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Forbes on Lessig and Eldred

scubacuda writes "In the Forbes editorial, Fact and Comment , Steve Forbes voices his support for Lessig and the Eldred case: 'Maybe Congress should just be done with it and declare that a copyright is forever....Stanford Law School professor Lawrence Lessig has proposed a sensible compromise..."[I]f Congress is listening to the frustration that the court's decision has created, [paying to maintain copyright extensions] would be a simple and effective way for the First Branch to respond." He's absolutely right.'"

200 comments

  1. Congress CAN'T declare it's forever by Anonymous Coward · · Score: 3, Informative

    In fact, Lessig was trying to argue the fact that since they keep extending it, it basically it is forever. The reason they can not do this is the Constitution specifically says a "limited time." Forever is not a "limited time" by anyone's definition.

    1. Re:Congress CAN'T declare it's forever by KDan · · Score: 1, Informative

      Go check the definition of "sarcasm". Honestly, do it. It will do you some good.

      Daniel

      --
      Carpe Diem
    2. Re:Congress CAN'T declare it's forever by Anonymous Coward · · Score: 0

      1 : a sharp and often satirical or ironic utterance designed to cut or give pain
      2 a : a mode of satirical wit depending for its effect on bitter, caustic, and often ironic language that is usually directed against an individual b : the use or language of sarcasm

      Alright, what about it?

    3. Re:Congress CAN'T declare it's forever by Anonymous Coward · · Score: 3, Insightful

      Actually, noone is going to declare it forever because that would cut the revenue stream for the politicians as steady donations from the corporates are given everytime the copyright is exten-dead.

    4. Re:Congress CAN'T declare it's forever by Anonymous Coward · · Score: 2, Funny

      How about "until hell freezes over"? :)

    5. Re:Congress CAN'T declare it's forever by dbrutus · · Score: 2, Insightful

      The Supreme Court also declared that Congress can't just keep extending things in perpetuity by a series of legislation and that a future Court on observing this would have the right to step in. They just said that we haven't got there yet.

      Forever is not a word that has to be used in the legislation for it to run afoul of the 'limited times' clause.

    6. Re:Congress CAN'T declare it's forever by sconeu · · Score: 2, Funny

      How about "until hell freezes over"? :)

      It already has.

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    7. Re:Congress CAN'T declare it's forever by Doomdark · · Score: 2, Insightful

      Well, that's only every 20 years or so, so as far as conspiracy theories go this isn't all that good. Or perhaps it was meant to be a joke?

      --
      I like paying taxes. With them I buy civilization -- Oliver Wendell Holmes
    8. Re:Congress CAN'T declare it's forever by program21 · · Score: 1

      Unfortunately, forever minus a day isn't forever, which was basically the government's argument in the case.

      --
      This has been a test. Had this been a real emergency, we would have fled in terror and you would not have been informed.
  2. Sweet! by KDan · · Score: 2, Informative

    Let's hope they actually listen to that. That proposal, to have copyrights expire unless some token amount is paid in (ie someone clearly takes an interest) would put enormous amounts of material into the public domain. It would be brilliant!

    Daniel

    --
    Carpe Diem
    1. Re:Sweet! by evil_mojo_jojo · · Score: 5, Insightful

      Yes, but doesn't this spawn yet another "industry" of professional copyright maintainers? Sort of like domain name squatters?

    2. Re:Sweet! by djradon · · Score: 3, Interesting

      Seems inherently unfair to me. Unless you are rich, you lose the rights to your work?

    3. Re:Sweet! by Goldsmith · · Score: 4, Insightful

      If your work can't bring in enough money to support itself, it might as well be in the public domain, right?

    4. Re:Sweet! by Tony-A · · Score: 4, Insightful

      Yep, and you tax the hell out of it.
      There is a fundamental difference between cheap land that you develop and make productive and cheap land that is just left sitting there.
      There is a sort of poetic justice if a book that is out of print is also out of copyright.

    5. Re:Sweet! by rusty0101 · · Score: 4, Insightful

      Depends upon the cost of maintaining the copyright.

      As a suggestion, an original copyright will last no more than 10 years. If the original copyright holder feels a need to renew the copyright, he must do so before the end of the 10th year. He may renew for no more than 5 years at a time, with renewals happening within the last year.

      The cost of the original copyright is the production of the work. The cost of renewals is 10 cents per megabyte of text, image or minute of music, and 1 dollar per minute of motion picture.

      Works may be retained in a corporate copyright contract, however corporations are going to be interested in reducing their costs over time, so one of three things will happen. The corporation will recognize that the copyright is still earning them money, and renew the copyright, they will see no return on the copyright and will let it lapse, the company will go bust and the copyricht will lapse.

      Personally I do not believe that a copyright should be handed down to heirs. The work will remain under the copyright that the creator maintaines, and the family or other heirs may benifit from that copyright, however they may not renew the copyright.

      Any work for which the copyright has lapsed may not be put back into copyright.

      That's just my opinion.

      -Rusty

      --
      You never know...
    6. Re:Sweet! by Remik · · Score: 5, Informative

      It is brilliant, and unfortunatly it's also 'illegal' under the terms of the Berne Convention, of which the U.S. is a signatory.

      As part of the treaty, a persons right of copyright may not be put in jeopardy even by small formalities. It is one of the problems that arise from the European conception that an artist has a 'moral right' to the work they've produced.

      -R

    7. Re:Sweet! by Master+Bait · · Score: 2, Insightful

      Right. And since this plan doesn't put any cash in any Congress Critter's campaign fund coffers, there's no motivation for Congress to make it law.

      --
      "Only in their dreams can men truly be free 'twas always thus, and always thus will be."
      --Tom Schulman
    8. Re:Sweet! by divide+overflow · · Score: 4, Insightful

      Seems inherently unfair to me. Unless you are rich, you lose the rights to your work?

      It wasn't particularly fair to YOU when congress increased the copyright protection period. And your comment is particularly ironic, because it is precisely because large corporations (like Disney) ARE rich that you lost YOUR rights...your right to have the material become part of the public domain after a reasonable time to allow the copyright holder to benefit from his work. Isn't THAT unfair?

    9. Re:Sweet! by Yokaze · · Score: 3, Insightful
      Not necessarily. Please let me emphasise your words:

      As part of the treaty, a persons right of copyright may not be put in jeopardy even by small formalities. It is one of the problems that arise from the European conception that an artist has a 'moral right' to the work they've produced.

      In other words, the artists copyright may not put in jeopardy, but when he passes his rights to a second party (e.g. Disney, Time-Warner, Sony, whatever), he already has willfully relinquished some of his rights in favour of said second party.

      No one says, that the new owners rights to a piece of work have to be of the same quality as the original author had.
      --
      "Between strong and weak, between rich and poor [...], it is freedom which oppresses and the law which sets free"
    10. Re:Sweet! by zenyu · · Score: 1

      Right. And since this plan doesn't put any cash in any Congress Critter's campaign fund coffers, there's no motivation for Congress to make it law.

      How about extending the compromise a little further then. In order to get your copyright renewed you must get a representitive to champion your work. And with a limit of one work per year per congress woman you effectively will get market adjusted rates for copyright renewal. The "fee" would no longer be cash, but influence. You can buy influence with bribes, but you can also get it by thoughtful arguement. plus if the renewal term is 2 years, you are limited to less than 900 perpetual copyright rackets.

    11. Re:Sweet! by Remik · · Score: 1

      Unfortunately (imo), the law in the US now treats copyrights owned by corporations essentially the same as those held by people...except for some minor differences in term (due to the fact that a term that would end in relation to a company's 'death' doesn't promote harmonious lengths of term).

      IANAL, but to the best of my knowledge the entirety of the artists rights transfer to the corporation under the current system. You are right that this is not necessary, but that doesn't change it if it is so. That would be something to take up with your representative in congress (or the E.U.).

      I think that there are ways to work Lessig's plan such that the Berne Convention is not violated, but it will be difficult. I think it would be much more worthwhile for us to remove ourselves from it, but obviously, people of like mind are the minority.

      In any event, the treaty is a potential stumbling block for this plan, and I was hoping to bring that to attention.

      -R

    12. Re:Sweet! by lfourrier · · Score: 1

      no, it is on of the problem that arise from the fact that the only representatives who created the Berne convention where members of (or influenced by) the publishing industry, and not of the public.
      If the public have been represented, extention would not have occured.

    13. Re:Sweet! by Remik · · Score: 1

      How does the publishing industry benefit from the fact that an artist must automatically, without formality be given a 'moral' right to copyright upon the instant of creation?

      If anything, I would think they would benefit from a requirement to register your work before the right was enforced, because then fewer people would bother to exercise the right over their work, and they could simply take it rather than paying, albeit miniscule amounts, for it.

      I don't quite see the progression of you point...

      Keeping on the same theme, how does an artist maintaining the right of first sale, as is the practice in the E.U., in any derive from a goal of the publishing houses?

      -R

    14. Re:Sweet! by rossz · · Score: 3, Informative
      So what? The Berne Convention may well be contrary to the Constitution, and according to the Supreme Court ...
      Reid v. Covert, 354 U.S. 1 (1957). The Court ruled: ...no agreement with a foreign nation can confer on Congress or any other branch of the Government power which is free from the restraints of the Constitution.
      And in case you didn't know, the Constitution is not a small formality.
      --
      -- Will program for bandwidth
    15. Re:Sweet! by lfourrier · · Score: 1

      the moral right of the crator is about the only right left to the creator once he has a contract with a publisher.

      What I said about Berne convention is: when I was young, it was death +25 , a few year later, death + 50, now death + 75 (and I'm not 50).
      All aspect being the same about the creator, I don't know who benefit except the publishing industry.
      The moral right of the creator is a little remnant of the fact that protection derive from creation, and so creator must have some compensation.
      What is the moral right? essentially three things:
      *no one except the creator can claim being the creator.
      *the creator can oppose usages of the work he consider does not repect the integrity of the work. ( this permit to have some films on tv without any advertising). Ok, this one is perhaps not good for the publishing industry.
      *the creator can retract one of his works , provided he pay the current owner of the (non moral) rights. Very costly to exerce.

      You seem to display a bias toward the old US system, where someone has to pay in order to have protection (sound like mafia ;). I live in the european one, and I'm fully in favor of automaticaly giving right to the creator. I'm completely against copyright extensions which are, if decided in Berne, decided not for the best interest of the public, but for the interest of the publishing industry. I don't speak about the creator, because in all cases(25,50,75 years), it is something that happen long after his death.

    16. Re:Sweet! by SN74S181 · · Score: 1

      No.

      Wrong.

      My work might be copyrighted because I want control over it's distribution. I might want to give away, free, 100 copies to people I expressly want to have copies of the work, with the confidence that those are the only 100 copies out in the world.

      If you're going to turn this into a money thing, you're no better than the Disney people.

    17. Re:Sweet! by djradon · · Score: 2, Insightful


      No, these are two separate issues. Having to pay, even $0.10/MB, to protect my legitimate copyright is totally unfair. I guess I adhere to the "European conception that an artist has a 'moral right' to the work they've produced." (see parent).



      I'm actually not in favor of Disney's "perpetual copyright through lobbying." I feel 76 years is a reasonable length for creative works. But that has nothing to do with the core issue.



      Imagine this: at one of the "renewal periods" for my photo library (which is already > 2GB, that's ~$200) I'm totally broke. Is it fair to lose my copyright?



      Moreover, that amount of money isn't going to matter to Disney, and with no good reason not to renew, big corporations will just renew all their intellectual property in perpetuity. This whole idea perpetuates the concentration of intellectual property in megacorporations.

    18. Re:Sweet! by Anonymous Coward · · Score: 0

      Yeah, because we in the US really give a shit about treaties and what the rest of the world has to say....

      Greg

    19. Re:Sweet! by Anonymous Coward · · Score: 0

      Lets see what happens 100 years or so from now when the whole GNU project falls into the public domain...

    20. Re:Sweet! by packeteer · · Score: 1

      The point of a copyrighted material going into the public domain after a little while is a very good idea. A company or other copyright holder only needs to have control for a little while to make enough money for it to be worth the cost and time they put into making it. Copyrights were never meant to make people rich, they were put in place in order to encourage people to invent and discover new things. Somehow we have shifted from trying to encourage new ideas to trying to encourage money making. I dont know hwo this happened but it is sad because when a copyright makes money and goes into the public domain soon after everyone is happy, nobody is filthy rich but they are happy.

      --
      unzip; strip; touch; finger; mount; fsck; more; yes; unmount; sleep
    21. Re:Sweet! by Goldsmith · · Score: 1

      Sorry, the defined purpose of the patent office is to make discoveries available to the public and spread knowledge (it's obviously not doing that now).

      If you want to hoard your work, go ahead, don't copyright it then.

      If you copyright something, not only does it mean you want to protect it, but you want other people to know about it. I would argue that you would be worse than the Disney people. By using a copyright to deny anyone from seeing your work you would be depriving the public of the work all together; at least you can buy it from Disney. It's that kind of elitist attitude that Franklin sought to discourage by creating the patent office.

      If you want to limit yourself like that, there's no need to patent. Why put your work out in a publicly available patent?

    22. Re:Sweet! by IWannaBeAnAC · · Score: 1

      What is the conceptual basis of copyright, if it is not a 'moral right' of the artist?

    23. Re:Sweet! by Remik · · Score: 1

      Article 1, Section 8 of the U.S. Constitution says that Congress has the 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".

      The basis for copyright is inherently, in the Framer's view, socialist. We give a limited term monopoly in order to drive the creators to creativity, and for our right to use the creation, when the monopoly expires.

      In our Constitution there is no moralistic or higher value to creation beyond it's benefit to society. Somewhat strange, on the surface, that a capitalist system is founded on such a socialist tenet.

