anything to do with people making actual copies. Why? Up until recent years, it was never possible to make a perfect duplicate of a piece of work (and up until the past two decades, copying software wasn't even a thought). People had tape recorders. People had low quality copy machines. There was nothing that could precisely reproduce a work in any kind of high quality fashion. Because of this, it's clear that copyright was intended to protect against something else entirely. As mentioned, this was to guard people who create things from finding other people saying "I made that first!".

    I don't know at what point, but somebody decided that the whole issue was actually making copies, not protecting IP. Which is interesting because I do not see how actually copying a work causes any infringement upon IP rights. If you make a duplicate, that duplicate still bears all of the branding of hte original creator - and makes it even less likely for you to be able to say "I invented/created this".

    Or at least that's what I thought until I read Webster's definition of the word copyright. Hmmm... I guess They got to Webster first. :-) But the definition is kind of interesting...

    copyright \Cop"y*right\, n. The right of an author or his assignee, under statute, to print and publish his literary or artistic work, exclusively of all other persons. This right may be had in maps, charts, engravings, plays, and musical compositions, as well as in books.
    Source: Webster's Revised Unabridged Dictionary, © 1996, 1998 MICRA, Inc.

    How could this definition apply back in the days before it was even possible to "distribute" a piece of work like we can today? Can this still be interpreted such that distribution rights matter when it comes to people trying to literally steal and redistribute for the purpose of some sort of personal gain?

    Call me crazy, but if my interpretation is correct, MP3's don't do not currently do this. Neither does DeCSS. Hmmm... Just my thoughts.

    1. Re:Copyright doesn't exist to restrict copying... by FigWig · · Score: 1

      Um, no. Copyright was always meant to protect a specific expression of an idea, rather than the idea itself ( that would be what patents are for ). There was a famous case around the turn of the century (1900) in which an accountant's claim of exclusive rights to an accounting system based on copyright was rejected. It was ruled that copyright only covered the particular expression of the idea, not the idea itself.

      --
      Scuttlemonkey is a troll
  111. The Human Domain by supermonkey · · Score: 1

    I work my day job so I can afford food, clothing, shelter, and transportation. I work at night on things that interest me (mostly code and theory) to further the knowledge base of the human race. You know, the one we all belong to. The things I do are freely given to any who wish to use them and improve them. All ideas and products belong to the human domain. There is no ownership of ideas/processes/phrases/etc. We're all on the same team. When are we going to start acting like it? ps - Greedy control freaks are counter-productive. Please remove yourselves.

  112. I'm for abolishing copyright. by BubbaFett · · Score: 1
    I don't think governments and treaty organizations have any business defining what's intellectual property or not.

    If business A doesn't want you copying software, then they should present you with an agreement to sign in order to purchase use of it.

    Trademarks? They were never inteded to protect intellectual property. They're meant to prevent misrepresentation.

  113. Moderator: That was meant to be _funny_ by redhog · · Score: 1

    Moderator: That was meant to be _funny_
    You may not like my sense of humor, but that moderation was plain hostile!

    --
    --The knowledge that you are an idiot, is what distinguishes you from one.
  114. Bible copyrights by Donut2099 · · Score: 1
    Just another example of the two-faced hypocrisy of a religion that advocates community property in its scriptures while simultaneously kneeling at the altar of the almighty dollar.

    I feel compelled to respond to that statement. I suppose it would be easy to assume that anyone who sells a Bible is surely a represenatative example of Christianity, but that is not the case. Anywhere there is a dollar to be made, there is someone who is willing to make it. As the post before noted, there is no copyright on the KJV Bible, which means anyone with the resources can publish and sell a KJV. Some companies in the business of enlightening people with God's word do just that and sell the products at close to cost.

    Now, while trying to avoid the which translation is better argument (which is so closely tied to the economics of the situation as to be almost impossible), it is easy to see that it would be difficult to make a wild fortune selling KJV bibles, barring special expensive leather bound 2000th anniversary editions. But as I said, if there is money to be made, there are people willing to do what they must to make it. By making a new translation and copyrighting it, they have cornered the market on the new and improved word of God. Then all they have to do is convince people that their version is the best, most up-to-date version available. If someone else comes up with a newer, better, more-up-to-date-er version, they just release the Revised Best Most etc...

    All the different versions that are sold at such a premium are published by large corporations, and these corporations are every bit as greedy as the recording industry. In some cases they are the recording industry... They have to keep up appearances, because most Christians would not be comfortable giving their money directly to Satan, but don't look to them for an example of Christianity in action.

    OK, I'm done.

    1. Re:Bible copyrights by acceleriter · · Score: 1

      Fair enough--and thanks. It wasn't fair of me to paint all Christians with the brush used for those who sell Bibles.

      --

      CEE5210S The signal SIGHUP was received.

  115. Think of www.bin-laden.af by MotyaKatz · · Score: 1

    Gives a whole new field for terrorism actions for Mr. Usama Bin Laden.
    Setting some nice pirate sites, what a disruption for US and world economy. Publishing serial numbers, registered passwords and other.

    I wonder if US would go and bomb then Afghanistan or Sudan internet connection...

    --
    -- "If you had fallen into a shit pit during a battle, lick yourself off and move on." - Jaroslav Hasek
  116. The Law of the coutry you live in applies to you. by stonewolf · · Score: 1
    If you are a citizen of a country with no copyright law then you are free to use anything you want and you can set up a web site to distribute it.

    BUT....

    If you, living in a country with copyright laws, downloads anything from that web site, you are in violation of YOUR countries law and can be prosecuted in YOUR country. YOU are the law breaker, not the person running the site.

