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O'Reilly Commits to Short Copyright Durations

Sam King writes "I found the following link on the lisnews.com site: O'Reilly Adopts 1790 Copyright Durations. A small but encouraging step taken by a publisher." We should provide direct links to O'Reilly's announcement and the Founder's Copyright website.

336 comments

  1. Interesting but... by madman101 · · Score: 5, Insightful

    How long are computer books useful these days?

    1. Re:Interesting but... by Anonymous Coward · · Score: 5, Insightful

      K&R C still classic and good

    2. Re:Interesting but... by Arcturax · · Score: 5, Insightful

      Probably not that long, but that is part of the point. How useful is steamboat Mickey to Disney anymore other than to use as filler on an overpriced DVD?

      Also, sometimes good ideas come out of old books, ideas that were valid then and still valid today. I imagine "Unix in a nutshell" will be as useful twenty years from now as it is today.

      --

      --Won't that be grand? Computers and the programs will start thinking and the people will stop. - Dr. Walter Gibbs
    3. Re:Interesting but... by NanoGator · · Score: 5, Insightful

      "How useful is steamboat Mickey to Disney anymore other than to use as filler on an overpriced DVD?"

      That's part of the reason to keep copyrights short. Encourage more diverse growth. Why invent a new character when you have a monopoly on the one you've got?

      --
      "Derp de derp."
    4. Re:Interesting but... by Anonymous Coward · · Score: 1, Interesting

      Mickey is still quite useful (and valuable) to Disney. It's practically their logo. They still make money licensing the character. Et multiple cetera. It's clear why Disney would want continued protection of their copyrights, just as it's clear why O'Reilly doesn't care about extended duration on theirs.

    5. Re:Interesting but... by Anonymous Coward · · Score: 0

      How useful is steamboat Mickey to Disney anymore other than to use as filler on an overpriced DVD?

      The very fact that you remember "Steamboat Willie" (although evidently not the name) indicates that the property has value to its owner. Whether you think it SHOULD have value or not is beside the point. The point is that it DOES have INTRINSIC value, and that value should be recognized and protected by the law.

      So many people are confused about this point. Copyright does not imbue a work with artificial value. It is merely the legal recognition of a work's INTRINSIC value. To artificially and forceably seize a work into the public domain while that work still has intrinsic value to its owner is the tyranny of the commons, and it's unacceptable.

    6. Re:Interesting but... by SoftCoreHonesty · · Score: 5, Informative

      You are confusing copyright and trademarks. Disney holds several trademarks on Mickey Mouse and his likeness. Trademarks can be renewed forever.

      The copyrights for Steamboat Willy are for the screenplay and the actual movie only. These copyrights should have run out long ago.

      Even if "Steamboat Willy" becomes public domain people would still have to pay Disney to use Mickey Mouse.

    7. Re:Interesting but... by xanadu-xtroot.com · · Score: 1

      Why invent a new character when you have a monopoly on the one you've got?

      Because it's boring.

      I don't know about you, but I have a son that'll be 4 in June. He's really into Dinosaur. Ya know, that 100% CG movie with Aladar and the Lemurs and the Carataurs and all that. I know I'd plink down cash for a sequal to that. Same goes for a Toy Story 3 (should one ever get made). A CG Mickey?
      Booooooring...

      --
      I'm not a prophet or a stone-age man,
      I'm just a mortal with potential of a super man.
    8. Re:Interesting but... by SoftCoreHonesty · · Score: 5, Insightful

      Wow. Are you way off base. Copyright is a government endorsed temporary monopoly on the distribution of a creative work. It is intended to be a short term incentive to artists to create and be rewarded for their work. Copyright law has nothing to do with the intrinsic or perceived value of a title. The worst novel is protected just as equally as the best.

      In your mind I assume that the works of Tolstoy, Shakespeare, Dickens, Milton, etc. should all still be copyright protected because they still hold value? I am not sure how you can justify that one.

    9. Re:Interesting but... by plague3106 · · Score: 1

      14 years + a 14 year extesion should be plenty of time for you to see the sequels to the movies you mention...

    10. Re:Interesting but... by cpt+kangarooski · · Score: 2, Interesting

      Even if "Steamboat Willy" becomes public domain people would still have to pay Disney to use Mickey Mouse.

      Then it doesn't sound like it's in the public domain to me. The only sensible answer is that the trademark on the character cannot block other people from using the character in order to make derivative works or to duplicate the existing public domain works.

      It sounds like a nominative use to me -- it _IS_ Mickey Mouse. There's no getting around it. It isn't as though the derivative creators can reasonably call him something else.