      -R

    24. Re:Sweet! by NeMon'ess · · Score: 2, Insightful

      When you die +50, 75, xxx years later, your work will be public domain, and everyone can enjoy your work from the original 100 free copies whether you want that or not. It would be a very unusual situation where after 20 years you would still insist on giving away your work for free to a select number of people, and yet still care that the rest of the world not see your work. Lessig's idea still doesn't satisfy me because Disney can pay to keep Mickey indefinitely. I don't particularly care for Mickey, but public domain or new, original Bugs Bunny cartoons would be great.

    25. Re:Sweet! by myster0n · · Score: 1

      I think you got your copyrights and patents (and maybe a dash of trade-secrets) mixed up. But then again : maybe that's your trademark.

      --
      Nobody believes the official spokesman, but everybody trusts an unidentified source. -- Ron Nesen
    26. Re:Sweet! by puppet10 · · Score: 3, Interesting

      And what kind of protection do you think you currently get for free?

      If you do register and pay a small filing fee you get some additional protection, because it becomes potentially more expensive to violate your copyright. However for 'free' copyright upon creation any violation is much less expensive for the violator which must simply stop using your copyrighted material and are only liable for actual damages (ie your attorney fees are yours and you only can possibly win the infringers profits and your losses if any).

      Additionally finding infringement of your copyright can be a difficult proposition unless it's being flagrantly violated in a widely read publication.

      So although the small filing fee (not free) provides you with more protection (statutory damages and attorneys fees) there is still the cost of filing and the preparation costs of registering the copyright. Additionally any money you invest in hunting down violators of your copyright. Actively protecting a copyright while not prohibitively expensive does involve some costs even without a small renewal fee.

      Finally the fundamental basis for copyright in the US isn't protection of the artist; it's the promotion of new works. So the pertinent question is, would the additional cost of not allowing your photo library to go to the public domain 20 years from its creation cause you not to publish it now?

      --
      -------- This space intentionally left blank --------
    27. Re:Sweet! by Doomdark · · Score: 2, Insightful
      First of all, cost of extending copyright need not be huge. I don't think only rich people can register domains, for example, as renewal cost while not negligible, is not huge.

      But more to the point... you can't really even publish your copyrighted work, unless you are rich, or have produced something others (publishing company) thinks can make them rich (companies that are very likely to be "rich" compared to most individuals). Meaning that most publishable works can certainly earn enough money to allow them to be copyrighted for as long as they remain productive. So, even a poor (at least originally poor) author/composer can get copyright extended, as long as work in question is considered good enough (as measured by people buying copies of the work).

      Plus, don't confuse copyright with authorship. Even if one doesn't hold a copyright on, say, a book, doesn't mean (s)he has lost authorship. That person just can not prevent others from reproducing (aka copying) the work in question.

      --
      I like paying taxes. With them I buy civilization -- Oliver Wendell Holmes
    28. Re:Sweet! by SN74S181 · · Score: 1

      Nope. Patents and copyrights are radically different things.

      We have this thing called Freedom. I am free to share my creative output (books, music, poetry, etc.) with whomever I want, and exclude whomever I want.

    29. Re:Sweet! by Art+Tatum · · Score: 1

      Didn't you know? The Constitution is no longer valid since we're now under International Law, Comrade Rossz...er, I mean, buddy.

    30. Re:Sweet! by Yokaze · · Score: 1

      >In any event, the treaty is a potential stumbling block for this plan, and I was hoping to bring that to attention.

      You are right, that the treaty limits the flexibility of creating a new legislation.

      But the Berne convention sets the barrier quite low and already discriminates between the creators rights and commercial exploitation rights.

      Lastly, the Berne Convention is, like any treaty, open to negotiation. It is not set in stone. When the other nations find their artists rights well protected, and are consulted on that matter, they won't complain.

      The critical part about Lessigs plan is, that those pieces aren't commercially exploited. IRC, some European countries already have deviating laws for books. In those countries, a book has to be published a minimal amount in a certain time, otherwise the publishing rights are forfeited. I don't know about the U.S.

      --
      "Between strong and weak, between rich and poor [...], it is freedom which oppresses and the law which sets free"
    31. Re:Sweet! by Anonymous Coward · · Score: 0

      I am free to share my creative output (books, music, poetry, etc.) with whomever I want, and exclude whomever I want.

      Actually you are not.
      You can write a song, and keep it a secret, but if you ever sell or give away recording to the 'public' you no longer have the right to prevent others from recording the same song or making a MIDI file of the song and selling it as well. link A royality is required, but the value is capped by law.
      You don't have the right to prevent someone creating braile copies of a book, for example. And they don't have to pay any royalites either. Copyright is a limited power, and for a good reason--it's a LIMIT on freedom, not an enhancement to it.

      Epmos (posting as an AC b/c this is an old article and I don't want to bother to login)

  3. Of course he's right by DragonMagic · · Score: 3, Insightful

    Of course he's right. It seems that the new era, money for lobbying gets you just the right laws if you can pull some wool over the right eyes. Piggyback it onto another bill, say it's to fight a certain crime, or just be one of the top supporters to the right Congressman and you got your bill on its way.

    The only one the long copyrights really benefit are the large corporations. So why not just leave it that these corporations, who are making money off someone else's creative effort, have to pay to keep making money off this long after the creator's death? Makes sense, and it won't put items that need to be in the public domain because no one knows who rightfully owns the rights to it, into an unnecessary protection.

    --

    Human nature is the same everywhere; the modes only are different. -- Earl of Chesterfield
  4. where does the money go? by gripdamage · · Score: 2, Insightful

    The money should go towards enriching the public domain. The priveledge of extending copyright is at the public domain's expense, so that is the only thing that makes sense. I fear the money would just become part of the US military budget the way things are going.

  5. Poor Congress' Conundrum by philovivero · · Score: 3, Insightful

    Congress is really between a rock and a hard place. On the one hand, the Constitution of our United States says copyright can't be forever. On the other hand, Disney is giving many members lots of cash and nubile young fluffers to make their jobs less dreary.

    They have an obligation to pass laws for their paying constituents, but the highest law of the land (Constitution) says they can't do it.

    So they have to play this game whereby they pretend they're doing something good for the people of the United States when in fact they're loser lawmakers taking bribes.

    On top of all that, they have to maintain a thin sense of professionality so people won't just vote someone else in the next election.

    You gotta really feel sorry for those guys. What a tough job. I could never be a bottom-feeding liar for a living, personally.

    1. Re:Poor Congress' Conundrum by Elbereth · · Score: 3, Interesting

      Well, this of it this way.

      Information wants to be free, right? Allinformation, that is, except for personally identifiable information and your personal information. That information doesn't want to be free. It wants to be secret. So, some information wants to be free, but not all of it. Also, not all source code wants to be free. It wants to be free on its own terms, or free to some people and not to others. Also, some source code wants to redefine the word 'free' to mean something else. And then there's the information that just plain can't be free, because people's lives depend on it being secret(police informants, undercover cops, locations of safe houses, military secrets, and so on).

      Now, try to do anything while you've got this being screamed into your ear. Of course, your other ear is getting the same treatment, but from a different point of view ("Why do I have to release everything I write into the public domain? Fuck that! I want copyrights!"). And then there's the long, long line of other people, waiting to scream their political views into your ears.

      No, I wouldn't really like doing this, either. No matter what you do, someone is going to demonize you. Support abortion? You're a baby killer. Don't support abortion? You're misogynistic. Support the death penalty? You're contributing to human rights abuses in America. Don't support the death penalty? You're soft on crime.

      I hate politicians, too, but making politics out to be some sort of game where you just wait for all the cash and babes to come rolling in is kind of silly. Be a DJ or pro sports athlete if you want that. It'd be a lot easier than constantly dealing with zealots screaming that you're sending the country into a downward spiral every time you make a decision.

      Our politicians have become ineffective and wishy-washy because we scream at them and demonize them so much. Maybe if we all backed off a little bit, they wouldn't be scared to death of making decisions.

      My cynical side says that nothing could ever make a politician honest, but my optimistic side is ever hopeful that we'll someday have a crooked policitian who has the will to stick to his guns on an issue.

    2. Re:Poor Congress' Conundrum by Elbereth · · Score: 0, Offtopic

      Aw, damn... that should have been "think of it this way".

      I don't understand why Slashdot doesn't allow you to edit posts. Stupid Slashdot. And now I have to sit here for two minutes before I can post again. Well, maybe I'll tell you a story.

      Once upon a time, there was a very evil girlfriend. How evil was she? She spread lies about the poor computer geek in her Live Journal. The poor computer stumbled upon this journal one day, and he was very hurt. "Why," he cried, "would you say these things about me?" The evil girlfriend replied, "Well, from a certain perspective, they are true." The poor geek was not amused by this Jedi bullshit, so he told off the evil girlfriend and swore off dating for a full year. After a year of no sex, he began to doubt that his resolution was really all that wise. Fortunately, he discovered an extremely horny girl who had many perverted fantasies. And he lived happily ever after, getting much kinky sex.

    3. Re:Poor Congress' Conundrum by Anonymous Coward · · Score: 0

      Well said.

    4. Re:Poor Congress' Conundrum by Hektor_Troy · · Score: 1
      They have an obligation to pass laws for their paying constituents
      Really? And just what is the difference between bribing someone and being a "paying constituent"?
      --
      We do not live in the 21st century. We live in the 20 second century.
    5. Re:Poor Congress' Conundrum by spitzak · · Score: 4, Insightful

      I don't think you quite got the point beind the line "information wants to be free". The joke is *all* information "wants to be free", even top-secret or personal information. That's why you have to work at keeping it secret. It's kind of like a law of thermodynamics, information spreads and is "free" unless you stop it. Just because we build refrigerators does not mean the laws of thermodynamics are false.

    6. Re:Poor Congress' Conundrum by SN74S181 · · Score: 1

      No.

      'Want' implies a will, it implies that information is willful.

      Information isn't willful, it doesn't 'want' anything.

      So it was just another clever but irrelveant bromide spread by the tards who dot.bombed awhile back.

      Deal with it.

    7. Re:Poor Congress' Conundrum by Natalie's+Hot+Grits · · Score: 1

      What is it exactly that makes information NOT have free will again?

      Before you answer that, think about the question at least a little longer than you thought about your last post...

      --
      Two infinite things: your stupidity and mine. But I'm not sure about the latter. If my sig offends you, I'm sorry.
    8. Re:Poor Congress' Conundrum by Unordained · · Score: 1

      whether or not it falls within the yearly monetary limit set for politicians? people may only bribe you for -x- amount during the year, in chunks of up to -y- dollars at a time.

      and bribes imply that they come with a note saying "please do -z-" whereas constituents usually just say "do your job, we elected you to do what you said you'd do." not that they didn't decide what to say based on what would get them elected ...

    9. Re:Poor Congress' Conundrum by wfrp01 · · Score: 1

      ...my optimistic side is ever hopeful that we'll someday have a crooked policitian who has the will to stick to his guns on an issue.

      Uhhm, oh shit, a big slow softball, too easy, must resist... :P

      --

      --Lawrence Lessig for Congress!
    10. Re:Poor Congress' Conundrum by Anonymous Coward · · Score: 0

      *sigh*.

      The originator of the phrase meant it in the physical-law sense (I could look up a reference, but it I had that much time to spend on this I could go log in as well). Since then the "tards" of whom you speak have used the phrase differently -- but originally it was simply a law stated in an anthromorphic sense (as when a teacher of physics says "those molocules want to be as far away as possible, but [some counteracting force] is trying to stop them".

      Of /course/ the physics prof doesn't mean the molocules have will, or that the counteracting force is making an effort at anything -- but that does't mean he's wrong, either.

    11. Re:Poor Congress' Conundrum by spitzak · · Score: 1

      The "will" is the same "will" that is being talked about when a physics professor says "these particles want to go into the lowest-energy state". It's called *anamorpizing* an inanimate object. Show some imagination.

    12. Re:Poor Congress' Conundrum by cpt+kangarooski · · Score: 1

      So when people talk of water seeking its own level, does that mean that water has a particular desire, or that it just tends to flow to the lowest place available?

      Do you have something against anthropomorphication? Did a furry kill your parents?

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    13. Re:Poor Congress' Conundrum by ChaosDiscord · · Score: 2, Insightful
      Information wants to be free, right? All information, that is, except for personally identifiable information and your personal information.

      You seem to be confusing unrelated things. "Information wants to be free" has nothing to do with what I want or what anyone else wants. "Information wants to be free" in much the same way that than object in motion wants to stay in motion. Keeping information from being free is hard. It requires lots of laws and technical measures. In the absense of laws (like copyright) and technical measures (like DRM), there would be no limit on how information spread. Even with these laws and technical measures, supposedly controlled information spreads anyway.

      Anyone claiming that "information wants to be free" is some sort of moral imperative needs to be beaten with a clue-by-four. "Information wants to be free" is a reminder of the nature order of things, that efforts to stop information's freedom will be difficult, expensive, and ultimately cannot work 100%.

  6. Doesn't solve my problems with copyright at all by thinmac · · Score: 4, Insightful

    All a solution like this would do is protect large companies like Disney which have the money to pay for copyright extention. Frankly, Disney can also afford to compete in the public domain, and I don't think they are the people copyright really needs to protect.

    The folks I worry about with copyright are small artists who either themselves make a living off of their work, or who have living relatives who do so. These are the people that copyright needs to protect, and these are the same people who cannot afford to pay to extend that protection.

    Law, in general, should help those who cannot help themselves. In my view, large corporations have the ability to compete successfully in a free, public domain market. Unless the sums required to extend copyright are tiny (and therefore useless), the people who need protection won't be able to get it. For the most part, Forbes' solution would just maintain the status quo.

    1. Re:Doesn't solve my problems with copyright at all by Synic · · Score: 1

      no big surprise. forbes is pro big business

    2. Re:Doesn't solve my problems with copyright at all by fliplap · · Score: 1

      You have to keep in mind that your problems don't matter because you don't have the money to make them matter.