    Also, folks, I used to work in telecom and my MSCS thesis research was paid for from a grant by the CIA. Believe me, if a US Federal judge ordered it, all traffic flowing from or to another country can be blocked. It isn't even that hard to tell routers not to pass packets with certain IP address ranges. A court order could simply block all access from the US (or any other country) to all IP address assigned to anyone in a country that contained servers that were in violation of the local laws. It's just too easy!

    Never underestimate the power of a US Federal judge!

    So, what if there were no patents or copyright?

    Well, a few historians point at the US patent system as the root of all technical development during the last 200 years. The concept is that the inventor is granted a limited monopoly on the use of an invention in exchange for allowing everyone else to see how it works. This way we all can learn from the invention and one invention leads to another. Without patents people rely on keeping everything secret. If everything is secret the over all knowledge base doesn't grow. This actually works a lot like open source works. To get a patent you have to open the source for your invention. The difference is that you get to make money off of it for ~17 years before it become public domain.

    The idea behind copyright is different. It was intended as a way to allow performers, writers, and artists to benefit from what they do just as patents allow inventors to benefit from what they do. But, now it is being applied to software in combination with patents and the actual invention (the source code) is being held as a secret. This goes against the very CONCEPT of patents and copyrights. Something is very wrong and it needs to be fixed.

    I wish I had a solution, but I don't.

    I can say that the solution to the problem won't come from complaining about it. It will only come when we organize and bring the same pressure on world governements that the large corporations currently do. And don't tell me this can't be done. Just look at the history of the labor movement if you want to see how a bunch of ordinary people brought big corporations and even governements to their knees.

    Of course, you might want to visit the Ludlow monument to understand the risks. http://www.umwa.org/history/ludlow2.shtml

    stonewolf

  117. We already have nations w/o copyright. Taiwan? by SlushDot · · Score: 4
    Look at Son May Records in Taiwan. Virtually their entire business consists of selling unauthorized copies of other people's CDs, DVDs, Videos, etc. Their products are cheap knockoffs. They typically don't copy all of the booklets, jacket art, or include black and white copies of color art, etc. On the plus side, Son May produces many items that have gone out of print elsewhere long ago (and no, it's not *because* of Son May). Son May is the only place to find older CDs and such.

    However, in Taiwan, Son May is a licensed local business. They employ people, pay taxes, pay business license fees, sponsor local kids sports groups, etc. From a local point of view, they are not illegitimate at all. Copyright law is a Western invention and then we have the gall to decree our invented concept "morally correct" and call names at Taiwan? Many other nations consider the US attitude on guns or wealth accumulation a far worse behavior. Our women don't cover their faces like in many Arab nations. Should we change and conform to meet ideals of other people in other nations?

    I see no difference here.

    And you know what, the world seems to be getting along just fine, and Son May sells its products all over the world without "authorities" seeming to care at all. Walk into any asian video/music store, or a comic shop that deals in japanese anime. At least half will stock Son May products. And this is in the US.

    Does the US seem to care? Nope. Who's getting hurt? Answer, no one. What's our response? Hey! Taiwan is one of out "most favored nations".

    --

  118. lowest common denominator by kaisyain · · Score: 2

    Your offspring should start out the same way as everybody else.

    Which everybody else are you talking about? Are you only going to give your kid one meal a day four times a week so he can be just like the average kid? Are you not going to teach him to read since most everybody else is illiterate, too?

    I'd wager not. You'll probably give your kid nice clothes so they don't freeze in the winter and good food so they aren't malnourished and you'll send them to school. So obviously you aren't comparing them to the world population at large, but rather to some smaller, more select group of "peers". But why is are the peer criteria you selected the correct ones?

    If I know how to make a certain algorithm, I should be able to use it in my software...

    But the only reason you know about this algorithm is because of someone else. How is that different from monetary inheritance? If you figure out the algorithm all on your own then, sure, you can use it. But you haven't. You just "inherited" the knowledge of the algorithm. Why do you make a distinction between monetary inheritance and intellectual inheritance? If I have to start at ground zero to gain my money why don't you have to start at ground zero to gain knowledge?

    1. Re:lowest common denominator by robertli · · Score: 1
      But the only reason you know about this algorithm is because of someone else ...

      Isn't this like the Rambus situation? A group of companies independently come up with a memory technology only to have Rambus come 8 years later and claim that they thought of it first and then proceed to demand that royalties be paid to them

      The problem with patents in my view is that currently, they don't distinguish between copying someone else's work and independently coming up with it. The most obvious consquence of this is the prevelance of "obvious" patents like the 1-click patent.

    2. Re:lowest common denominator by tom's+a-cold · · Score: 1

      Oops, sorry about the bold font. That was an html cut-n-paste error.

      --
      Get your teeth into a small slice: the cake of liberty
  119. Copyright *PROMOTES* creativity by decipher_saint · · Score: 1
    If I © a certain way of doing things, competitors have no choice but to research another way of doing things.

    I ask any of you this: Would you like to live in a world where products and services are all minor variants of each other? Where everyone copies everyone else?

    This is how the music industry works, last year a band had a Top 40 hit that used a voice modulator (the thoroughly annoying "Blue" song for instance), soon all the pop bands were using it for no other reason than one band made a hit single with it. No one innovated, no new sounds were created to compete with this song, the pop stations were essentially playing several different versions of the same song. Was anything innovated? No. Did music change for the better? Hell No.

    The point to all this is, the copyright system while "archaic" and "outdated" made the USA into the financial juggarnaut it is today by creating a market where the status quo makes no money and innovation is rewarded!

    Capt. Ron

    --
    crazy dynamite monkey
  120. Those countries can be blockaded/filtered off. by TheLink · · Score: 1

    If the powers that be in the USA don't like it, they can always legislate that the country be unreachable from any USA network. It's technically and politically possible. It's the high and mighty USA after all, no big deal to force US ISPs to put in a few packet filtering rules, or to route those packets to null. Then they can ask their good ol friends (Canada, UK, Australia, NZ) to do the same.