      At best Disney could only retreat to a trademark on "Disney's Mickey Mouse" and even that wouldn't be likely to work for straight reproductions of actual Disney Mickey Mouse materials.

      Roughly the same thing already goes on with their fairy tale cartoons. Disney cannot stop you from making movies about Aladdin, and calling them Aladdin. But they can stop you -- for now -- from calling them Disney's Aladdin.

      --
      -- 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.
    11. Re:Interesting but... by mOdQuArK! · · Score: 5, Funny

      Dunno, I might pay a little to see Micky get eaten by a dinosaur.

    12. Re:Interesting but... by cpt+kangarooski · · Score: 1

      SoftCore is absolutely right here. Your post is totally wrong.

      --
      -- 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:Interesting but... by Anonymous Coward · · Score: 2, Interesting

      Wow. Are you way off base. Copyright is a government endorsed temporary monopoly on the distribution of a creative work.

      Wow. Are you way off base. Copyright is the legal recognition of an author's natural property rights over his creation.

      It is intended to be a short term incentive to artists to create and be rewarded for their work.

      It is intended to provide legal protection for the rights of creators, just as laws against burglary extend legal protection to the rights of property owners.

      Copyright law has nothing to do with the intrinsic or perceived value of a title.

      Copyright law is based on extending legal protection to the intrinsic value of a work.

      The worst novel is protected just as equally as the best.

      The worst novel is protected just as equally as the best because the worst novel has the same intrinsic value as the best novel. (I guess you're unclear on what "intrinsic value" means. Here's a hint: it's the opposite of "extrinsic value." It has nothing to do with the market, or what somebody else thinks of a work. See if you can figure it out from there.)

      In your mind I assume that the works of Tolstoy, Shakespeare, Dickens, Milton, etc. should all still be copyright protected because they still hold value?

      Yes. They should. They can't be, though. Read on.

      I am not sure how you can justify that one.

      Easy: copyright should be permanent. In a perfect world, creators and their delegates would have perpetual rights over their creations. But because we, as a society, recognize that our civilization as a whole benefits when works are owned by no one and freely available to all, we seize works after a certain period of time. But because the good of society NEVER outweighs the good of the individual (this is a fundamental tenet of modern political theory), we MUST NOT seize works until such time as doing so would not inflict harm on the creators. As long as a creator or delegate can make the convincing case that seizure of a work would inflict undue harm, as Disney has repeatedly done, then the term of copyright MUST be extended. Anything else is unjust, and in fact unconstitutional. (Remember the 4th Amendment? Protection against unreasonable seizures of property?)

      You have a really messed up idea of what copyright means. It's almost completely backwards. Did you know that?

    14. Re:Interesting but... by sketerpot · · Score: 1

      The problem with unintended sequels is that typically they have the same characters but all the inspiration of the first movie is used up. They're just trying to squeeze some more money from a movie that did well. Dinosaur had the thing about finding a new home and running from something that would eventually wipe out the protagonsists' descendents. What would a sequel be like? Just a rehash, probably. Sigh.

    15. Re:Interesting but... by neurostar · · Score: 1

      Then it doesn't sound like it's in the public domain to me.

      Steamboat Willy isn't the same as Mickey Mouse

    16. Re:Interesting but... by Anonymous Coward · · Score: 0

      Sorry, but SoftCore is almost completely wrong. Read this. Respond to it, if you feel like it. But don't just go "nuh-uh," okay?

    17. Re:Interesting but... by banzai51 · · Score: 1

      The Disney Corporation is entitled to Constitutional protection? Since when? When do they start voting?

    18. Re:Interesting but... by MacJedi · · Score: 1
      But because the good of society NEVER outweighs the good of the individual (this is a fundamental tenet of modern political theory)

      I suppose your modern political theory doesn't include things like quarentines?

      Or perhaps even laws...

      /joeyo

      --
      2^5
    19. Re:Interesting but... by Anonymous Coward · · Score: 0

      Corporations are legal persons. Yes, they are entitled to constitutional protection. You can't walk into Disney's headquarters and conduct a search without a warrant, or seize their property without due process. The 4th amendment applies there just as it does in a private home.

    20. Re:Interesting but... by Anonymous Coward · · Score: 0

      That's part of the reason to keep copyrights short. Encourage more diverse growth. Why invent a new character when you have a monopoly on the one you've got?

      What disney is trying to do is protect mickey's image through copyright, when they should really be doing it through trademark. I don't know why they don't do it that way. Mickey has very little to do with the money they're currently making on TV or in the Movies. He does, however, make a recognizable character at their amusement parks and stores, as well as on merchandise.