      Oh, and the folks you worry about, they don't matter either, because Disney will just steal thier ideas and sue anyone that tries to steal from them.

      Remember, copyright only exists anymore if you have the money to prove it was yours in the first place.

    3. Re:Doesn't solve my problems with copyright at all by Anonymous Coward · · Score: 1, Informative

      Unless the sums required to extend copyright are tiny (and therefore useless), For the most part, Forbes' solution would just maintain the status quo.

      This is Lawrence Lessig's idea, is it not?

      Lessig is suggesting an insignificant, almost negligible fee. How is this useless? The idea is that if the copyright is being neglected by the original, perhaps dead owner, then the copyright will go to the public domain.

    4. Re:Doesn't solve my problems with copyright at all by s20451 · · Score: 4, Insightful

      The folks I worry about with copyright are small artists who either themselves make a living off of their work, or who have living relatives who do so. These are the people that copyright needs to protect, and these are the same people who cannot afford to pay to extend that protection.

      That's exactly what Lessig' proposal intends to ensure. By charging a nominal fee to renew copyright, it allows artists to retain control over their work for as long as they are making money from it. Once it becomes unprofitable for them (or they die, and their heirs choose not to pay the fee), the work enters the public domain.

      The proposal is intended to allow otherwise unused works to enter the public domain for all to use. It does not address the problem of long-term protection of copyright where the work remains profitable, as in the case of Disney.

      --
      Toronto-area transit rider? Rate your ride.
    5. Re:Doesn't solve my problems with copyright at all by fluxrad · · Score: 1

      The folks I worry about with copyright are small artists who either themselves make a living off of their work, or who have living relatives who do so. These are the people that copyright needs to protect, and these are the same people who cannot afford to pay to extend that protection.

      Yeah, and from what I understand about the current state of copyright law, it's also pretty hard to write a check when you've been fucking dead for 70 years .

      just my .02

      --
      "It is seldom that liberty of any kind is lost all at once." -David Hume
    6. Re:Doesn't solve my problems with copyright at all by Sloppy · · Score: 2, Informative
      Please read the Eric Eldred Act FAQ.

      Small artists can afford to pay a dollar every three years. If they can't, then they have nothing to lose from the work falling into PD anyway.

      The only reason there's that dollar charge at all, is to subvert the Berne convention's terms by making it a "tax" instead of "registration."

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    7. Re:Doesn't solve my problems with copyright at all by YoungHack · · Score: 3, Insightful

      The folks I worry about with copyright are small artists who either themselves make a living off of their work, or who have living relatives who do so. These are the people that copyright needs to protect, and these are the same people who cannot afford to pay to extend that protection.

      Look, there's no innate right to make money on one idea forever. At any other job you have to keep producing, or you get fired. Why should you be able to make one successful work and expect to be paid forever?

      If you want to keep getting paid, keep producing new successful works. That's life in every endeavor other than authorship.

      Frankly, 10-20 years is plenty for copyright. Anyone who is still making money after that (i.e. they aren't out of print) is good enough to produce more new work. And in those years they have made plenty of money that they don't have to "starve". Everyone else is in jeopardy of disappearing into obscurity, and projects like Project Gutenberg should get a crack at preserving that work.

    8. Re:Doesn't solve my problems with copyright at all by dreamchaser · · Score: 1

      Law, in general, should help those who cannot help themselves.

      This is the only part of what you said that I really disagree with. Laws should apply equally to everyone.

      That said, I think that allowing people or companies to pay to extend copyrights is a bad idea.

    9. Re:Doesn't solve my problems with copyright at all by cei · · Score: 1

      I believe Lessig's intention was for the extension fee to be something like $1. It's more a gesture of having to go through the motions than someone actually making money off the extension fees.

      --
      This sig intentionally left justified.
    10. Re:Doesn't solve my problems with copyright at all by smallpaul · · Score: 1

      The folks I worry about with copyright are small artists who either themselves make a living off of their work, or who have living relatives who do so.

      If they make a living off of the work, why wouldn't they be able to pay the nominal fee required to maintain its copyright status? Its like saying that people shouldn't have to pay for driver's licenses because this prevents poor people from driving to their jobs. Well, if they are getting paid at their jobs then the driver's license is a small price to pay to keep getting that paycheck!

    11. Re:Doesn't solve my problems with copyright at all by a_n_d_e_r_s · · Score: 1

      Well then - who cashes in on the artists pay checks
      when they are dead ?

      Could not the same people also send a small
      check in when the copyright would expire ?

      --
      Just saying it like it are.
    12. Re:Doesn't solve my problems with copyright at all by eponymous+cohort · · Score: 1

      The fee would only be for extensions of the original copyright.

      The problem right now is Disney got the copyright extended of not just "Steamboat Willy", but everything else created during that time frame, despite the fact that copyright holders don't have commercial interest in most of it. This means that it cannot legally be preserved by third parties, and things may be lost forever.

      If Disney had the right to just extend the copyright on their own property, people wouldn't be up in arms over all of this.

      --

      Of all the comments I've ever posted, this is definately one of them

    13. Re:Doesn't solve my problems with copyright at all by sjames · · Score: 1

      It's not meant to be a perfect or complete solution, just a help that is attainable in the current political climate with Disney et al. spending millions on congress critters to make sure Mickey doesn't become public domain. Meanwhile 98 percent of the works from the same time period are completely unavailable. I'm fairly sure many of them would become available from Gutenberg shortly after the change was made since in many cases the copyright holder is either gone or just not interested and won't bother to file for extension.

      The idea is to make the fee small (as little as $10/year could do it) but manditory. That would easily free up abandoned works, and many works deemed no longer profitable.

      I would go further by creating an obligation to publish. Since copyright supposedly aims to make more works available, make copyright expire if a work goes out of distribution for more than a year or so.

      The real solution is to return copyright terms to sanity, but that won't happen as long as we have congress critters eating out of Disney's hand.

    14. Re:Doesn't solve my problems with copyright at all by guacamolefoo · · Score: 1

      Law, in general, should help those who cannot help themselves.

      I think you're wrong.

      Society should help those who cannot help themselves. Law should be created without the goal of "helping out" anyone.

      I understand the difficultites with this notion, but in my ideal world of disinterested benevolent legislators, this is what I would want to have.

      GF.

    15. Re:Doesn't solve my problems with copyright at all by WNight · · Score: 1

      I think the proposed solution should involve a requirement that the work remain available.

      I dislike the idea that someone could pay the nominal fee for the next 100 years and stop publishing the work, wanting it to rot away rather than be available for free.

      And, I'd have a requirement that the payments need to be made on a year by year basis, not up front. Otherwise Disney (and such) would simply pay for a thousand years of $1 extensions every time they publish anything.

    16. Re:Doesn't solve my problems with copyright at all by Sloppy · · Score: 1

      D'oh, I must have mis-clipped. Correct link to FAQ here. Sorry.

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  7. Oh, Great. by Euphonious+Coward · · Score: 2, Insightful
    There's nothing like having another whacko on your side. First Phillis Schlafly, now this?

    If we end up with this deal with the devil, at least we should try to have the monopoly-maintenance fee double on each round.

    1. Re:Oh, Great. by Anonymous Coward · · Score: 0

      Token dumbass post ...It's a slashdot tradition.

    2. Re:Oh, Great. by the+gnat · · Score: 1
      Ah, yes, good ol' Steve has some particularly nauseating ideas about postwar Iraq. Apparently nobody actually read the linked column in its entirety:

      After recommending Newt Gingrich for temporary governor-general of Iraq while it's being rebuilt, he continues:
      Why not bring back to Iraq the Hashemite Monarchy that was murderously ousted in 1958? The Hashemites ruled Iraq well, just as they have Jordan. They could provide the glue to hold together what will be a three-part confederation made up of Kurds, Shiites and Sunnis. Also, such a unifying monarchy might ease Turkey's concerns over an independent Kurdish state.

      Jesus, the guy's a fucking moron. How can anyone take the rest of what he says seriously? (I'm slightly leaning towards favoring war, but installing a monarchy is an awful idea.) And by the way, leaving the Kurds to fend for themselves under yet another Sunni Arab ruler is both a double-cross and a real great way to make another entire ethnic group hate our guts.
    3. Re:Oh, Great. by Blain · · Score: 1

      Steve Forbes as wacko? Sure. Good idea. Take one of the the loudest voice in the media supporting your point of view and call him a name. That's the way to get some action around here -- stick with the people you're comfortable with and agree with on everything.

      All four of them.

      That's the way to change things in any kind of democracy -- make for a majority of four.

      There's no reason to think that the Eldred Act is going to be a partisan bill -- making it so, and alienating the majority party in both houses would be rather stupid. You're already facing the opposition of the Senate Committee chair, who's very much opposed to the idea, so why pile on enemies to your bill just because you don't like them?

      Do you want to accomplish something, or do you want to feel good about every detail of it?

      Better idea -- take your friends where you can find them, and let them work for your side whenever you can. I've never found anybody I disliked enough that I would refuse to have them support my candidate or bill. And the folks in this fight just don't have the political clout to be rejecting any friendly offers from people with the money, following and audience of Steve Forbes.

      Not if you want to see this happen.

  8. already doing that by matt4077 · · Score: 4, Funny

    "[paying to maintain copyright extensions]"

    it's already done. They call it 'lobbying'.

  9. dystopia by twitter · · Score: 3, Insightful
    [paying to maintain copyright extensions] would be a simple and effective way for the First Branch to respond

    Too bad it's not a good way to respond. Consolidated publishing will simply pass the cost of renewal to the reading public. Too large a body of information is owned by too few people for too long a time frame. They have the power, thanks to the DMCA, and now the technology to put us on the road to Tycho.

    The only real solution is the original one, reasonably time limited protection of publication 14 to 28 years. The costs of publishing have only decreased since that original deal was made and so the incentives should have decreased since. How absolutly absurd it is that Einstine's orginal papers are still protected by copyright! What use are 100 year old technical publications beside historical research?

    --

    Friends don't help friends install M$ junk.

    1. Re:dystopia by indaba · · Score: 1

      well said , I'm sorry I've not got mod access today

  10. The proposed payment for extension is good, but... by nsayer · · Score: 4, Interesting
    Just some tweaks I'd make:
    1. Reduce the basic copyright term to 20 years.
    2. Set the fee to $ k * (2^n - 1) for each desired extension term (n = 0 is the first term, which would be $0). The longer you want to lock up a work, the more it costs you (at an exponential rate). The value of k should be adjusted for inflation.
    3. If a copyright expires and the current rightholder does not wish to extend, then allow the copyright to be auctioned with the minimum bid starting at the renewal price. If no one meets the minimum bid, the work irrevocably enters the public domain.
    4. The money raised should be paid into a fund for public libraries.

  11. how about... by jarnies · · Score: 4, Insightful

    ...disallowing corporations from holding copyrights of anything. reserve copyright for individuals only. that would protect the small time artist, enrich public domain, and do many other things i cant think of right now. it is four in the morning.

    --
    philanthropists need to realize there is a need for philanthropy in the first place
    1. Re:how about... by PHP+$tud · · Score: 2, Informative
      [quote] ...disallowing corporations from holding copyrights of anything. reserve copyright for individuals only. that would protect the small time artist
      [/quote]


      The problem is that a "corporation" is not necessarily a faceless evil entity. Often *individual artists* make a personal choice to license their works to a "corporation" of some form, or make some other more complicated arrangement (artists' deals with record companies are often very complicated). Also, an "individual artist" make actually choose to be a "corporation" for tax or business reasons.


      So you see it's not quite that simple...

    2. Re:how about... by TastesLikeChicken · · Score: 1

      I disagree. It is that simple. If the creator ownes his/her copyright then they can choose to license it soley to a corperation. It means (typically limited liability) corperations don't have the same rights as real people.
      I'm really sick of seeing people defend corperations as the new monarchy, as if corperate capitalism is the only kind that's ever existed. Corperations are supposed to exist for the PUBLIC good. If they're not doing PUBLIC good they are legal fictions, that real people, in a democracy can make disapear (poof, Company X, your corperate charter is gone, revoked, you no longer exist, sorry you weren't operating responsibly).

      --
      Until our children are no longer molded into castrated sheep democracy remains a fake and a danger. -A. S. Neill
    3. Re:how about... by Anonymous Coward · · Score: 0

      Yes, but congress doesn't give a shit about the small time artist or the public domain. They're not going to do anything that goes against the interests of their paymasters.

    4. Re:how about... by Anonymous Coward · · Score: 1, Insightful

      Often *individual artists* make a personal choice to license their works to a "corporation" of some form, or make some other more complicated arrangement (artists' deals with record companies are often very complicated).

      If anything that's a point in favor of making copyrights only able to be owned by individuals. The collusive monopolists in audio (RIAA) make it standard practice that you can only sign with them if you give up ownership of your works. Although many parts of their standard practice is offensive, that is the most offensive part of the whole shebang. Your choice as a musician is to either remain relatively unknown (I love much indie music but many see it as failure) or to give up your rights. Because all the majors and all their subsidiaries force it on their artists (except the biggest of the big name artists can sometimes negotitate around it), there is no market force that will ever change it, unless a non-RIAA recording company were to become funded by a billionaire (Paul allen would be my first guess). Until then, the only thing that can possibly give artists their rights back is law, and changing copyright law to apply only to individuals is one solution.

      Also, an "individual artist" make actually choose to be a "corporation" for tax or business reasons.

      Yes, they can and do, but that doesn't mean that they would put the ownership of copyright under the corporation's title instead of their own. The only reasons to do that are for ease of contract if the the artist is in fact a group of people or perhaps if they're expecting to be sued for the work (most likely for copyright infringement). Still, there the names can be given individually and the payments can still be separated as per under the corporate agreement so it's really only a slight technical matter, not a reason against copyright ownership only being applicable to individuals.