    Anyway, there's still a need for copyright law. But since the software industry claims that they are doing so much "innovation" at such a rapid pace, then I'm sure that they don't need 50 year long copyright laws. I suppose 7 years should do.

    That way companies would have to come up with real innovation. Just because the annoying paper clip now comes zooming over on a bike doesn't count as innovation.

    And these stuff should not be renewable. None of this stupid "little tweak and it's good as new" stuff.

    Cheerio,
    Link.

    --
  121. If you want to work for a King... by ch-chuck · · Score: 2

    I think a lot of the old pre-copyright artists/composers were comissioned to produce works, so that would throw self employment out the window right there - any IP creator would become a beggar (the old 'starving artist') looking for wealthy benefactors; e.g., Metallica would need some businessman to suckup to to pay the bills, and that would suck worse that what we've got as far as individual freedom of expression goes.

    Researching Leonardo's source of income....

    --
    try { do() || do_not(); } catch (JediException err) { yoda(err); }
  122. wooohhooo by thomasorrow · · Score: 1

    Then i could still be downloading Dr. Dre and Metallica to my little heart's desire--oh wait my college blocked napster. Thomas

  123. No IP, no incentive for innovation by code_rage · · Score: 1
    In a recent column, Thomas Friedman, foreign affairs correspondent for the New York Times, says the bashing of the federal bureaucracies is largely ignorant. Friedman, who has traveled widely and is a proponent of free trade, says that our 3-letter agencies, where "faceless bureaucrats" enforce rules of basic fairness without the rampant corruption seen abroad, are the envy of the world.

    Friedman quotes a new book by Hernando de Soto, which concludes that "good political institutiions and property law" are the ingredients that have consistently enabled entrepreneurs in the West to succeed, and their absence elsewhere explains why others fail.

    If there is no incentive for hard work then nothing will be created. Please, don't raise the canard of "give the content away to create a market for the server" or other schemes which have been disproven in the marketplace.

  124. Re:I don't think you're seeing the big picture her by Salsaman · · Score: 2

    Well, it seems to me like this could be solved by having a default duration for patents, and then allowing the patent to be renewed if the holder could clearly demonstrate that they had been working on the patented technology, but that it would take longer for a return on his/her investment.

  125. the US will take political steps then by Woolfie · · Score: 1
    it is actually quite simple: if some country behaves in a way that might damage the american economy, there will be political actions to correct that.

    This is easy with "friend countries" like the western world. E.g. the US managed to forbid that gene food can be labeled as such in Germany.

    It is still relatively easy in countries of the 3rd world that depend on international help. Refuse to send them food and money and very quickly they will comply as far as they can.

    It is pretty difficult with "enemy countries" or countries that just don't give a shit like Libya or China. But then, these are usually countries, where there are other (usually human rights) problems that you wouldn't want to support.

    Basically the US will engage anything that their world power arsenal contains to protect/save/support their industry.

    The bottomline: if you want to do something against copyright, then do it in your own country. In the US. The rest of the world (including us Europeans) is pretty helpless when the US play with their muscles to support their economy.

  126. Update the 'ancient' laws, Do not remove them. by LordZardoz · · Score: 1

    It is not the fault of the fortunate that your ancestors were either too stupid to make a fortune or not strong enough to keep others from taking it from them. No one can be blamed for the potential stupidity of anothers parents. And in the event your ancestors riches were taken from them, then it is not everyone's fault that it happened. Only the people who took it are responsible. Copyright or Patents are meant to be a guarantee that Mental Labor has an intrinsic value, even if it is not as tangible as Physical Labor. Those purposes are not evil. That the laws can be abused is simply the fault of the law makers. Not everyone is going to be motivated to benefit the entire human race, and I am not exactly sure that it should. I dont think it is right for someone with the inteligence and creativity of a pile of fecal matter to be able to benefit by taking someone elses work and selling it as their own. END COMMUNICATION

  127. Re:This rather contradicts "smoke dope" for peace by Anonymous+Coed · · Score: 1

    They don't smoke it -- to do so would likely mean death -- they merely sell it overseas to raise war making revenue. Try getting your outdated stereotypes straight.
    ---

  128. WIPO and co... making countries support capitalism by DJ+ILLuminatE · · Score: 1

    Trademarks, copyrights, etc.. all the children of capitalism. I think copyrights and trademarks should only be subject to America and any free trade countries. Otherwise we are pushing (forcing?) capitalist rules on not necessessarily capitalist countries. In a global marketplace where capitalism seems to be the general economical protocol, things like two peices of software that have similarities shouldn't be basis for litigation. It's called competition, and without it capitalism would be dead for monopolies are price controlling and inefficient. Just imagine if Ford would have friverously protected his invention (and perhaps even the idea of assembly lines), what would cars be like today? Where have we gone wrong? May be we should rework the copyright system to allow copyrights to companies who put in time and money for R&D and produce something that would otherwise not exist completely (windows in this case would be exempt, but all music and literature would be protected). The copyright laws have been so convoluted lately with BS that it's near time to draw a distinct yet flexable line. Without competition, we have monopolies, and then there is no more innovation because the monopolies are too busy fighting off smaller businesses or chasing down would be innovators (hackers). Without innovation we have nothing.