    21. Re:Interesting but... by renehollan · · Score: 3, Interesting
      In your mind I assume that the works of Tolstoy, Shakespeare, Dickens, Milton, etc. should all still be copyright protected because they still hold value? I am not sure how you can justify that one.

      I agree with your objection that copyright intervals should not be tied to some perceived (and, no doubt subjectively determined) intrinsic "value" to a work.

      However, if a work does have high value, as measured by the degree to which it can be exploited in the market place for profit, there will be a desire on the part of the copyright holder to retain the copyright as long as possible. Hence, high-priced lobbying for effectively infinite copyright terms and extentions.

      Understanding this, I wonder if it would be unreasonable to permit copyright extentions, at increasing cost, beyond the initial term (granted at no cost because of no need to formally file to get protection). The revenues collected could be redirected back to promote the development of new works.

      Yes, this smells like a tax, and, as a libertarian, there are few things I detest more than taxes, particularly new ones. However, the only protection one has for a monopoly to reproduce and distribute an original work, is consent of the consumer, presumably obtained (if not by direct contract), by laws relating to issues of what could be called "intellectual property" (encompassing copyright, patent, and trademarks, in different ways). Enforcing such protection requires funding, and this "extended copyright tax" could also be a source of that funding.

      These are partially baked ideas, and I reiterate that my initial reaction to such a "tax" revolts me, but I would not dismiss the notion of financial consideration in exchange for granted copyright extention out of hand.

      --
      You could've hired me.
    22. Re:Interesting but... by GigsVT · · Score: 1

      Copyright law is based on extending legal protection to the intrinsic value of a work.

      The value of something that can be infinitely duplicated is zero.

      The only thing giving it value is the artificial scarcity created by copyright laws.

      There is no need to confuse the issue with semantics.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    23. Re:Interesting but... by JosefK · · Score: 2

      Copyright is the legal recognition of an author's natural property rights over his creation.

      Please prove that such things as "natural property rights" exist, sans tautological reasoning.

    24. Re:Interesting but... by banzai51 · · Score: 1

      So answer my next question, when do they vote? They are not treated as full legal persons. Not all protections are seemlessly applicable to a corporate entity. Corporations also have limits on their speech.

    25. Re:Interesting but... by Anonymous Coward · · Score: 0

      Please prove that such things as "natural property rights" exist, sans tautological reasoning.

      It's a value thesis. It's inherently unproveable. Your challenge is equivalent to saying, "Please prove that a baby has value." Either you accept that it does, or you don't, and logical constructs have nothing to do with it.

    26. Re:Interesting but... by Anonymous Coward · · Score: 5, Insightful

      Ideas are not property. Inventions are not property. Copyright laws weren't invented to protect 'property' (there are other laws for this, dealing with 'larceny') but to allow creative sorts some measure of time to profit from their work before said work was turned over to the commons.

      It was a fundamental assumption of the Founding Fathers that no man could own an idea or an invention, that all creative work was derivate of work that came before it, and therefore that it must eventually be given over to the public (in essence, nothing you do in this regard is ever truly original). One of the great Orwellian word-plays of the day is to take intellectual labor and turn it into intellectual 'property', equating it to physical property. Just look how many people buy into the nonsense, and actually argue in support of it!

      Copyrights are not about protecting property but about protecting the motivation of people to create, by giving them a decent time to profit from creativity. There is no 'property' in these endeavors, nor has there ever been any property. The entire concept of property is utterly irrelevant when it comes to copyright, although there are plenty of brainwashed idiots who take what's spoon-fed to them and parrot it endlessly, letting others do their thinking for them.

      The problem with long copyrights is relatively straight-forward: what you invent is by necessity based upon all relevant inventions, research, and science that's gone before you. Your invention would not have been possible if these things had not been available to you. Overly long copyrights make it possible to stifle or even bring creation to a screeching halt because they profit only those invested in the status quo. Why bother to invent thing x if Company ABC is going to sue you for it, or require an enormous licensing fee, because your invention stands upon the shoulders of what they've done? In essence, these copyright laws claim that Company ABC is perfectly justified in claiming ownership not only in what they invented, but also everything that's gone before their invention - and that future potential inventors aren't allowed to do the same.

      Remember, we live in a society where copyright extends to 1-click shopping and naturally occurring phenomena, like genes. You don't even have to invent something derivate, you simply have to yell 'dibs!' fast enough to get a patent. And once you do, it's wholely within your power to put an end to any invention based upon whatever you've copyrighted, or to make the price of entry so high most folks won't bother.

      According to the U.S. Constitution, the highest law in the land, there exists one and only one justifiable reason for copyright:

      "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; "

      Anything else is bullshit, and uncontitutional besides.