    5. Re:how about... by ktakki · · Score: 1

      I think your idea is short-sighted. First of all, there are works that can only be produced by a collaborative effort, movies and television shows for example. Prohibiting a corporate entity from holding the rights to their product would simply make them seek an alternative, a loop hole, such as assigning copyright to the producers or a studio attorney.

      Second, this would penalize artists who make a living by selling the rights to their work to another party, such as authors who sell their books and articles to publishers, or professional songwriters who compose for non-writing singers. By not being allowed to sell their works, the value of their efforts would drop, even if they were able to license these works. Assigning a copyright is the equivalent of a permanent and exclusive license to reproduce a work.

      Finally, and though you did not make this point, I fail to see the harm an extension of copyright (for everyone, not just Disney) does to the consumer. If a work has value, even an eighty-year-old cartoon like Steamboat Willie, people with buy it. If it doesn't, they won't. Just because something becomes public domain and becomes cheaper or free to own and enjoy, doesn't mean that people will prefer this over protected works. The commonly trotted out counter-example, that of out-of-print books or "abandonware" games and software, is a failure of the marketplace, not of copyright. If demand had been high enough, those books would never have gone out of print, and those games would still be distrubuted, even on an as-is no-tech-support basis, on shovelware CDs. Copyright is not the issue in these cases; it's simple supply-and-demand economics.

      k.

      --
      "In spite of everything, I still believe that people are really good at heart." - Anne Frank
    6. Re:how about... by PHP+$tud · · Score: 1
      This gets down to a sematic issue.

      If I, as an individual copyright holder, assign full rights to (someone else), then that entity is *effectively* the owner. If that entity happens to be a "corporation", then we're right back to where we started in terms of corporations lobbying for "their" copyrights.

      Again, a "corporation" is not necessarily an Evil Entity, but rather a certain kind of legal relationship between individual(s) and the government. I know a lot of *individuals* who incorporate *themselves* so they get Extra Special Treatment from the government that "corporation" status often enjoys.

      This of course makes a mockery of the current corporation system, which is why the real solution to this overall problem would be to abolish said Treatment and make corporations have essentially the same legal status as individuals. However, limiting ownership of copyrights--or anything else that can be owned--is not the solution.

  12. What about by arvindn · · Score: 3, Interesting
    I would expect that there are a good number of artists who understand that (essentially) infinite copyright is stupid. I mean, if I were an author, I would like to release my works after say 5-10 years into PD in the hope of increasing hits to my website and get free advertising using something I probably can't sell anyway. Given this, how can we get more authors to adopt this approach?

    IANAL, but here's a suggestion. Consider what happened in the software world. Lot of people wanted to share their code, but for things really took off only due to the ease of adopting the GPL. In a similar vein, perhaps we should have a well-defined legal framework for artists to release their work into the PD after 5 years, and work towards getting it acceptance among publishers? (Essentially, the legal and technical details should be worked out and implemented by someone else instead of forcing the individual artists to deal with it). Sure the *AA can be counted out, but I can imagine several book publishers and smaller music groups being not averse to the idea. If disney wants to keep the mouse, let them, forget it. Let's do the best we can to ensure that content that is yet to be produced comes with a less draconian copyright.

    1. Re:What about by Remik · · Score: 2, Informative

      Take a look at Creative Commons.

      -R

    2. Re:What about by arvindn · · Score: 2, Insightful
      Take a look at Creative Commons
      It's a start, but it doesn't solve the problem. For two reasons. First, the nature of the author's contract with the publisher/distributor would in many (most?) cases prevent the artist from PD'ing their work. Surely, we want the artist to get royalties for a limited time-period at least, don't we? Second, it is still work for the artist. We don't want the artist to get involved at all after the moment that they first release their work. That's what I was implying by "legal framework". Standardize the process, sell the idea to a few publisers and make it dead simple for artists; and it could be a revolution in the content industry. And about time, too: the sooner we realize that the internet demands some adjustments to our notions of selling information, the better.
    3. Re:What about by vudujava · · Score: 2, Interesting
      if I were an author, I would like to release my works after say 5-10 years into PD in the hope of increasing hits to my website and get free advertising

      Based on the comment, I'd say you're not an author. Writing is a tough market and outside of journalists, only a handful of writers can make a living writing. When there's money involved, you don't turn your back on it and you deal with the terms you are given. You can write the great American novel, the greatest novel ever written and not be able to sell it. The best works in the world remain unpublished. If you are lucky enough to get an offer for the book, you (or your agent) wouldn't be able to get terms that put the work in the PD after 5-10 years. Right or wrong, that's the way it is.

      using something I probably can't sell anyway

      Tell the Tolkien estate that... tell Hubert Selby that, hell tell Stephen King that, and they'll all laugh.

      Consider what happened in the software world. Lot of people wanted to share their code, but for things really took off only due to the ease of adopting the GPL

      Again writing is a tough market, it isn't like writing software. If you can write C or C++ well, you have a job and make a good living. Most writing is done by writers after they finish their day job.

      The only way you retain or get your copyright back is by publishing in small independents that pay in copies. Speaking as an author, I'd kill to get a fat book deal, even if it means giving up a good portion of my rights. I don't know if there is a good way to solve the problem without burning the author, but that's the way it is. I suppose, as a writer, I could tell a publisher that I wanted digital rights after a period of x years, but that doesn't really solve the problem. Besides, what if I don't want my work in the PD? It is my work after all and should be my choice.

  13. What Lessig Wants by Remik · · Score: 5, Insightful

    Many of you are misguided about what Lessig plans to get out of the Eldred Act. He's given up on Mickey, and rightfully so. There is no way he can fight the money and power that is Disney. He is prepared to ceed the 2% of economically worthwhile copyrights that remain after the current term inorder to get access to the 98% that no longer have any protector. He's decided to compromise and accept the orphans, and that's what the Eldred Act gives him.

    Lessig's motivation has always been the flourishing of the commons, and while a win in Eldred v. Ashcroft would have give him 100% of what he wanted, passing the Eldred Act will still give him 98%...and that's close enough.

    -R

    1. Re:What Lessig Wants by petsounds · · Score: 1

      You're forgetting all the other interested parties that will never let their copyrights go, like the movie studios, record labels, etc. I think the percentage will be much lower than 98%. Besides, these guys have already been paying off Senators and Congressmen...the only difference is, this plan makes it legal.

    2. Re:What Lessig Wants by Remik · · Score: 1

      Nope, I'm a pretty avid follower of this stuff. Something like 2% of the work that the CTEA prevented from entering the public domain is currently being economically exploited.

      It's all in the amicus briefs that were filed with the Supreme court in Eldred v. Aschcroft and it's spelled out clearly in numerous places on Lessig's blog.

      Check out this report for a statistical analysis.

      -R

    3. Re:What Lessig Wants by petsounds · · Score: 2, Insightful

      From that report, it appears (though I may be interpreting it wrong) that 97% of the content under copyright by the studios et al is not being commercially exploited. But it is my understanding that the other 97% of content is still under control of these big studios. So how does implementing a plan where copyright holders pay for extensions help to free up that 97% of content? You don't think that the studios will pay to keep all their copyrights, even if they don't use the content? I think this will just enable the big content holders to keep dormant content under their control forever.

    4. Re:What Lessig Wants by Remik · · Score: 1

      I'm not saying that this couldn't happen...but it's already happening in the status quo. It makes sense now, because it costs them nothing to hold on to the rights. It wouldn't make sense under the Eldred Act, because they would be forced to pay to keep the right to something that was producing nothing for them.

      Any sensible person would let the right lapse, but perhaps I'm giving the studios too much credit.

      -R

    5. Re:What Lessig Wants by IWannaBeAnAC · · Score: 1
      Absolutely true, it is a compromise position that is perhaps more politically realistic, but Lessig himself would be the first to acknowledge that it is not the 'ideal'.

      It is similar in some ways to the pragatism RMS showed in devising the GPL - using copyright law to circumvent ... copyright law.

      But would this proposal have the effect of making the last 2% all but impossible to achieve?

    6. Re:What Lessig Wants by Remik · · Score: 1

      Under Lessig's proposal, the way copyright law applies to the 2% really wouldn't change (save the nominal yearly tax). They would become public domain whenever Congress decideds to stop increasing terms. For Disney's perspective, it's essentially the status quo.

      -R

    7. Re:What Lessig Wants by Minna+Kirai · · Score: 2, Interesting

      One additional factor- just because a work isn't being commercially exploited (sold), doesn't mean no corporation has a profit motive to maintain it's copyright.

      Big media companies gain by keeping the public domain poor- especially by denying it modern media like film and television. If the Eldered case had won, then PD TV shows would begin to compete with newly produced paid ones.

      The new stuff will always have an advantage in FX technology and "bad language", but given how often Hollywood recycles old plots, some amount of sales cannibalization will occur (1947 Fox stealing sales from the 2003 company).

      I believe that the largest reason big IP companies want long copyrights is not so that they can keep collecting sales of old works, but so that old works won't compete with their shiny new merchandise.

  14. Sign of the impeding apocalpyse #768 by Watts+Martin · · Score: 5, Funny

    Steve Forbes takes a position I agree with.

    1. Re:Sign of the impeding apocalpyse #768 by grbyrd · · Score: 1

      It did feel pretty icky clicking on that link and seeing his photo. I hope this doesn't happen again soon...

    2. Re:Sign of the impeding apocalpyse #768 by goon+america · · Score: 1

      Warning: He also suggested making Newt Gingrich the proconsul of Iraq in the first paragraph.

  15. Why a token amount? by divide+overflow · · Score: 2, Interesting


    I believe that charging a steadily INCREASING amount would be a better idea. That way there is increasing incentive to allow the copyright to revert to the public domain.

    Recent changes to the timelines are clearly Faustian deals by politicians to sell out to copyright holders. In my mind the public clearly loses. The original idea of limiting the time one can claim intellectual property was sound and still has merit. The notion that ideas and information can permanently be surrounded by barbed wire and denied to all seems intuitively wrong. It should be clear that the institution of a fee to maintain the copyright amounts to another tax. So politicians would treat it as another endless source of funds to be milked to finance their pet projects. Perhaps you can see where this would lead.

    Ultimately, I think the better idea is to put heavy pressure on congress to roll back the copyright protection period. Then we need some working campaign finance reform.

  16. Charge em more and more by Anonymous Coward · · Score: 2, Interesting

    Why not make it a constantly increasing amount after 15 years. $1 the first year. $5 the second, and $25 the third. Keep up the multiples by 5 or whatever number you want and eventually everything passes into the public domain when its value is exceeded by the fees.

    1. Re:Charge em more and more by bmd3k · · Score: 1

      So 30 years after gaining a copyright, it'll cost you $30 billion to keep. And then the next year it'll cost you $150 billion. I think we should avoid exponential functions in this case.

    2. Re:Charge em more and more by ShadowDrake · · Score: 1

      Actually, that's why we should use exponential functions.

      We want works to go public domain.

      If the renewal is a flat fee ($20/year), it can be easily ignored, even on an unprofitable work (borrow the $20 from the profits of another work), but most certainly on a profitable one.

      If the renewal is exponential, no matter how much you're getting off of the work, it's unlikely you're making enough to keep up with the fee growth indefinitely. The only choice is to give the work up.

      What I'd like to see is different classes of term length that are based on the half-life of the content type. In most cases, computer software, for example, has lost its marketability after 5-10 years. A novel might last 20. A reference book might even be useful for 50, unless it's a rapidly-evolving field, where it gets discredited in 5. There must be a way to accomodate these reality.

      --
      It's just like a fascist dictatorship, without the punctual rail service!
    3. Re:Charge em more and more by 0x0d0a · · Score: 1

      I'd say start charging after ten years. $1, and keep doubling each year.

      After 25 years or so, most unprofitable copyrights wouldn't be worth keeping around, as the fee would be $32k. After 40 years or so, even the biggest companies would have to start giving up copyrights.

  17. Re:The proposed payment for extension is good, but by mrfrostee · · Score: 5, Interesting

    Sounds great, except why allow people other than the current rightholder to extend? For that matter, why allow anyone but the original author to extend?

    The first U.S. copyright laws restricted renewals to the original author. Going back to that idea would remove some of the "property" connotations that have appeared since then.

  18. Lessig in error? by smd4985 · · Score: 1

    I'm usually not one to question Lessig's ideas, but I do see that this solution can either be 1) exploited by bodies with large amounts of capital (i.e. companies can pay the large continuation fee, whereas smaller fries cannot) or 2) useless if the price to extend copyrights is too low.

    I really feel this is one area where compromise won't cut it - copyrights need to be limited, plain and simple. Sometimes to innovate you need to build on other's works, and Congress' bent to continually extend copyright is unjustified.

    --
    smd4985
    1. Re:Lessig in error? by XipX · · Score: 1

      > Are those smaller fries french fries or freedom fries? Sorry, couldn't resist

    2. Re:Lessig in error? by Remik · · Score: 1

      It's a compromise, and one that seems to work out in the public domain's best interest. The purpose of the fee is to allow orphaned works to fall into the PD and to create a registry of works that are still protected which drastically cuts the cost of 'clearing rights'.

      You would be right on both points if the purpose was to try to wrest copyrights from those who want to hold on to them...that was Lessig's aim in Eldred v. Ashcroft, but that didn't go his way. This time his goal is slightly shifted.

      -R

    3. Re:Lessig in error? by Minna+Kirai · · Score: 1
      Problem 1 won't happen under the proposal, as there is no "large continuation fee".

      However, problem 2 is a concern, and would reduce the total benefit to the public domain. Far fewer than the 98% of unprofitable works would be freed. Many companies will prefer to blanket-renew all their copyrights, without checking if they really have earning potential or not.