  129. A solution to the unending copyright problem by joblo · · Score: 1

    The main problem with copyright is not so much that people are getting recognition for their work, that's good as far as I'm concerned. The problem with copyright is that, if you want to make serious money off of your work, you have to utilize your power to restrict others from editing and copying your work, which is what many artists do. Now, the Founding Fathers realized that, after the artist has made some money off of their work, the public's best interest is served if the work becomes freely copiable and editable. Hence, the "limited time" clause in the constitution. Unfortunately, the heirs of certain authors (Disney and others) have managed to convince the US government to extend the copyright to longer and longer "limited" times. This is exactly opposite of what it should be, because as time goes on and technology speeds things up, it becomes more and more in the public's best interest that books, software, etc. be freely copiable/editible sooner rather than later. Yet it would be unconstitutional for the copyright term to be shortened because it could be regarded "ex post facto". I feel a solution would be to simply, after a certain number of years, take away the authority of an author to restrict others from copying and editing a given work. Thus, if Windows 2005 were to go out, the copyright holder would still "own" it for 100 years or so, but not the ability to restrict others from copying and editing it. Another solution would be to limit the amount of money an author/CR holder can get off of royalties.

  130. Re:Local laws? by Carik · · Score: 1

    ...they must have some kind of copyright law, right?

    Why must they? What makes it such a brilliant notion, so inherent to human conciousness, that every country in the world has a copyright law? While I do, I admit, sometimes fall into the trap of thinking of my own country (the US) as being a good representation of the rest of the world, it's not. Don't try to use it as one.

  131. Subjuntive tense by spike_gran · · Score: 1

    I know this is way off topic, but, the title to this story should really be "What if there were no copyright law?" In English, you should use the subjunctive tense of the verb "be" when you make a statement that is contrary to fact. See The American Heritage Book of English Usage for an explanation.

  132. Remeber who the laws protect by RalphSlate · · Score: 1

    People always look at this issue as though the problem is that the corporations are holding onto a bunch of IP tightly, and that without copyright this IP would be free.

    They fail to realize that without copyright law, if you produced IP, a corporation would be free to sell this without royalty payments whatsoever. They just wouldn't be able to do it exclusively.

    If Brian Wilson wrote a great new song called "Good Vibrations", Sunkist would be able to use it to advertise their product for free.

    If you wrote "Hunt for Red October", Random House could sell a million copies and not pay you a penny.

    You can argue that you are free to sell these things yourself, but you don't have the resources that a large corporation does. They will always be able to outproduce, outpromote, and undercut you.

    Ralph

  133. Re:I don't think you're seeing the big picture her by flatrock · · Score: 1

    If sounds like a good idea in principle, but I'm skeptical that it would work well in practice. I expect the process of trying to get a patent renewed would make a lot of Lawyers rich, and screw the small time inventor who can't afford to keep paying lawyers while their money is tied up in getting their product out.

  134. Patents for commerce in South Seas, or East India by tz · · Score: 1

    Having ships that could do trade all over the world was hi-tech circa 1720 and precipitated two famous bubbles (overvalued equities/bond markets).

    The South Seas company had a patent, i.e. royal monopoly, to conduct business with South America. Of course the Spanish and Portugese were there first, but that was no more a problem than profits are today to many dot-com startups.

    This wasn't IP, but was the same kind of thing - a license for a monopoly in a given trade. Geographical instead of intellectual.

    The US Citizens may have heard of the Boston Tea Party. That was another government in bed with business. The East India company had a monopoly on Tea, and HRH taxed it. And there were many things which it was illegal to do, make, or grow here "in the colonies" since mercantilism was in vogue as economic policy - Ma England needed to be the industrial producer (value added in today's lingo).

    This might all sound silly today. Having to get a license to trade in an area? A monopoly grant at that? My point is that Copyright and Patent are like these things were 250 years ago. And may go the same way.

    But I would also note we still have a lot of similar trade laws today. Taxi "badges" are a way of limiting the number of taxis creating an oligopoly if not a monopoly - it isn't safety or they woudn't restrict the number. Same with things like Barbers, many states have complex and irrelevant requirements simply to reduce the number going into the profession. Then there are Doctors and Lawyers.

    One final note. What happens when the Library of Congress goes fully online and anyone can view any work on the web? When there aren't a finite number of physical books to check out? Copyright then becomes moot.

    Though I think the IP supporters will hate this, a Copyright (and Patent) tax (percentage of licensing fees) might be best. Don't pay, and your work is effectively in the Public Domain. You pay for access and governement gets a cut.

    But there is still the problem of more than one person looking at a screen.

    I don't know anything except that the situation is unstable, and the DMCA to the MPAA now is what the King was to the East India company then. It is more like a last gasp at protecting something economically untenable. Laws that throw people in jail for doing something easy and simple are economically inefficient.

  135. Licenses do not derive from copyright law by Arandir · · Score: 2

    Other than a few exceptions, software licenses do NOT derive from copyright law. They derive from *contract* law. Why do you think they're called license agreements?

    Tossing out copyright law will do nothing to change the MS EULA or other proprietary licenses. The problem is that the general public thinks all of this stuff is operating under copyright law, while the industry is operating under a mutant contract law. What needs to be done is either A) base licenses on copyright law, or B) make these licenses explicit contracts instead of a unilateral declaration that the user has entered an agreement.

    My personal view is that copyright law should be eliminated *concurrently* with a fix in contract law. A consumer needs to explicitly agree to a software license and convey this acceptance to the licensor in all cases that would remove a legal right of the consumer. In all other forms of contracts, this is done by means of a signature. Although this seems unworkable, it is not. It protects the consumer from entering into binding contracts of which they are not aware. It also forces the industry into using means of IP protection that do not rely upon gun-toting police (DeCSS).

    For most consumer software packages, encryption and/or registration keys will work. For larger commercial works, the sales force may need to get customer signatures, just as they do when selling support contracts.

    At the same time, to play my own adversary, I do recognize that "classic" copyright law adequately performed the role of an abbreviated and standard implicit contract for two centuries. But at the minimum the DMCA and UCITA have to go.