    27. Re:Interesting but... by Anonymous Coward · · Score: 0

      So answer my next question, when do they vote?

      Uh. They don't. Are we really going to have to go all the way back to basic political theory stuff here? Corporations are considered legal persons. They are not enfranchised. They are extended all the protections that are extended to the individual, including the right to own property, and the right to be secure in their property.

      Corporations also have limits on their speech.

      Only to the same extent that everybody does. Commercial speech is not protected in precisely the same way that political speech is protected. It doesn't matter if you're selling lemonade on your front lawn or if you're a multitrillion-dollar international conglomerate. The protections extended to your speech, and the limits on those protections, are the same.

    28. Re:Interesting but... by milo_Gwalthny · · Score: 2, Insightful

      Constitutional protection of corporations as people has been applied in limited way since the late 19th century as a result of a series of gilded age Supreme Court decisions. Derided at the time as pandering to the business classes, they remain precedent.

      --
      Milo
    29. Re:Interesting but... by milo_Gwalthny · · Score: 1

      Natural property rights don't apply to intangible property. Do we need to re-read Locke, perhaps?

      --
      Milo
    30. Re:Interesting but... by Anonymous Coward · · Score: 0

      The value of something that can be infinitely duplicated is zero.

      Again, there's a misunderstanding of the nature of intrinsic value here. Consider Citizen Kane. Let's assume, for sake of argument, that it's a digital work. Say you scan the film at 4K or something. That work can be infinitely duplicated. Does it suddenly have no value? Of course not. Just by looking at it you can see that Citizen Kane has value. Intrinsic value, not related to the market. Entertainment value, cultural value, inspirational value, informative value. Intrinsic value. Whether you are personally entertained or informed by something is not relevant; that's a question of extrinsic value. The relevant fact is that the work has the potential to inform or entertain or inspire or whatever, and that imbues it with inherent, intrinsic value.

      I'm disappointed in you. I used to read your posts when you were posting in Twirlip's journal. You mostly made sense, even though you were wrong a lot. Now you've just gone right off the rails.

    31. Re:Interesting but... by bcrowell · · Score: 4, Informative

      You're wrong on both points. Actually characters can be copyrighted. (To learn more about copyright law, try the relevant Open Directory category.) Mickey Mouse is protected both by trademark and by copyright. Also, Steamboat Willie came out in 1928, so it's still under copyright protection in the U.S. The last date whose copyrights were ever allowed to expire was 1922. So far congress just keeps on renewing 1923+ copyrights, and shows every sign of intending to keep renewing them until the end of time.

    32. Re:Interesting but... by Anonymous Coward · · Score: 0

      Constitutional limits on government power have been applied in limited ways since the late 18th century as a result of a series of gilded age Constutional Conventions. Derided at the time as pandering to the masses, they remain precedent.

      (For the irony-impaired: the "criticism" [for lack of a better word] leveled by Milo is neither valid nor meaningful.)

    33. Re:Interesting but... by milo_Gwalthny · · Score: 1

      Wasn't criticism, just exposition. You seem a bit defensive. Is that why you're an anonymous coward?

      --
      Milo
    34. Re:Interesting but... by JosefK · · Score: 1

      It's inherently unproveable.

      Well, exactly. Which means it's a bit daft to try and present either of the prior definitions of copyright as objectively (and obviously) true. But for some reason, it's much easier to deconstruct the idea that there are a priori "natural rights" than the idea that they are convenient fictions.

    35. Re:Interesting but... by Anonymous Coward · · Score: 0

      Natural property rights don't apply to intangible property.

      Yes, they do.

    36. Re:Interesting but... by Anonymous Coward · · Score: 1, Interesting

      Ideas are not property. Inventions are not property.

      Yes, they are.

      Copyright laws weren't invented to protect 'property'

      Actually, they kinda were. If you go back to the Statute of Anne in 1790, you'll see that it was created in response to the widespread unauthorized printing of books. See, the printing press was becoming more and more common, and unscrupulous printers were printing and selling copies of books without the permission of the authors.

      Wait. Go back and read that again. "Without the permission of the authors," I said. That implies that it was generally accepted that the author of a work has the right to grant (or refuse to grant) permission to a publisher for the use of his work. In other words, authors have property rights over their works.

      See?

      It was a fundamental assumption of the Founding Fathers that no man could own an idea or an invention

      That's not actually true, and even if it were it wouldn't necessarily mean it was right. It was a fundamental assumption of the Founding Fathers that Senators should be appointed by the state legislatures, too, but opinions on that point changed over time.