      And even if it's known that a work has no sales value, companies may wish to keep it restricted for other reasons:
      • Some publications are embarassing, and would damage their corporate image. For example, Disney doesn't want Song of the South to be seen again. They've also censored the original versions of Alladin and other films.
      • A richer public domain will reduce the public's need to buy new entertainment products. If 50-year old books and TV shows were available for free, there would be slightly less need to pay money for new ones. (The TV-Land channel, at least, would see it's operating costs decrease)

      Even with those shortcomings, the public domain would at least benefit from recieving those works which the copyright owners have completely forgotten about. It's far from perfect, but at least one of the major damages of eternal copyrights is removed: works which are completely lost, because the published copies corrode away before it becomes legal to duplicate them, and the author has already lost the originals.

  19. Absolutely by Hollins · · Score: 3, Insightful

    Instead of paying lobbyists for copyright extension for everyone, Disney pays the government to only extend their own. This is stupid.

    How about instead of having time limits, we have profit limits? The copyright expires once your work has turned a 1,000% profit or after 50 years, whichever is less.

    The purpose of intellectual property protection should be to foster creativity, not maximize profit. Disney will still create the next Pocohantas movie if they 'only' expect a 10x return, as opposed to the drag-it-out-for-50-years -get-40x-return thing they've done with Snow White, and the consumers will be far better served.

    Copyright should be viewed as the minimum incentive necessary to maintain a productive, creative environment, no more.

    1. Re:Absolutely by JabberWokky · · Score: 2, Insightful
      How do you figure profit on an idea? A guy has an idea for a show about a female swordswoman dressed in black, yada yada. What is the cost to figure out profit? (And yes, that's Queen of Swords, which a court determined that the original creator still had copyright on after the network stole it).

      Or the profit on a painting... a woman I've been seeing takes less than $100 of canvas and paint and sells prints at a few thousand dollars a pop. That's her living... you'd kill her living (and the living of many other artists).

      --
      Evan

      --
      "$30 for the One True Ring. $10 each additional ring!" -- JRR "Bob" Tolkien
    2. Re:Absolutely by Cid+Highwind · · Score: 4, Insightful

      Instead of paying lobbyists for copyright extension for everyone, Disney pays the government to only extend their own. This is stupid.

      No, this is a work-around to a stupid political system. Currently Disney and AOL/TW and their ilk have enough money and influence to get their copyrights extended perpetually. This system would allow them to buy infinitely long copyrights for their own stuff (which they are doing anyway), but still allow other works to go into the public domain in a reasonable amount of time. Neither of us (or our grandchildren) will likely live long enough to see a Disney movie go into the public domain. With a system like the one proposed here, we might have the *other* 98% of copyrighted material that nobody is really making money from anymore reach the public domain.

      --
      0 1 - just my two bits
    3. Re:Absolutely by Hollins · · Score: 1

      Copyright doesn't protect ideas, it protects works. Patents protect ideas (for far less time than copyrights). The distinction is important.

      Regarding the painter your know: How would this kill her living? The end of copyright does not mean that you can no longer profit from your work. It simply means the work is no longer protected. The value of original artwork is very much a function of the artist who creates it. I doubt the woman you discuss would loose any revenue at all if copyright simply did not exist. Paintings are difficult to copy convincingly, and folks won't pay nearly as much for an imposter.

      Figuring profit, as you mention, is more difficult, and a little subjective, but not impossible. On the one hand, movies would be easy. We're always told that Terminator 47 cost $670 million to produce. Books can be assigned value based on the time the author spends writing them, and I would give authors more of a protected profit margin than movie studios. And I would start the clock on TV series until after the finale.

      I grant that the implementation must balance maintaining simplicity with being fair, but consumers aren't being served when Disney chooses to release the 97th special edition of Cinderella rather than produce new works.

      Also, just because Paramount's rights to Terminator end, they can still make money producing Terminator 125. So can anyone else. They can use the fact that they originated the series as a marketing advantage, and they can protect new characters introduced in the movie, but if you want to make your own terminator movie with a handycam and release it on the internet, you should be allowed to do so.

    4. Re:Absolutely by Anonymous Coward · · Score: 0
      Profits are an accounting artifact -- movies and other big projects traditionally make little or no profit, because they can pay exorbitant fees to subsidiaries of the parent company for "distribution" and "promotion" -- for the movie that's an expense (taken out of revenue before profit), even if the distribution company is making money hand over fist.

      I would say that for individuals, copyright lasts for life + 20 years (to allow your children to publish your work in progress) but for corporations require renewals each 20 years, and you're *required* to show profits to retain your copyright.

    5. Re:Absolutely by Anonymous Coward · · Score: 0

      You're right, but the corporations that control congress would never accept that. Lessig is proposing something that might actually pass, because it doesn't actually harm the financial interests of Disney, etc.

    6. Re:Absolutely by guacamolefoo · · Score: 2, Interesting

      How about instead of having time limits, we have profit limits? The copyright expires once your work has turned a 1,000% profit or after 50 years, whichever is less.

      You are obviously unfamiliar with accounting for motion pictures. In a nutshell, if you are ever a major motion picture star or agent for one, make sure that you get a piece of the gross and not the net. A system such as you propose would surely degenerate forthwith into something similar. "The Producers" would look innocently naive compared to the shenanigans you'd see if copyright depended upon not achieving a profit level of X%.

      GF.

    7. Re:Absolutely by 91degrees · · Score: 2, Interesting

      In a nutshell, if you are ever a major motion picture star or agent for one, make sure that you get a piece of the gross and not the net.

      Wise words. If only Stan Lee had heeded them, he would have been much richer.

      It's true. the majority of movies make a loss on paper. It's an impressive feat that a film that costs $100 million to make, $100 million to market, and makes $500 million in worldwide box office sales can break even, but apparently it does.

    8. Re:Absolutely by Mitreya · · Score: 1
      Currently Disney and AOL/TW and their ilk have enough money and influence to get their copyrights extended perpetually

      I belive that the suggestion of charging an "extension" fee for a copyright is not to solve the problem of Disney cartoons. It is to make sure that the OTHER 98% of the copyrighted material from early 20th century goes to public domain. Disney created a far bigger problem by extending the copyright of EVERY work that was created in the time of steamboat willie (sp?).

  20. Yes this would be a problem by jms · · Score: 4, Insightful

    Yes, but doesn't this spawn yet another "industry" of professional copyright maintainers? Sort of like domain name squatters?

    It wouldn't create freelance copyright squatters. If I were to pay the copyright fee on, for instance, Star Wars, that would not give me the right to the Star Wars copyright. It would merely extend George Lucas' copyright.

    However, it most certainly would create copyright fee maintenance companies, which is a problem.
    People would pay the initial copyright fee, but no one would want to run the risk of forgetting to renew a copyright on any non-trivial published work, so they would look to hire someone to do the job for them.

    For instance, let's say that copyright renewal costs $100 every 20 years, and there's 4 renewal periods. (80 year max) I could easily go into the business of submitting copyright renewals, and I could do it for $100 per copyright for the duration of the copyright (plus my up-front fee)

    I invest the $100 conservatively, and receive 5.75% interest, compounded annually. By the time 20 years rolls around, that $100 has become $205. Now I withdraw $100 of that, and pay the copyright fee to extend the copyright, leaving $105. Repeat every 20 years until the copyright reaches the statutory maximum.

    In other words, the company that produced the work could be out of business, the copyright ownership could be impossible to determine, but so long as the original copyright holder made arrangement with such a copyright renewal processing company, the unknown copyright would continue to be renewed decade after decade.

    The problem is that modern copyright terms are so incredibly long that even a large fee 80 or 100 years in the future translates to a small investment now. For instance, if the fee to renew a copyright will be $1,000 100 years from now, I can cover that now by investing $3.00 at 6%, compounded annually, and placing that investment in the hands of a corporation that contractually agrees to pay the copyright fee for me 100 years from now.

    In other words, regular renewal requirements don't necessarily solve the problem.

    1. Re:Yes this would be a problem by Anonymous Coward · · Score: 1, Insightful

      Well the obvious answer is to make it a requirement that only the copyright holder can file for renewal and the problem is solved.

      What a long post you've written about nothing!

    2. Re:Yes this would be a problem by smallpaul · · Score: 4, Insightful

      For instance, let's say that copyright renewal costs $100 every 20 years, and there's 4 renewal periods. (80 year max) I could easily go into the business of submitting copyright renewals, and I could do it for $100 per copyright for the duration of the copyright (plus my up-front fee)

      This is actually a very risky business to be in. Presumably there will be competition in this business so profits will be moderate or slim. The problem is that if a future congress increases the fees, either the copyright holder or the copyright middleman gets screwed. If the middleman lives up to his side of the bargain, he could find himself losing money year after year on twenty year old contracts. If he doesn't renew the copyright then it expires and his whole business concept is useless. Neither party can predict the rates that some future congress will charge...and why wouldn't congress notice the millions or billions of dollars piling up in these services and get a little greedy?

      This all leads to another problem: if you really, really care about your copyright, you would need to really, really trust the company maintaining its copyright. By definition, you would need to trust them more then you trust yourself. It would need to be basically an insurance company or a bank (and even those go out of business sometimes).

      And anyhow, an easy way to prevent the business model you've described from developing is to require the signature of the copyright holder on the copyright renewel.

  21. Re:Congress' Obligation by BroncoInCalifornia · · Score: 3, Insightful

    >>>They[congress] have an obligation to pass laws for their paying constituents, but the highest law of the land (Constitution) says they can't do it.

    WTF

    Congress has no obligation to be corrupt and do what "paying constituents" want them to do. Their real obligation is to do what is right for the people of the USA.
    We have this problem with IP law out of control because congress is being corrupt instead of doing what is right.

    --

    Religion is the main cause of atheism.

  22. great!? domain name campers generalized to lit by rawdirt · · Score: 1

    So much for the intelligence of the net. This is on a par with saying money is speech. /br> In either case you get those with money warping literature, or politics, for their benefit, rather than the benefit of the public, as I believe was intended by the original copyright law. The exercise extending this principle to current music monopolies is left to the student...;)

  23. Problems With Fee For Copyright by Artagel · · Score: 5, Interesting

    First, one of the nice things about copyright, for the little guy, is that you do not have to register to be entitled to some copyright protection. You author something, and there is some protection you are entitled to without registration. Copyright registrations are inexpensive, and can usually be done without the assistance of an attorney. Requring a registration after 5, 10, or even 20 years to have a continuing copyright could make good sense -- the author would have a fair chance to assess what needed protecting versus what was not going to be worth paying a fee.

    Second, because of the Berne Convention, we cannot burden copyrights resulting from publications in foreign countries in certain ways. For example, you have to register a domestic work before you file a lawsuit in the U.S., but the foreign work does not have to file a U.S. registration prior to a lawsuit. If done in a way such that the effect were to be to force Disney and Hollywood to move to Canada or Mexico, I can't say it would be a victory.

    Third, is used in a way like present fee systems, the fees would not distinguish between big money works that pay for themselves in a year, and the rest is gravy, versus the smaller circulation works that need 10 or 20 years to gather a good income. In some ways a tax would work better -- it could be proportional to the financial value.

    I think that copyright should be easy and cheap for short periods, cost money to maintain for long periods (although shorter than the current limits), be consistent internationally, and have an easy way for the public to figure out what is or is not copyrighted (E.g. not having to figure out when Joe Obscure Author kicked the bucket).

    1. Re:Problems With Fee For Copyright by Anonymous Coward · · Score: 0

      ...the Berne Convention...

      There are actually people who maintain the belief that the US considers international law applies to them?

  24. Bottom feeder? by Anonymous Coward · · Score: 0

    No, I'm certain these are "top feeders". Just *one* of there many bribes is several times my yearly wage. While it is for certain that their actions are dispicable calling them "bottom feeders" is like (Bush) calling the 9/11 terrorists "cowards"; it's cos(pi) (the complete opposite) of 1 (the truth).

    1. Re:Bottom feeder? by Anonymous Coward · · Score: 0
      While it is for certain that their actions are dispicable calling them "bottom feeders" is like (Bush) calling the 9/11 terrorists "cowards"; it's cos(pi) (the complete opposite) of 1 (the truth).

      I'd say cowardice would be attacking targets unable to fight back - like WTC 1 & 2: office blocks full of unarmed civilians, with no warning. A non-coward version would have been attacking a "legitimate target" (in the military/legal sense): a carrier battle group, an air force base, whatever. Of course, that version would involve fighting a real fight, instead of threatening some defenseless civilians when their guard is down, which is why Al Queda didn't go for it...

      Back to the politician-buying: there does seem to be too much money floating around there (and too much being spent; too often, politicians seem to get a % of the public money they spend...) - but I do get the impression [some of] the politicians involved actually believe they're doing the right thing. Bear in mind, they are voting on a huge range of issues. In a sense, they are more like the judge or jury in a court case: they often go in with no specific knowledge or opinions of their own on the issue in question, and rely on what evidence is presented for each side. When big household names send a bunch of well-spoken "experts" to present their side of a case, and a handful of /. readers email saying "$company sux. U suck. [Other people's] information wants to be free!", of course they'll take the first group's side...

      TBH, I don't see a major problem with long copyright durations - provided the material is still available. The purpose of copyright is, after all, supposed to be to make that material available: not available free, just available. Perhaps copyright should expire a certain time after the copyright owner ceases publication? As long as the book (for example) is still available in bookstores, it's still under copyright. Once it's been out of print for, say, two years, the copyright expires and it becomes public domain. (The "charge for copyright extensions" plan would achieve something similar, except for the risk companies would just keep extending all their copyrights...)

  25. That was last year. by Cid+Highwind · · Score: 4, Funny

    Didn't you hear about the Disney amendment? Congress sold^H^H^H^H passed it last year!

    "Amendment 28: Article one, Section eight shall be amended to read as follows: To promote the profits of corporations, and to fight the evils of terrorism, the exclusive right of authors and inventors to their respective writings, recordings, video and audio discs, and discoveries shall be guaranteed in perpetuity.

    Additionally, article three, section three shall be amended as follows: " Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort, being a terrorist or drug dealer, or by violating the patents and copyrights of any corporation. No person shall be convicted of treason except upon the secret testimony of the Attorney General or his deputies."

    --
    0 1 - just my two bits
  26. The Constitution Is a Rule, Not a Guideline by LaCosaNostradamus · · Score: 5, Insightful
    Mr. Forbes at least has a very public forum and it is a pleasure to see him using it to set the horrible patent/trademark situation a bit more aright. But, there are two errors.

    Firstly, Congress has no authority to change the US Constitution. (Even if that does seem to be legislative fashion these days ... pass a law and wait to the cowering American sheep to summon the courage to strike it down in the courts.) Hence, it is silly to see him suggest that the Congress should declare trademarks to be eternal.

    Secondly, Lessig's compromise also violates the US Constitution. According to this link, the document says in Article I Section 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;
    Note it says "for limited Times". Allowing patent, copyright and trademark holders to retain their works as long as they pay for them, is not limited time.

    The only two fixes that are moral and legal are to either amend the Constitution to allow for unlimited works rights, or to never again extend such rights. In fact, the time limits should be reduced ... since life+70 years or 95 years is a long fucking time. I am 35 right now, and if I want to make use of the trademark or copyright of what a 20-year-old neighbor made, I'd have to wait until I was about 35+55+70=160 years old until I could use it legally. It can't be done. Hence, works rights that extend well beyond the Human lifetime seem unreasonable when faced with the word "limited".

    The remaining fix is to lob mortar shells at the US Capitol building until the Congresspeople begin to see the light. Myself, I prefer this option. The US Constitution is a body of rules, not guidelines, but the use of opinion and lassitude are making it a piece of paper. Is there any mystery as to why the populace has so little regard for the rule of law?
    --
    [You have a stable society when some nut guns down a schoolyard and the law doesn't change.]
    1. Re:The Constitution Is a Rule, Not a Guideline by Anonymous Coward · · Score: 0
      Hence, it is silly to see [Steve Forbes] suggest that the Congress should declare trademarks to be eternal.
      Forbes was being ironic, implying that Congress was already making copyrights eternal, only a little at a time.
    2. Re:The Constitution Is a Rule, Not a Guideline by tunesmith · · Score: 1

      Wait, I thought the paid renewal thing was still subject to the overall 95-year limit or whatever it is now. So that's not unconstitutional.

      --
      skkkoooonnnggggkkk ptui
    3. Re:The Constitution Is a Rule, Not a Guideline by stock · · Score: 2, Funny
      " I am 35 right now, and if I want to make use of the trademark or copyright of what a 20-year-old neighbor made, I'd have to wait until I was about 35+55+70=160 years old until I could use it legally. It can't be done. Hence, works rights that extend well beyond the Human lifetime seem unreasonable when faced with the word "limited". "

      Hey! all i can say is, Respect your neighbour ! So no go that you would fool him and snatch his stuff.

      Robert

    4. Re:The Constitution Is a Rule, Not a Guideline by alienmole · · Score: 1
      Hey! all i can say is, Respect your neighbour ! So no go that you would fool him and snatch his stuff.

      Your joke doesn't work, because the whole point of this discussion is that it's not his stuff. He created it based on information in the public domain. Copyright as written in the Constitution grants an inventor limited rights to the fruits of his work, and after some time it must return to the public domain, for the benefit of the society on which its creation depended.

      Think of it like a loan: you can borrow from the public domain, add some value, and sell that new thing for profit; but you have to pay back your loan in the end. You do that by returning your work to the public domain.

    5. Re:The Constitution Is a Rule, Not a Guideline by PMuse · · Score: 1

      Hence, it is silly to see him [Forbes] suggest that the Congress should declare trademarks to be eternal.

      Um, trademarks _are_ eternal. You meant to be thinking of copyright.

      In theory, the length of protection on intellectual property varies inversely with the strength of it. Trademarks cover a label on goods and can last forever; copyright covers an expression of an idea and can last a long time; patent allows absolute exclusion of using an invention and can last 20 years. (In practice, Disney gets what it wants.)

      Example: Software. Microsoft is a trademark. To avoid infringing the trademark, you name your software something else. Windows is copyrighted. To avoid infringing Windows' copyright, you write clean-room code that performs the same task. For patented software, clean-room code won't help because a patent excludes you from writing any code that does whatever the invention does in the same way it does it.

      As to changing the constitution, there is no need to actually declare copyrights eternal to slap an increasing fee or tax on them. Heck, there used to be renewal periods every 33 years where you had to go back and re-register to prevent your copyright from lapsing. Even merely going back to that scheme would be an improvement over what we don't have now.

      --
      "We reject as false the choice between our safety and our ideals." --The American President (20.1.2009)
  27. Laws should encourage innovation by seyfarth · · Score: 3, Interesting

    The purpose of intellectual property laws should be to encourage innovation, not to protect intellectual property forever. The Mickey Mouse character has been lots of fun for a long time. Disney has earned lots of money from the character. Disney should now create something new rather than trying to protect Mickey forever.

    What would happen to Disney without copyright protection continuing for Mickey? Would someone else start using a mouse character to promote a theme park? I doubt it. Would someone try to make some knock-off cartoons? Maybe, but would Disney suffer? I don't think Disney would lose much.

    20 years is a nice duration for a copyright. An author or artist could live off a creation for about 1/3 of a long adult life-span. During that time the artist could create some more copyrighted material and have a productive life.

    Our country has gone overboard with copyrights and patents. Extending patents and awarding patents for software do not encourage creativity. Instead they encourage defensive copyright/patent claims and litigation. We need to create an environment which encourages creativity rather than stifling it.

    --
    Ray Seyfarth, ray.seyfarth@gmail.com, http://rayseyfarth.blogspot.com
    1. Re:Laws should encourage innovation by 91degrees · · Score: 1

      What would happen to Disney without copyright protection continuing for Mickey? Would someone else start using a mouse character to promote a theme park?

      I'm not totally sure I underrstand copyrights and trademarks 100%, but if I'm not mitaken, Disney will ahve Mickey Mouse as a trademark for as long as they use it and defend it. So, nobody else could use it to promot e a theme park. They could use the character in their own cartoons, but that's about it.

      20 years is a nice duration for a copyright. An author or artist could live off a creation for about 1/3 of a long adult life-span.

      I sort of agree. Sometuimes I'm less inlcined to though. I saw The Iron Giant some time ago. This was a good film based on a very nice children's book (The Iron Man by Ted Hughes). Somehow it seems that Ted Hughes deserves at least some of the proceeds of the film. No real reason, it just seems right.

      This being the case, I'd actually go for some sort of gradual decay of protection. Total control for some time, followed by a right to royalty for some time after.

      Extending patents and awarding patents for software do not encourage creativity.

      Well.... the patents covering mp3 did produce Ogg. those covering RSA resulted in a lot of research into other public key techniques (eliptic curve etc). But this isn't really how it should work.

  28. Of course they do by Anonymous Coward · · Score: 1, Insightful

    They entered into an unwritten contract with their parties. Without party support they wouldnt be where they are, they owe more to their parties than they ever did to the american sheepdom.

  29. Oh great by Marx's+Ghost · · Score: 0

    Did anyone notice that Forbes first basically calls for a monarchy in Iraq, headed by an appointed de facto rule from the US? At first I thought it was satire (honest) but I was just being too generous in my reading. Oh great, a racist imperialist agrees with my view on patent/copyright reform.What next, endorsing Stallman and calling for apartheid?

    1. Re:Oh great by finkployd · · Score: 1

      I understand your point, but where did you get "racist"? Or did you just throw that in for impact.

      Finkployd

    2. Re:Oh great by Arandir · · Score: 1

      Don't you know? All conservatives are racist.

      --
      A Government Is a Body of People, Usually Notably Ungoverned
    3. Re:Oh great by Marx's+Ghost · · Score: 1

      The racist part is connected to the "maturation" principle that seems to be embedded within the idea. Brown people need to have a benevolent western monarch before they can have democracy. This was suggested numerous times in the nineteenth and twentieth centuries for India, the Philippines, Japan, regions in Latin America...Forbes doesn't address the basic issue that Hussein had ONLY been able to establish and operate his oppressive regime over Iraqis with the aid of the U.S. in the eighties, which has nothing to do with the Iraqi's ability to run a democratic government. What other than this "benevolent" racism would lead Forbes to suggest autocratic rule for a nation the US administration is denouncing for its undemocratic practices?

    4. Re:Oh great by the+gnat · · Score: 1

      What other than this "benevolent" racism would lead Forbes to suggest autocratic rule for a nation the US administration is denouncing for its undemocratic practices?

      Interesting idea, and it certainly has quite a bit of precedent, but I think it's just a little too hyperbolic. Forbes was born with a silver spoon up his ass; his daddy was known for throwing huge parties and Steve has always been in a position of immense power and wealth. It takes a massive ego (and usually, a delusional sense of self-worth) to start spending your personal fortune on a campaign for president without any prior political experience. And with Forbes, like with Perot, we could always be sure that he seriously thought he should be president and might actually get the job. I almost felt sorry for him when I saw his withdrawl speech, because it looked like he was giving up a cherished dream, and that he Really Wanted to Make a Difference. Schmuck.

      So, Forbes' suggestion that the Hashemites be restored is largely pure elitism. However, the rest of your point is at least partly correct. Although the Hashemites were a purely homegrown, Arab royal family (used to rule Mecca before the Saudis kicked them out), the underlying concept is that a monarch will unite the quibbling peoples of Iraq. This is certainly racist. The more disturbing part of his suggestion, however, is that the US should a) leave the Kurds and other ethnic minorities to rot, and b) leave a strongman in power. Wholly aside from any racist ideas inherent in these actions, this is simply awful geopolitics and a horrendous use of American power. Even the Administration has repeatedly claimed that they do not intend to install a dictator but rather set up a purely democratically elected government as soon as the dust settles.

    5. Re:Oh great by Anonymous Coward · · Score: 0

      What is so wrong with a monarchy? Europe has done quite well with them for some time (though in practice, most are simply ornamental)

      Keep in mind, there are places and timse where monarchies, and even dictatorships, are preferable to the alternative. When you have to keep the peace between three groups that absolutely hate each other, sometimes its the only way to go.

      So, I have to agree with Forbes on this one. I think it would be a brilliant idea.

    6. Re:Oh great by Art+Tatum · · Score: 1
      We need to make sure we set up a very strictly controlled government in Iraq after the war; and we need extremely tight censorship over there with a limited pseudo-democracy. This was exactly what we did with Germany after WWII and it worked beautifully.

      We traded the short-term political freedom and self-rule of the German people for a very effective social engineering program that eliminated their tendencies to lord it over the rest of Europe. Censorship and a puppet-government made this possible.

      Such a campaign, if appropriately carried out in Iraq, would result in a very judicious situation in that country.

    7. Re:Oh great by Marx's+Ghost · · Score: 1
      You know, I think the reconstruction of Germany has much more to do with the incredible levels of investment involved in the Marshall plan than censorship and puppet governments. As with Japan, an enormous amount of capital made it possible for Germany to once become a junior partner in the global economy. And what do you mean their "tendencies" to lord it over the rest of Europe? The Third Reich, the nasty racist state that it was, was doing the same thing Britain and France had done in other parts of the world--their crime was to do it to their imperial neighbors.

      I want to know what apologists for US actions in Iraq say about Afghanistan, which has received none of the promised investment for reconstruction and is simply doing terribly. Why should I imagine that Iraq will be doing any differently?

    8. Re:Oh great by Art+Tatum · · Score: 1
      You know, I think the reconstruction of Germany has much more to do with the incredible levels of investment involved in the Marshall plan than censorship and puppet governments.

      Rebuilding Germany certainly helped. But the political and social situation there was unable to support popular and peaceful government.

      Before our social engineering projects in Germany, the number of people on the far left or far right who favored totalitarianism dwarfed by a large margin the number of people who favored freedom and popular government. Our policies of only allowing proven believers in democracy into positions of leadership shifted the focus away from totalitarianism and established a very stable political culture. We also made sure that they were bombarded with propaganda supporting an individualistic lifestyle to counter their natural submissiveness to authority.

      Much the same situtation applies to Iraq. Most of the people in Iraq don't know how to live in a democracy. They don't have a culture that supports it. If we handed them a democratic government and just said, "Have fun guys, see ya later", they would end up reverting to the same kind of regime they have now--a fascist dictatorship.

      And what do you mean their "tendencies" to lord it over the rest of Europe?

      Germany was far more militaristic than their neighbors. One of Hitler's most effective means of appealing to the population was to dress his armies in dazzling uniforms, to appeal to their love of military display. They went nuts over it. And the British and the French were nowhere near as bad as they were. Germany was more expansive and more domineering. There was a long-standing feud between the Germans and the French. You can hardly say that Germany is anything like this anymore; they're astonishingly dove-ish.

      I want to know what apologists for US actions in Iraq say about Afghanistan

      The reason for going into Iraq is to kick out Saddam Hussein and his oligarchy. So there's no way you could possibly dicuss it in terms of what's going to happen afterward. There will be an attempt to clean it up, of course, but that's not the reason for the war.

      which has received none of the promised investment for reconstruction

      I didn't know that it hadn't. I heard they were destroying all their old currency and switching over to a new and more balanced standard (in terms of exchange rates). But I haven't heard much else about it.

      and is simply doing terribly. Why should I imagine that Iraq will be doing any differently?

      Of course, in relation to their recoveries, you can't really compare the two since Iraq will have a high-yield industry right off the bat with which to support themselves (if Saddam doesn't destroy all the oil fields) and build back an economy. Afghanistan has nothing of the kind. I'm really not sure what Afghanistan will ever have something that will be of interest to anyone. Maybe if they can make it safe enough, tourism could flourish there. From the pictures I've seen, they have some very beautiful mountain ranges.