    --
    A Government Is a Body of People, Usually Notably Ungoverned
  136. Copyright in a Nutshell by IronSignBob · · Score: 1

    Copyright Law, in a nutshell, states the following:

    Once I have placed atoms (or electrons, in the case of software, music or movies) in a certain order, then no one else can place them in the same or similar order unless they give me small, green pieces of paper.

    It is abstract and arbitrary to the point of absurdity, and has fuck all to do with being a human being.

    The only original, valuable thing is the idea. If I create a reproduction of the Mona Lisa identical to the atomic level and shuffle it with the original, which one is worth more? Only the idea is worth something, and you can't own or control ideas. They are intangible.

    I am not saying I have a solution to the problem given the current state of human economics, politics and technology.

    I am saying that copyright law is an indicator of how badly humans have fucked up in attempting to impose order on their reality.

    'Confidence is what you have when you haven't fully understood the situation'

  137. Copyleft works fine. by bcrowell · · Score: 1
    Copyleft works. It ain't broke, so why fix it? It gives the author legal remedies against (1) plagiarism, (2) inaccurate editions, and (3) antisocial profiteering activity, like the sale of free software by a third party who doesn't disclose that it's free software.

    If you abolish copyright, you abolish copyleft, too.

    Why are people so anxious to have systems like Napster that don't let authors choose copyleft or copyright? Answer: selfishness and the limitless human capacity for rationalization and hypocrisy.

    --

  138. Re:Why it Exists-it's an incentive by ChambersR · · Score: 1

    copywrite law exists to ensure that there's an incentive for development. It costs millions to develop an OS, or a drug, or the design for a new car. If there was no protection for these, and therefore less return on their investment, there would be millions lost, and there would be *much* less incentive to innovate.

    If you think that a company's product is useless or overpriced, then don't buy it. Nothing lost; without the copyright law, that option probably wouldn't even exist.

    And if you think you can develop this thing and that it shouldn't cost money, go ahead and GPL it. Once again, nothing lost.

    The only disadvantage is that if something is already copyrighted, and you develop it yourself not realizing that it already existed, you cannot sell it or even GPL it. Can anyone think of a way around this?

    -----------
    Agree with this? It'd pay to check out
    http://www.lp.org/, the libertarian party.

  139. What about a copyright tax? by erikhill · · Score: 1

    Since copyright, in my opinion deprives us from the natural right we have to use information in any way we please, I think that a tax levied on the profits made from a copyrighted material make sense.
    Basically, you would have to pay some percentage of the profits you made from the copyrighted work (ideally, to fund open works :). Also, you'd have to pay some minimum to hold the copyright, even if you didn't make anything from it. The minimum would start very small, but go up based on the total amount of money that copyright had made for you since its inception. (this is a virtual measure of its popularity). This would create a time limit for any copyright (after some point, it becomes impossible to pay for the minimum). It also would free works which have become unpopular, but were once popular.
    This system would reimburse the people for the deprivation of their natural information rights, if the levied tax went into funding open (common) works. (for example, paying for public art shows, paying artists/musicians/programmers salaries who generate public domain works). At the same time, it would allow people and businesses to profit off of copyrights, and create a system by which copyrights would be retired at appropriate times.

    Erik Hill

    --
    Tomorrow, I'll think of a better .sig
  140. Patenting, Right and Wrong by LoonXTall · · Score: 1

    Software patents enable Compuserve, for example, to patent a compression algorithm or a program that reads or writes a specific file format.

    [href:Why there are no GIF files on GNU web pages] Both Unisys and IBM have the LZW patent. CS didn't do their homework, and Unisys didn't bother anyone until 1995 (8 years after the creation of the GIF format) when it was thoroughly entrenched. This is Patenting Done Wrong: the _end result_ was patented.

    Then there's PKZIP: the actual implementation was patented. Other software can't use PKWare source code, but they (WinZip, WinRar, others) can create the ZIP file format without infringing on the PK patent. Patenting Done Right: the _implementation_ was patented.

    There's always another way to do something (ask Rube Goldberg)... end-result patents are the only bad ones. Copyrights, well... I'm commenting on patents.

    -- LoonXTall

    --

    ~~~LXT~~~
    Life is like a computer program: anything that can't happen, will.

  141. Re:Devil's Advocate here... by Arandir · · Score: 2

    I would be *glad* if people listened to my music. If I wanted money from it, i would make concerts and so forth.

    So what's to prevent big concert promoters from making millions off of your music, while your own MP3.com sales earn you only enough to rent out the VFW hall? Some people would call this exploitation, while others would say it's what you get for abandoning your work.

    I can think of several solutions. One of them is: shop your music around to producers or agents under a NDA. When a sale is made, specify in the contract that the producer will book only concerts that gain you a percentage.

    If copyright went away, the producers would create a standard contract (probably several) that all producers would be party to. If one of these industry agreements would be to give the author a 10% take on concerts, then any concert promoter that had signed off on that contract could not stiff you. And a shady concert promoter who did not sign up with any standard industry agreement would soon be blackballed (as Shoreline Ampitheatre will only accept concerts under the ASCAP agreement, for instance). This is a form of blackballing, and as such it will be very controversial. But its no different than Free Software users and developers universally ostracising LinuxOne.

    --
    A Government Is a Body of People, Usually Notably Ungoverned
  142. Art and Jobs by curveclimber · · Score: 1

    I don't know what you consider art, and that could be debated all day. I just thought I'd point out, however, that many artists must have side jobs even within the current system. It is fairly impossible to be a poet or write literary fiction in America without teaching at a university.

    So the idea that copyright protects the economic value of an artists production only matters if the artist has mass appeal. In other words, Phil Levine or Rita Dove probably wouldn't notice a difference if copyrights went away, but Brittany and U2 would be forced to make *serious* lifestyle adjustments.

    Whether that is a good thing or not is another matter altogether.

  143. The price of a DVD... USD$600 by yerricde · · Score: 1

    I also happen to think the price of a DVD is usually reasonable also.

    You think USD$600 is reasonable? Because the DVD people do not support alternative operating systems, the price of a DVD includes the price of VMware (USD$300) plus the price of a halfway decent version of Windows (another USD$300). Anything else either provides shit resolution (DVD players with television outputs) or will get your butt in jail and your equipment confiscated under 17 USC 1201 where applicable (BSD- and Linux-based DVD efforts).

    --
    Will I retire or break 10K?
  144. Dear Mr Shakespeare: by jonskerr · · Score: 1

    Our firm has found you to be producing a play, "Romeo and Juliet". This clearly a blatant violation of the intellectual property rights of our client's play "Romeus and Juliet". You will immediately cease and desist all production and performance of this play, and turn over to us all scripts, notes, and any other items relating to "Romeo and Juliet". Likewise, our client Mr Boccacio has written a large volume of work which you seem to have drawn from liberally over the past several years. You will immediately turn over all profits and assets gleaned from these plays and your interest in the World Theater London. Failure to do so will result in severe reprisals and litigation. Sincerely yours, Shylock Law Firm

    --
    O~ Him that studies revenge keeps his own wounds green. -- Francis Bacon
  145. I'll make an exception just this once.... by The+Monster · · Score: 1
    Monty, is that you?
    Of course it is. What were you expecting? (The Spanish Inquisition?)

    Wait a minute. I don't reply to ACs. Forget I posted this.... <g>

    --

    [100% ISO 646 Compliant]
    SVM, ERGO MONSTRO.

  146. I think copyright should be stopped... by SIGFPE · · Score: 2

    ...but for a different reason to that of most people. It seems to me that there ought to be a fundamental human right for two consenting adults to do whatever they like with each other in private. I believe that these rights should cover everything from sharing DNA to sharing data. Copyright gives other people the right to interfere with the private actions of individuals. Whatever the benefits that copyright may bring to society (and I do not deny that they exist) it seems fundamentally wrong that a third party is allowed to interfere in the privacy of my own home if I decide to share something with a friend. The powers that are required to enforce copyright rules seem to me to be too great to allow governments to wield them. So while I can sympathise with all those authors out there who feel they have a right to control their creations I don't think that the solution is to grant them the right to tell me what I can do in my own home. Having said this I must add that I have paid for almost every (maybe even every) item of intellectual property in my home that the law currently requires us to pay for because I think it is good to recompense creators for their work. If a way can be found to make people pay for IP without what I see as human rights violations then I'll be all for it. But otherwise I think the price is too much to pay.
    --

    --
    -- SIGFPE
  147. sealand by lemonlime · · Score: 1

    this is like the article that was in wired a while back about that old artificial island in the north seas.


    --
    Cognosco: (Latin) To examine, enquire, learn
    --
    Cognosco: To examine, enquire, learn
    http://cognosco©datablocks©net
  148. Afghanistan in Perspective(off-topic) by mdavids · · Score: 1

    The CIA should know all about the character of the crazies, because they largely gave them this character, enthusiastically arming and supporting them during the USSR's 'Vietnam' war in Afghanistan. It can also hardly have escaped their intention that the Mujahaddin (as the crazies were known when they were the good guys) were using drug money to finance themselves, but of course this wasn't the first time nor the last that the CIA turned a blind eye to the source of the funding for their exploits.

    A bit of perspective: the White House has long preferred to install berserk fundamentalist dictatorships, because in return for the arms to keep them in power they are generally happy to service the demands of US-based capital with little or no regard for the the welfare of their own citizens. Now to hop on-topic for a moment, what would happen if Afghanistan's position on intellectual property were considered important?

    Well, the ruling party would have two options, follow the US line, and be suitably rewarded, or don't, and find that their human rights abuses (which arguably they wouldn't be in a position to commit without US assistance) are suddenly grounds for 'humanitarian intervention', meaning cluster bombs, napalm, depleted uranium, wholesale slaughter of the defenceless civilian population, and years of economic strangulation, in conformity with the US government's definition of what it is to be a 'humanitarian'.

    It is more likely however, that Afghanistan will continue to be regarded as insignificant, serving mainly as fuel for the "Clash of Civilisations" doctrine, which holds that all strife and misery in the world is a result of culture and religion, and not a consequence of unprincipled and powerful agents persuing more wealth and power.

  149. Phasing out the patent system by Cyno · · Score: 1


    I think the patent system has served its purpose. It did promote competition when it was first implemented, however, in todays world there is already fierce competition, which does not need any encouragement. The competition today mostly battle on court grounds with their casualties being money and lots of it. Small companies can not compete. So in order to continue promoting competition we should create a new bill that will phase out the patent system.
    We need to significantly reduce the length of time patents will be valid. Perhaps this needs to be split between the various markets: technology / electronics, arts and music, industrial tech, etc. But patents should last no more than 2 or 3 generations of products, after that point they severely hinder competition if no alternative solutions can be found, such as in graphics technology, it can set competition back so far they could never catch up.
    In an area of technological growth that moves as fast as graphics technology, where performance doubles every 6 months, patents should last no more than 2 years. As the rate at which technology is developed increases the length of patents should decrease, inversely proportional, until a time comes (10 years?) that we can just phase out the patent system altogether and cooperate to promote technology and information instead of money.

    Do any of you honestly think that day will ever come? Or has capitalism poisonned the water forever?

  150. The US Constitution says ... by anewc2 · · Score: 1
    Article 1, section 8: "The Congress shall have power ... To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries; "

    Judging from this, it's not clear that Congress is even authorized to grant copyright protection to music or other fine arts.

    --
    As the mystic said to the hot dog vendor, "Make me one with everything"
  151. Windows wasn't written in Afghanistan by catseye_95051 · · Score: 1

    The point and purpsoe of the Copyright law is to promote the creation of intelelctual proeprty for the good of society at large.