      One of the great Orwellian word-plays of the day is to take intellectual labor and turn it into intellectual 'property', equating it to physical property.

      Huh. Maybe you're confused as to what intellectual property actually means. Intellectual property is the RESULT of intellectual (or more often creative) labor. It's the end product, not the process itself. When I sit down and write a book, the work I do is not property. But the book that results from it is.

      There is no 'property' in these endeavors, nor has there ever been any property.

      So what's this four-inch-thick stack of pages here on my desk? It's the incomplete manuscript of my most recent novel. What is it? Imaginary?

      The problem with long copyrights is relatively straight-forward: what you invent is by necessity based upon all relevant inventions, research, and science that's gone before you.

      If copyrights effectively limited ACCESS to works, you might have a point. But they don't. In fact, copyrights ENCOURAGE access to works, by giving publishers a profit motive to print more copies of them.

      Why bother to invent thing x if Company ABC is going to sue you for it

      Are you confusing copyrights with patents? I think you are.

      Remember, we live in a society where copyright extends to 1-click shopping and naturally occurring phenomena, like genes.

      Aha, I knew it. You're confusing copyrights with patents. Please go read up on them, and do some thinking, then come back and discuss this some more.

    37. Re:Interesting but... by Anonymous Coward · · Score: 0

      I'm the AC who started all this with my response to SoftCoreHonesty. For the record, I didn't write the above post. But I agree with it. Your post was criticism, and it was invalid and lame criticism at that.

    38. Re:Interesting but... by Anonymous Coward · · Score: 0

      But for some reason, it's much easier to deconstruct the idea that there are a priori "natural rights" than the idea that they are convenient fictions.

      Our entire society and system of governance is based on the idea of natural property rights. Of COURSE rights are fiction. Everything that's not empirically measureable is fiction. The question is whether it's a useful and important fiction or not. I say it is. Arguing that it's not smacks of nihilism, which is ultimately useless and harmful to reasoned discourse.

    39. Re:Interesting but... by milo_Gwalthny · · Score: 2, Interesting

      Good comeback.

      Locke talks about propery being created from things found in nature to which a person has added "the Labour of his Body and the Work of his Hands" (from his Second Treatise, On Property.) The argument in Second Treatise clearly applies to actual labour, not ideas--read it and see. Also, read Nozick's commentary in Anarchy, State and Utopia. He agrees that property rights can not be claimed if by appropriating something from a state of nature, the rights of someone else are noticeably worsened. This clearly applies to ideas as it does not to, say, acorns.

      You seem like a smart coward, though, why not back up your retort with something concrete?

      --
      Milo
    40. Re:Interesting but... by Anonymous Coward · · Score: 1, Insightful

      I am also reminded of other timeless classics in the field. One good example is the "Dragon Book": Compilers: Principles, Techniques, and Tools by Aho, Sethi and Ullman...first published in 1986 and still used for coursework today.

    41. Re:Interesting but... by Anonymous Coward · · Score: 0

      But because the good of society NEVER outweighs the good of the individual...

      You have a really messed up idea of what copyright means. It's almost completely backwards. Did you know that?

      It's sickening to know there are actually people out there like you, so consumed by selfishness and greed, you have created your own distorted reality to live in that supports your beliefs.

    42. Re:Interesting but... by Galvatron · · Score: 4, Interesting
      You also wouldn't be able to use later changes. So if you wanted to make more movies about Steamboat Willy, you probably could. I'm not sure that he was called "Mickey" back then, so you wouldn't be able to use that name. You also would have to draw him the way he was drawn in the early cartoons (looking more like a rat, really), rather than as the child friendly icon he is today.

      Likewise with Aladdin, you can make Aladdin movies, but if in your movie Aladdin had a pet monkey, the princess had a pet tiger, and Jaffar had a pet parrot, you'd probably be hearing from Disney's lawyers.

      --
      "The question of whether a computer can think is no more interesting than that of whether a submarine can swim" -EWD
    43. Re:Interesting but... by milo_Gwalthny · · Score: 1

      My other posts are criticism. That post was, believe it or not, support. Corporations are considered people. There is undeniable legal support for that view. Although the idea is sometimes difficult to get a grip on, it has survived more than a hundred years of intense legal challenge.

      I don't believe, though, that a right created by the Supreme Court has the same legal validity as one created by a constitutional convention. Do you? The Supreme Court is clearly subject to politics (see the new deal and their response to FDR's court packing plan.) Sometimes rights the Supreme Court creates are clearly wrong (see Dred Scott.) In any case, a right created by the Supreme Court can be easily destroyed by the Supreme Court. