The Copyright Fuss Revisited
mpawlo writes "I was going to clean up my apartement, but instead I wrote a piece for Greplaw introducing a framework for the debate on how we should obtain a balance between users and authors where the author has good incentives to innovate, but where society at large is not too restricted due to the author's previous
innovations. I am afraid that I personally have few practical solutions to introduce, but you might find my text useful as a quick introduction to what the copyright fuss is all about and why you should care."
While the article has lots of good information, I did not come away with an understanding of the author's "framework."
Perhaps a diagram, or an outline summary would help.
Well, hey, I didn't spend all those years playing Dungeons and Dragons and not learn a little something about courage.
Anyway - I believe this model makes open source the good solution for cases in which it has previously been thought not to be suitable. Such as cases where companies need to invest huge amounts of money just to get the "seed done" - I believe that the ransom model really for example enables co-operation between research companies to produce something that requires huge resources and capital - and get paid for doing it - and still eventually have the solution released under open source - developing it even further.
I don't think you can reform copyright law while treating copyright for different types of things differently. I don't, genuinely, believe that authorship of a computer program should be essentially different from authorship of a book. With all the protections that entails.
Which is not to say that copyright law in itself isn't screwed up. But the whole MS problem isn't a copyright issue, it's a monopoly issue. And the music industry will eventually either die or adjst with the times.
The real problems with copyright lie with things like the insanely long copyright period and the narrowness of 'fair use' rights for *everything*, not just music. There are middle schoolers out there getting lawsuit threats over fan art galleries. Disney's never going to have to come up with anything new, because they'll just keep getting extensions for Mickey Mouse. These are big problems, and things that seem to not be well addressed by the article.
In Finland, taxi drivers are now ordered to pay royalties if they play music, even if it is on the radio, if they have passengers in the car.
two churchs were also sued on copyright infringement for singing Chistmas hymns....
the story is here.
I would have posted this as a story, but seeing as how my approval rate is 1:50 its not worth the time or effort anymore
Thanks to file sharing, I purchase more CDs
Thanks to the RIAA, I buy them used...
It is interesting to me that drug companies are allowed patents that run out relatively soon (15 or 20 years, I think) compared to copyrights, and they have to put in tons of money and research to create their products, but we'll give anyone who can throw together a few words and make a poem, song, or book, or who can draw or animate a mouse (Mickey), a 75 year copyright, and Congress the option to extend that indefinitely, when they certainly didn't have to spend billions to develop a lifesaving or life-extending product.
Things are definitely screwed up around here. But make no mistake, I am not defending the big druggies either, just pointing out the oddity.
We agree that an invention benefits the society most when it is in the public domain -- anyone can use and benefit from it. However, we agree that in order for individuals in a capitalist society to have incentive to invent, they must be able to capitalize on their invention. Hence the "limited times" in the constitution for an inventor to profit from his mind.
For the greatest benefit of the society at large, we want the "limited times" to grant just enough incentive to the inventors to invent at high rates (my idea would be to have the copyright term be a function of the average amount of time taken to invent something). One can assume rather assuredly that the length of a copyright should most certainly not be as long as a generation, otherwise entire generations would never know the free access to the idea.
As is, the terms are something like life+50 years. Life plus 50 years?? look at it like this: people who were born after Mickey Mouse was copyrighted and have died since then (there's a lot of them, 1920's-) never benefitted from any of Disney's creations in the public domain. Does this benefit society as a whole, or the corporate monopolies who own the copyright?