    Ask yourself if yo uwant to live in a world without movies like The Matrix, books like Snow Crash, software like your web browser. (Yes, I know Mosaic was written by the government-- how many of you use Mosaic or want to go back to it?)

    All of which were created either directly or indirectly to make money. Their creators couldn't afford to do otherwise.

    Unless you want to tear down all of capitalism, taking the profit potential out of art just ensures not much art will be created.

  152. Missing the Obvious by __aakpxi9117 · · Score: 1

    Is everyone forgetting the big College Campus Napster problem? If te Napster Server was outside the US, their server would simply be blocked by American ISPs. Lets not forget that most ISPs bent over and grabbed their ankles when the FBI introduced a little thing called Carnivore. What makes the USA any different than UCLA?

  153. Proper English by idiot900 · · Score: 1
    Headline should read "What If There Were No Copyright Law?"

    The depths that Slashdot's journalism have sunk to are disgusting.

  154. The only thing worse than no copyright... by ebyrob · · Score: 1

    Would be copyright gone wild.

    If we live in a world where copyright never ends any sought after work becomes so "valuable" that only the rich and powerful can afford it. Then the creators of those works will have less control than if copyright didn't exist at all.

    They'll be busy trying to make money to become educated, and at the same time put food on the table so they won't have time to create new and amazing works.

    Why do you think Ben Franklin was so big on libraries? In his day you couldn't just go out and read what you wanted. You had to pay for each and every work. That's why he cajoled and scrimped and saved to get a little cash to buy books as an apprentice newsman.

    Powerful intellectual monopolies mean many people going without valuable knowledge that can help them in nearly every aspect of their lives.

    In an ideal world it might be that everyone would contribute a little to create what he or she is interested in/good at. But perhaps in the real world not enough material will be created without some form of compensation.

    Of course, I've never seen this particular ideal attempted. The closest I've seen is the information on the web. How easy is it to keep people from using the content in your web pages? But yet, there is great diversity and amazing creativity going on in this realm. If anything commercialization seems to have stifled the creativity, though not necessarily the volume.

    I've heard complaints about the many "leeches" in this free realm. But even 0.1% of 7 billion is a lot. And creative exposure begets creativity.

    Perhaps the "Ideal" is not so far fetched?

    As for wildness, the DMCA has me running scared.

  155. rather than no (c), no "acquisition' by cs · · Score: 1
    This is a sideline, but rather than revoking copyright (c) altogether (which is hard to sell) why not change the rules.

    Suppose (c) remains always with the author(s) and the legislation forbade distribution contracts of more than, say, 2 to 5 years and contracts preventing the author(s) from contracting with others for other works?

    This would break the effective monopolies of today without revoking author's desires for control. Likewise with patents. much of the abuses prevalent today stem from non-authors having (and keeping) control over IP.

    --
    Cameron Simpson, DoD#743 cs@cskk.id.au http://www.cskk.ezoshosting.com/cs/
  156. hummm by Rogain · · Score: 1

    What would Microsoft be able to do about ftp.freewindows.af in Kabul?"

    They'd hire taliban mujahadeen to kill them.

    --
    The current Slashdot moderation system is made by gay communists!
  157. Re:Why it Exists-it's an incentive by mpe · · Score: 2

    copywrite law exists to ensure that there's an incentive for development. It costs millions to develop an OS, or a drug, or the design for a new car. If there was no protection for these, and therefore less return on their investment, there would be millions lost, and there would be *much* less incentive to innovate.

    This goes into "Mythical Man Month" territory. Basically you cannot simply throw money at someone an expect "innovation", it's simply something people come up with on the spur of the moment.
    Where it might take lots of money is in creating a product from an inovative idea. Maybe copyright should then be tied to the terms investors consider reasonable. AFAIK none would want to tie up their money for nearly a century.

  158. Copyright vs Intellectual Property by awol · · Score: 1

    There is an important distinction to be drawn between copyright and intellectual property. The difference is certainly semantic to some extent, but the one of the problems is that the term copyright carries so much baggage nowdays that there is a real risk of doing the baby and bathwater thing.

    I agree whole heartedly that Intellectual Property is bunk. The reasons for this belief are deep and complex, I shall not go into it here. However copyright is OK insofar as copyright means authorship.

    I wonder as to the etymology of the phrase copyright. Is it the rights regarding the copying of the work in question or is it the rights in the copy? (as in advertising copy) I checked a number of online dictionaries as well as the paper Concise Oxford and it seems the consensus is that copyright means the right to copy. As such it must go. The problem I have is that a way of proving copyright is to mail oneself a copy of the item in question (thus getting it stamped by the post office) and leaving it unopened as evidence of the date when you had a version of the "item" in question. So copyright there is intrinsicly tied to authorship.

    For want of a better phrase (although strictly speaking authorship is a better phrase) copyright would do to describe the right to claim authorship of a particular work, and authorship is a good thing since under the IPless paradigm that I endorse, authorship is the key to creating reputation, and reputation is way to measure the value of a persons potential contribution and hence the compensation you would part with to garner their contribution to your "project".

    --
    "The first thing to do when you find yourself in a hole is stop digging."
    1. Re:Copyright vs Intellectual Property by catseye_95051 · · Score: 2

      The etymology is "right to copy." You can look up its history in any good text on Copyright laws.

      Catseye, amature etymologist and long time John Ciardi "Word in your ear" fan.

      P.S. I think laws that say cars are owned by their manufacturers are bunk. I don't make cars.

      See any parallels?

  159. Re:Why it Exists-it's an incentive by ChambersR · · Score: 1
    Basically you cannot simply throw money at someone an expect "innovation", it's simply something people come up with on the spur of the moment.
    The majority of innovations are not brought about by some guy sitting on his couch suddenly yelling "eureka!". And copyright law does not inhibit these, anyways.