  30. mod parent up by TastesLikeChicken · · Score: 1

    because he's the only one that's right

    --
    Until our children are no longer molded into castrated sheep democracy remains a fake and a danger. -A. S. Neill
  31. Flat tax? by Aquitaine · · Score: 0, Offtopic

    This is somewhat OT, but I'm really curious about it. In '98, when Forbes was running for President, my family supported him because they'd met him, my dad worked with him a little bit many years ago, and they were big fans of 'that kind' of republican-ism. I disagree with them on most everything, but I found it much more difficult to argue against several of Forbes' platforms. I was also 18 at the time, so not really in a position to be able to.

    What do slashdotters think of the flat tax, especially? I understand the principles but am not very well educated in the specifics of the pros and cons (the cons, mostly). It certainly sounds like a good idea on paper.

    1. Re:Flat tax? by Arandir · · Score: 1

      Yeah, way off topic. But I'll answer anyway. Short of abolishing the income tax, I would prefer a flat tax of 10%, a standard $10,000 deductable for everyone (and no other deductions). Fit the 1040 onto a postcard.

      --
      A Government Is a Body of People, Usually Notably Ungoverned
    2. Re:Flat tax? by Anonymous Coward · · Score: 0

      I think you will find that this is less fair than you think. Most homeowners already surpass your $10k deductible right now, and 10% affects lower and middle income families a *LOT* more than a upper income family. With your deductible, the burden would fall squarely on the middle class - and they are the ones that spend the most by percentage of their income. (Apparently, once you reach a certain level of wealth, it becomes harder to spend the same percentage wise).

      No, a flat tax like the one you describe would be terrible for the economy, and would widen the gap between rich and poor even more. A graduated tax, with a high cutoff, would be a far better way to go - and would likely still fit on a postcard.

    3. Re:Flat tax? by shylock0 · · Score: 2, Interesting
      This is *way* off-topic. But it merits a response, because this is oft-misunderstood. In fact, this post is a good argument for making "The West Wing" mandatory viewing for all high school students. Anyway...

      So, the cons of a flat tax. First of all, there's a good reason that the flat tax makes sense on paper. In fact, it would've made great sense in practice about 160 years ago, when we were still an agrarian republic. All of the problems with the flat tax are mired in the fact that the distribution of income in this country is exponential, not linear. Let me explain the difference.

      A good way to think of a linear income distribution is as follows. To simplify things, let's just consider 4-person families with one working parent. Let's assume all such families have different incomes, and that the poorest makes $20,000/year. Now, if the distribution were linear, there would be a family making $20,010, one making $20,020, one making $20,030, and so in in even $10 increments, all the way up to, say, $1,000,000.

      But we don't live in a society with a linear income distribtion. Instead, the distribution of income is much more like a curve -- an essentially exponential bell curve. This means that there are exponentially more people clustered around lower and middle-income levels than there are around the $1,000,000 mark. Fortunately for us, however, the biggest cluster (top of the bell) is around the middle (not the bottom), and has been steadily rising since the turn of the century (though less in recent years).

      Okay, so back to the flat tax. Because of the exponential distribution of income, a flat tax places what is often called the "burden of taxation" on the middle class. This means that while the middle class might make up 60% of the population, they will pay more than 60% of total tax revenue. I won't go into the math (which is often disputed by proponents of the flat tax and constantly proven by leading economists, conservatives and liberals alike).

      There's also the idea of economic hardship. Let's say there's a 10% flat tax. That 10% is much harder on a guy earning 20,000 a year than on a guy earning 1,000,000 a year. Flat taxes also do away with most tax "incentives" (in an attept to simplify the tax code). Tax incentives can either be good or bad, depending on where you stand philisophically.

      In all honesty, that's primarily what it comes down to -- philosophy. The proponents of flat tax often say that a flat tax will "help the economy." Like the idea today that the tax rebate will help the economy, it simply isn't true. Anybody who has taken a basic college course in econonomics understands that -- in fact, almost all economists understand that (nearly all the ones who originally supported the Bush tax cuts have since backed off). Most economists feel the same way about the flat tax -- it doesn't really help the economy at all. The propaganda sounds good, but it's really propaganda.

      The truth about the tax debate is that, from an apolitical standpoint anyway, the flat tax doesn't have any pros -- but neither does the progressive tax. It's all philosophy: where do you want the tax burden? Should the top 2% of wage earners pay more than 2% of all taxes? Is it important for the rich to contribute a greater percentage of their income than the poor?

      I would be happy to answer this question in much more detail, with a run-down of the impact, on all economic classes of people, of each of the tax schemes (please respond to this post with your e-mail if you so desire). However, a good essay on it (not be me, but found through google) can be found here: http://www.wordwiz72.com/flattax.html

      I will add one last thing. The progressive tax is often mislabled, because only the "aggregate" percentage -- it is important to remember that, under today's progressive tax, somebody earning 200,000 pays the same percentage of the first 25,000 of their income as somebody earning only 25,000 -- it's only higher amount of income that is taxed at a higher percentage.

      --
      Statistically speaking, there's a 99.998% chance that my IQ is higher than yours. Get over it.
    4. Re:Flat tax? by Arandir · · Score: 1

      I think you missed the point of my high standard deduction, with no other deductions. It removes the burden of taxation from the poor. I should also clarify that this deduction is for each dependent. If make $40,000 a year with a spouse and two kids, you don't pay any taxes. If you make $80,000 with a spouse and two kids, you effectivly pay only %5 in taxes ($4,000). And if you make $400,000 a year under the same circumstances, you effectively pay %9 in taxes ($36,000).

      The only reason a graduated tax makes sense is because the current situation gives more deduction possibilities to the rich than to the middle class and poor. Do you think the rich actually pay a full %33? Hah! Eliminating all deductions but the standard levels the field.

      --
      A Government Is a Body of People, Usually Notably Ungoverned
  32. How editors provide needed clarity... by Anonymous Coward · · Score: 0

    Many of you are misguided about what Lessig plans to get out of the Eldred Act. He's given up on Mickey, and rightfully so.

    Clarity through editing:

    Many of you are misguided about what Lessig plans to get out of the Eldred Act. He's given up.

    1. Re:How editors provide needed clarity... by Remik · · Score: 1

      He's given up on the court, and who can blame him. He's given up on the chance of a constitutional amendment, can't blame him there, either. Compromise is a defeat, but this is not a war of all or nothing. The commons is enriched with each work it gains.

      -R

    2. Re:How editors provide needed clarity... by indaba · · Score: 1
      aaah the voice of reason on /. !! , well said my friend

      I thought your initial post was spot on as well BTW.

  33. If 95 years is limited then we must live to be 200 by Anonymous Coward · · Score: 2, Insightful

    As another AC pointed out, you missed that Forbes was showing some sarcasm, and it was nice to see Forbes Magazine, The Capitalist Tool come out and speak the truth about Disney and the Congress that falls over itself for them.

    But I didn't post to say "me too", I posted because you've mentioned something I personally think should have been the grounds for throwing out not just the DMCA, but most of the extensions.

    The notion that a "limited time" can exceed the human lifespan is a wild, baseless leap the Supreme Court should have not tolerated. It defies reason and common sense. If the founders intended copyright to span many decades (soon to be centuries), they would not have used the word "limited".

    By allowing this unconstitutional abuse to continue, the Supreme Court has disgracefully failed to fulfill it's obligations. Precedent set, is almost never undone.

  34. Monarchy For Iraq by pyrrho · · Score: 1

    ... yeah, and he also suggests installing a Monarchy in Irag.

    Does anybody believe that the power-elite in the US are holders of the democratic ideal?

    OK, experiment over, time for the post mortem to explain it's failure.

    --

    -pyrrho

  35. Just what we need, more taxes by geekee · · Score: 1

    Congress will love the pay for copyright solution, since they're always looking for new events that require a tax. It won't be long before the govt. taxes me to use the restroom. Either I own the copyright, or I don't. But I shouldn't have to pay the govt. to keep it. What next? Am I going to have to pay a fee for free speech? If a company can hold a copyright forever, however, by paying fees every so often, that is unconstitutional.

    --
    Vote for Pedro
  36. Relevance? by Anonymous Coward · · Score: 0

    How does Congress ratifying a treaty that limits its own Constitutionally granted powers qualify as an example of a foreign Treaty extending the powers of Government beyond the scope of the Constitution?

    1. Re:Relevance? by rossz · · Score: 1
      When it is used by Congress as an excuse to extend copyrights and patents to a point of violating the "limited time" portion of the Constitution.
      Article 7
      (1) The term of protection granted by this Convention shall be the life of the author and fifty years after his death.
      This is the basis for the "forever minus a day" copyright currently in effect.
      --
      -- Will program for bandwidth
  37. This is terrible. No cookie for Lessig! by Adrian+Lopez · · Score: 1

    Of all the works that might enter the public domain under Lessig's proposal, those works that offer the most value to society are precisely the ones that copyright holders would like to prevent from entering the public domain.

    If there's anything to be learned from corporations and the estates of the famous deceased is that both tend to be very protective of their intellectual "property". You can bet that as long as it is possible for these and other groups to renew the copyright to valuable works, they will likely continue to do so.

    All that would happen under Lessig's proposal is that the least valuable works would enter the public domain, while the most valuable works would forever remain copy-restricted.

    --
    "In prison you just have to shut your eyes and take it. Here you have to shut your eyes and give it."
  38. Seems like I've misunderstood by Adrian+Lopez · · Score: 2, Informative

    After searching google for the "Eldred Act" it seems that Lessig is not proposing that copyrights be renewable forever, as Forbes' statements seemed to suggest, but rather that copyrights should still be granted for limited times with the added restriction of an extension fee every so-many years. That's not as bad as I thought, although I still think it would do little to free up the most valuable works.

    --
    "In prison you just have to shut your eyes and take it. Here you have to shut your eyes and give it."
  39. Now I'm not so sure by deanc · · Score: 3, Funny

    Hm. Suddenly, the fact that Steve Forbes, of all people, supports more limited copyright laws makes me suspect that I might be wrong about my advocacy of Lessig's ideas.

    Kind of like how knowing that Pat Buchanan is against the war in Iraq makes me wonder whether it might actually be a good idea, after all. :)

  40. fa! by Anonymous Coward · · Score: 0

    Regretfully, I have to disagree with Mr. Forbes there. I can't think of one situation where it's justifiable to extend a copyright beyond some standard and fixed length of time.

  41. Um, amendments? by theCoder · · Score: 2, Informative
    Congress can't change the constitution?


    Article V

    The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.


    Maybe not alone (they need 3/4 of the states to approve the change), but Congress ceratinly can try to change it. I do kind of wonder how well that would be received, since a lot of people I talk to don't even know what the public domain is. Not that I want an amendment like that tried, though :)

    Also, IMO (which doesn't count for squat legally :), Lessig's solution doesn't violate the constitution, especially considering the recent Eldred v. Ashcroft case. Congress would be securing for limited times (such as a year) each time the payment is paid. And paying for each limited time is no different than the current copyright extension going on, which the Supreme Court says it can't do anything about.

    I do agree with your assesment that the length of copyrights are way too long. I find it disturbing that nothing copyrighted today will ever enter the public domain within my lifetime. I agree that that's not right. I wish we could get some Congress-people to agree.
    --
    "Save the whales, feed the hungry, free the mallocs" -- author unknown
    1. Re:Um, amendments? by frdmfghtr · · Score: 1

      I think what he meant is that Congress can't change to Constitution in spirit as easily as it appears to be doing with the copyright law. By extending the copyright to "death + 95" this is technically a limited time; the letter of the law is preserved, but the spirit of the law is suppressed.

      Congress is changing the spirit of the Constitution with such ludicrous copyright extensions. I would favor reverting back to the Copyright Law of 1790, which limited copyright to 14 years, renewable for fourteen additional years once (http://arl.cni.org/info/frn/copy/timeline.html). This gives the creator time to profit financially from ones works, it enriches the public culture, and is within the spirit and letter of the Constitution.

      --
      Government's idea of a balanced budget: take money from the right pocket to balance...oh who am I kidding?
    2. Re:Um, amendments? by Art+Tatum · · Score: 1
      You have to get a lot of people behind an amendment to get it passed; and that's extremely difficult. This is intentional. :-)

      But those who really want to change things have realized that you're much more likely to get what you want if you simply ignore the Constitution and use judicial activism to set precedent. We are extremely far from what our founders intended and almost none of the changes, relatively speaking, have been properly approved amendments to the Constitution.

      Also, having limited copyrights that are renewable an indeterminite number of times isn't really limited either. They can just keep renewing on and on. Copyright (and Patent, for that matter) wasn't intended to be a cash cow or a business model. It was a means of recouping the cost of publishing.

  42. Just extend it for 300 million years by timboy3 · · Score: 1

    If Congress wants to subvert the spirit of the Consitution in this regard, but stay within the letter of limited terms, all it has to do is extend the term of copyright for a really really long time. 300 million years after the death of the author seems like a nice, round, very large yet still finite number.

    Seriously, the entire difficulty with the Supremes maintaining that as long as the term is finite it is not their problem is that there are ways to have finite yet effectively unlimited terms. Repeated small extension is one, and one-time obscenely large extension is another. If Congress is being auctioned off with respect to this kind of legislation, then the courts must eventually summon up the will to draw some line that makes the copyright extension power limited in reality, not just in its syntax.

    1. Re:Just extend it for 300 million years by Doomdark · · Score: 1
      Not really. "Limited" as used in legal context -- as opposed to in mathematics or so -- likely has stricter meaning. Long period of time (or enough successive increments) likely would be declared not limited. Not that it'd be impossible to find a lawyer to argue otherwise, but that would be difficult case to make.

      Even more importantly, when interpreting constitution, judges do try to consider not just literal meaning, but also intention. Clearly intention wasn't to allow anything but whatever was considered reasonable limited period of time.

      --
      I like paying taxes. With them I buy civilization -- Oliver Wendell Holmes
  43. err by fluxrad · · Score: 1

    I think you're missing the point.

    --
    "It is seldom that liberty of any kind is lost all at once." -David Hume
  44. Re: american sheepdom by BroncoInCalifornia · · Score: 1

    They think they owe their parties and their contributors, but they really owe us the public at large.

    But the pols who do the wrong thing get the money. They can put on lots of ads on TV. The "american sheepdom" responds well to advertising and re-elects the wrong people.

    --

    Religion is the main cause of atheism.

  45. They already pay for copyright extensions... by DavidBrown · · Score: 1

    ...by making substantial reelection campaign contributions. Seriously, why else would most legislators care about this issue one way or the other? I am perhaps being more than a bit cynical here, but politicians must raise money to remain in office, and they have a tendency to listen to those who contribute to them (those that aren't outright 0wn3d by their contributors).

    The courts were our best shot at stopping this. And it didn't work.

    --
    144l. ph34r my 133t l3g4l 5k1lz!
  46. you might be more sure than you think by zogger · · Score: 2, Insightful

    --or just perhaps, you have noticed that the old left/right paradigm is really a too-generic description to be used for automatic "I agree with such and such because they are left wing" or right wing, and etc? Perhaps ideas are inherently more "human" than a direction or geographical area and those pre conceived constructs are not relevant any longer? Like right and wrong might be a better way to look at things than right and left.

    I know you got a funny mod on it and it was funny, but it's funny because it's true. I frequently find myself agreeing with a point some pol made, after which I don't agree much with them, and it goes across the political spectrum.

    As I get older I am less enamored of labels-applied, as I am of consistenency and results and logic and reason as pertains individuals. I guess that means removing one's self from the herd more and being more independent in thinking, using the right tool rather than some clique's currently "popular" tool. Something like that anyway.

    Simpler, party labels or identifying as a political "side" or "wing" are forced and artificial, and usually promoted from places that have an agenda that is primarily designed to keep people in general from unifying around their common ground. For instance, the "left wing" lately is becoming alarmed over the first amendment, some strict traditional right wing have long been alarmed over the second and the 4th, both wings are alarmed over the 5th, both should be alarmed over the 10th and 13th, so there exists enough common ground to stop and for both sides to look around and see if perhaps there is a commonality of agreement to see where these threats come from,and to note that the "other side" has had a valid point all along,that a lot of the supposed differences were induced rather than naturally occuring, and maybe it's time to cooperate instead of squabble.

    What I like to term "the goons", those of whom really control the planet and adhere to no particular bloc or wing outside of power and profit outside of their virtual congame labels, love to continue the charade game of "divide and conquer" because it is so immensely profitable for them, and because it is so easy for them to perpetuate this congame.

    That "game" is why they have been so successful. Now, that means, the more people who can admit to a certain amount of personal fake-out,just accept it and deal with it rationally, and who can then step outside the box and stop playing that game with "the goons", the better off all of us who are being exploited will be, no matter language, race, nationality, etc.

    Just my O there, hope it makes some sense.

  47. baby steps by PyromanFO · · Score: 1

    I can see this bill doing good, as a baby step. Basically it works like this, you increase the public domain with this bill, right? More recent works can be public domain, and people can enjoy the benefit of a larger base of works in the commons.

    Suddenly, the public can remember how copyright was originally supposed to work, and they can actually enjoy some of the public domain work again. A decade passes, and the public begins to realize that the Disney corporation and thier ilk don't have an automatic right to make money off thier work from 100 years ago. They can see what good public domain can do to a work, and will begin to want change.

    This might sound unrealistic, but think about it, how many interesting and useful things like Project Gutenberg will be created and flourish if the number of works in public domain increases? If there are several "killer apps" for the public domain, showing what the internet can do to information distribution, suddenly everyone will want thier stuff in the public domain.

    An analogy would be open-source. The "killer apps" are things like Linux, Apache and Sendmail. They haven't changed copyright law, but what they are doing is making several businesses think about giving thier code away under the GPL, which is similar to the public domain in this analogy. This is helping to increase the amount of code being shared, and helping people understand the change that the internet has brought to intellectual property.

    All we need are a few "killer apps", profitable and popular works of art that are either given away freely or where the copyrights have expired, in order to start changing peoples minds.

  48. Big deal by dachshund · · Score: 1
    Too bad it's not a good way to respond. Consolidated publishing will simply pass the cost of renewal to the reading public

    Maybe because it came from Steve Forbes, you're assuming that the costs will be high. They needn't be much more than the cost of registering the item in a database. Maybe $10 every ten years, or less.

    I don't see this bankrupting the reading public. Any work that sells more than a dozen copies is hardly going to be significantly over-priced because of this.

  49. Re:Congress' Obligation by Anonymous Coward · · Score: 0

    Wow, you really have no concept of irony on your planet...

  50. Profits by DragonMagic · · Score: 1

    Don't forget that Sony thinks that Spider-Man made no profit... Profits, like any stats, can be fudged in any way people see fit.

    --

    Human nature is the same everywhere; the modes only are different. -- Earl of Chesterfield
  51. Re:Congress' Obligation by Art+Tatum · · Score: 1
    Congress has no obligation to be corrupt and do what "paying constituents" want them to do. Their real obligation is to do what is right for the people of the USA.

    Many of those people would be out of work if the (admittedly ridiculous) Copyright industry were to fall. That's why being responsible for political decisions is such a tough and thankless job.

    Don't get me wrong; those who have read my posts on the subject know that I think the concept of Intellectual Property is completely contrary to the Constitution and needs to go away. At the same time, however, a lot of people are putting food on the table because of this twisting of the Constitution. And I'm not just talking about CEOs and CFOs (though I certainly care just as much for their financial well-being as for others--they're not necessarily the terrible ogres or idle playboys that some people fashion them to be).

  52. you missed it! by twitter · · Score: 1
    Maybe because it came from Steve Forbes, you're assuming that the costs will be high. They needn't be much more than the cost of registering the item in a database. Maybe $10 every ten years, or less.

    It's not what it costs the publisher, it's what the information is worth to you. People already spend the equivalent of a life savings on higher education. Eternal copyrights will move a larger chunk of that money to publishers. Publishers will also be able to extort more money from public university students. It's already happened in technical journal publishing and the practice will continue to expand given the powers granted in the name of "unimportant" publications such as movies and music. I don't care who said it or what their intentions are, the consequenses are clear and beter deals can be had.

    --

    Friends don't help friends install M$ junk.

    1. Re:you missed it! by dachshund · · Score: 1
      Eternal copyrights will move a larger chunk of that money to publishers.

      I don't believe in eternal copyrights, which are, after all, unconstitutional (in theory.) I see paid renewals as a simple revival of the old registration requirements. Copyright holders should be required to make some token demonstration that they feel their copyrights are worth continuing, so we don't wind up with the current situation-- where 98% of old copyrighted materials are more or less abandoned by their publishers, but still can't pass into the public domain because of blanket copyright law.

  53. Solution - chance of implementation is nill by Anonymous Coward · · Score: 0

    Form a P2P network that places all works 75 years after date of publication free for download. Base servers in countries that are not Berne-signatories. Let anyone host unofficial servers.

    ObProblem: anyone wanting the latest pop hit will try to get it hosted on the servers.

    ObBastards: How few non-copyright-expired animated films has Disney made? Can the Brothers-Grimms' kids sue?

    Rick

  54. None of you guys write anything worth copyrighting by Anonymous Coward · · Score: 0

    I love to read all of the self-righteous anti-Disney/anti-Microsoft/anti-copyright-extensio n posts here on Slashdot.

    Let's face it: most of you are NOT creative enough to write anything-- be it a song, book, or script -- worth copyrighting. Nobody will remember anything you wrote 20 years from now. That's why you are against copyrights and Disney, etc. etc. ad nauseum . In fact, this explains why most of you like the endless KDE and Gnome ripoffs of the look-and-feel of the Windows GUI's, while simultaneously bashing Microsoft's interface as a rip-off of the Macintosh. You aren't creative, you aren't innovative, and you only know how to duplicate other people's work.

    Folks, this is a THIRD WORLD MENTALITY and I'm sure a large share of Slashdotters are from the Third World. (This might explain the frequent anti-Americanisms/anti-captitalistic posts on this board). There's a reason you folks are in the "Third World"; it's because the majority of your society, or the people in power, have this mentality.

    I'm not going to say that all captialism is good; indeed, it needs to be restrained, especially when it destroys the environment, or endangers lives. Extending a copyright does none of these things.

    Imagine good things. Imagine an evironmental activist writes an e-book that sells in the millions. Movies are made based on the book, and the royalties for the work are plowed back into environmental research -- FOREVER. Wouldn't that be a great thing? You may say, "Yeah, well no Big-Evil-Corporation (TM) does that." Maybe it's because they have never felt the pressure. Maybe this is an unconventional thing to do. Maybe it's because technology has never advanced -- until now -- where affordable off the shelf equipment can compete with the Big Boys (TM). In many areas, the little guy can compete with the big guys, but the little guy has to be smart about watching those pennies. One way to keep the pennies coming is to respect creative work and to respect those copyrights, because they can work IN YOUR FAVOR, and allow you to be philanthropic with your profits. You can never become a Big-Benevolent-Corporation (TM) that can fight the Big-Evil-Corporation (TM) otherwise.

    Back to Lessig. Lessig is a self-promotional publicity hound and hypocrite. If he believes so feverently in copyright limitations, why does he publish books for payment, instead of releasing them for free on the Web? Is he really fighting for the rights of the "common person"? If so, why is drawing a huge salary at Stanford Univesrity, a private university, rather than working at a public university, where he could serve a larger, and less wealthy, audience?

    Yeah, go ahead: Call this a troll. But don't tell me that Forbes' article, and Lessig's constant railings (aka LAWSUITS) aren't trolls either.

  55. Re:None of you guys write anything worth copyright by Anonymous Coward · · Score: 0

    Hey Straw Man. In return for the state protecting your exclusive rights for a given amount of time, you give up all rights after that time in order for all to bask in the glow of your genius.
    Geez, why are people so dense. It's not Disney that pisses people off, it's their hypocrasy. And their version of the Jungle Book sucks. Let's hope they don't try to turn Kim in to a cute ragamuffin story.

    Rick

  56. Doesn't solve freelancer's problems... by wardred · · Score: 1
    I can think of at least one group this would hurt: freelance writers. To be able to maintain themselves, freelancers typically sell articles as many times as they can. They sell first time rights to the "largest", best paying magazines first.

    Later, they sell this article to a magazine that's probably less known, and doesn't mind selling things that have already been published. They make less money, but if they can do this once or twice with every article, it really helps their income.

    The problem turns up when you look at how much work a true freelance writer produces. It's already a large task keeping track of a dozen magazine articles, and even more newspaper articles, all at the same time. (And this is at one go. They have to keep track of much more over time...)Now they have to tag all their dozens, if not hundreds of articles and file for copyright renewal as well, each one expiring at different times?

    If we were to do something like this, I'd put the onus on a company that buys rights to publish material X indefinately. (Not first time rights. That already has a more or less set timeframe on it.) I wouldn't make it the onus of individuals. Those who truly rely on the system for their bread and butter would be hurt by it.

  57. *You* are information by alienmole · · Score: 1
    Algorithmic information theory and quantum physics disagrees with you...

    Of course, neither of those are real people, so by your narrow perspective, perhaps they can't really disagree with you.

    My definition of tard would be: someone who criticizes that which he does not understand, thus entering a sad, self-perpetuating cycle of tardhood. Open your mind.

  58. Re:The proposed payment for extension is good, but by Anonymous Coward · · Score: 0

    You forgot this famous quote:

    "I am a goat fucker."

    George Washington Bush

  59. Spoken by Marx's+Ghost · · Score: 1

    like a true imperialist. Yeah, maybe Afghanistan will be a good place for a vacation.

    Germans were more militaristic? Totalitarianism was far more popular? How do you measure this? Hitler's uniforms for the military? This is not political analysis, man. Sounds like a high school history teacher.

    If you kick out Hussein "and his oligarchy" without a sense of the future, you'll get exactly what happened in Afghanistan in the eighties and nineties. The US financed Bin Laden to fight against the government, in the following power vacuum the incredibly reactionary Taliban assumes control. Oh, forget it...

    1. Re:Spoken by Art+Tatum · · Score: 1
      Yeah, maybe Afghanistan will be a good place for a vacation.

      Yep, sounds dumb. You got any better ideas for what they could use for industry?

      Germans were more militaristic? Totalitarianism was far more popular? How do you measure this?

      Because I've read diaries and autobiographies of people who were there and who were involved in the political atmosphere of the day. Paternalism was the order of the day. In fact, the German industrial leaders put Hitler in power in the first place because they thought he would be easy to control.

      If you kick out Hussein "and his oligarchy" without a sense of the future, you'll get exactly what happened in Afghanistan in the eighties and nineties.

      Isn't that what I just said?

      The US financed Bin Laden to fight against the government, in the following power vacuum the incredibly reactionary Taliban assumes control.

      I'm aware of this, thank you. Except bin Laden wasn't fighting against "the government". He was fighting the Soviets.

      Oh, forget it...

      Lecture me, O great one. Brother...

  60. Last Post! by alpg · · Score: 0

    Dear Emily:
    I collected replies to an article I wrote, and now it's time to
    summarize. What should I do?
    -- Editor

    Dear Editor:
    Simply concatenate all the articles together into a big file and post
    that. On USENET, this is known as a summary. It lets people read all the
    replies without annoying newsreaders getting in the way. Do the same when
    summarizing a vote.
    -- Emily Postnews Answers Your Questions on Netiquette

    - this post brought to you by the Automated Last Post Generator...