    Innovations like a cure for cancer or aids, or a new type of metal, are brought about by millions of dollars of research, which narrow down possibilities and lead to the actual innovation. If the companies did not have rights to what they innovated/invented, then they would have no reason/incentive to spend the millions in research.

    Where it might take lots of money is in creating a product from an inovative idea.
    Yes, this takes a lot of money, but getting to the idea can also cost a lot of money.

    Maybe copyright should then be tied to the terms investors consider reasonable.
    Although this is not totally out of the question, it would probably not work. Few investors would voluntarily want their copyrights or patents to be taken away after a certain amount of time. The rules must be defined before money is invested.

    AFAIK none would want to tie up their money for nearly a century.
    What?

  160. The problem with copyright by -=[+SYRiNX+]=- · · Score: 1

    The problem with copyright is that the copyright holder can continue to hold the copyright even after they have stopped producing the copyrighted material.

    I think the copyright law should change to basically say (without any loopholes of any kind) that if a copyright holder has previously actively produced goods or services based on that copyright, but then halts production of goods or services based on that copyright for a period of over 400 days, that the copyright is lost and the idea that was copyrighted is then public domain from that point forward. The same should be true of patents.

    This would permit initial R&D time to get a product off the ground, and would permit for roughly annual releases of new versions or incarnations of products based on the same idea, but when that one company stops supplying products based on the copyrighted idea then anyone else can pick up the idea and run with it. This fosters innovation without stifling it in any way.

    --
    - "It's just a matter of opinion!" - PRIMUS
  161. Re:I think the discussion shouldn't really be abou by gimp999 · · Score: 1

    If say we had a maximum of 5 years to copyright profits from sale could still be made (aplenty methinks). Giving copanies, authors whoever, time enough to come up with something new.

    I think the most effective thing might be to limit the lifetimes of copyrights that are sold. IOW, if an artist never sells his copyright, it lasts until he dies. If someone buys it, it winds up in the public domain after X years; no renewals (yeah, like that would ever happen, *sigh*)

    The only problem I have with this is that once its in the public domain, does an artist really want to see GM, MS, NBC, political parties, etc. using it in ads/propaganda (since they presumably don't need permission)? They already do this with Van Gogh, Mozart, etc. It kinda makes me sick, personally.

  162. A stupid phrase by gimp999 · · Score: 1

    SHOULD be: "People want free information". That IS natural; people always want something for free. That's why we needed to make laws to discourage stealing.

  163. != copyright by gimp999 · · Score: 1

    You guys aren't even talking about copyrights. What you're trying to discuss sounds like some kind of artistic patent or trademark. That ain't what this article is about.

  164. So, the GPL is naive? by devphil · · Score: 2


    It reminds me of some kid trying to use rules designed to govern/suppress him or her against the authority figures who created them in the first place.

    Isn't that the essence of the GPL? Using copyright law to defeat a part of copyright law which we/they/FSF/GNU/RMS doesn't like?

    Then you write...

    I'm sorry, but the rules are written for the benefit of those who create them and will be revised when they are found lacking in this regard.

    I agree completely. Wonder what that means for the GPL...

    --
    You cannot apply a technological solution to a sociological problem. (Edwards' Law)
    1. Re:So, the GPL is naive? by leereyno · · Score: 2

      The GPL was created so that works could be placed under it by its authors. It does nothing to defeat copyright law in any way. It makes use of copyright law, but not in any guerilla sense and not to circumvent copyright law. The copyright laws were created to protect intellectual property rights, which is exactly what the GPL does as well.

      Lee Reynolds

      --
      Muslim community leaders warn of backlash from tomorrow morning's terrorist attack.
  165. Bunk! Bunk? by alacrityfitzhugh · · Score: 1

    What a cleverly constructed argument. "Intellectual propert is bunk therefore Copyright is OK." What a marvelous argument and conclusion. It is so easy to follow this brilliant line of reasoning.

    Bunk!

  166. But your sharing might be fair use by alacrityfitzhugh · · Score: 1

    If you really are sharing with immediate freinds and family then this is clearly allowed by law. Explicitly. However, 'sharing' with millions of strangers is considered to violate the law.

    1. Re:But your sharing might be fair use by SIGFPE · · Score: 1
      However, 'sharing' with millions of strangers is considered to violate the law.
      And who is the State that they should be able to determine how many friends I am allowed to share with? Why anyone votes for governments that interfere with people's lives like this is beyond me.
      --
      --
      -- SIGFPE
  167. ideut by ideut · · Score: 1
    ideut won ideut

    ideut win ideut
    ideut wen ideut

    --

    --

  168. Re:About Cuba, final(?) rant by guran · · Score: 1
    OK we are splitting hairs here, but I'm bored, so I'll go on ;-)

    I agree that no "rights" are being trampled, in the same sense that no rights are being trampled by the mobster who asks a witness how his nice kids are doing.

    The rights that are of interest here are the rights of the peole in Cuba to choose their way regardless of what their big neighbor thinks.
    Some decades ago they threw one dictator out. Now unfortunately they got another one instead.

    * This is none of the US business! *

    If it was a democratic government overthrown by a dictator, there would at least be a moral ground to stand on, but it would still be a domestic Cuban affair.

    The US has no more rights deciding who governs a country in latin america, than the USSR had, deciding who ran Poland or Hungary.

    --

    All opinions are my own - until criticized

  169. So you are in the "smoke dope for Agfanistan" camp by RedLaggedTeut · · Score: 1

    I didn't mean they smoked it themselves, I just pointed out that smoking dope in the west is eventually financed by exporting weapons.

    --
    I'm still trying to figure out what people mean by 'social skills' here.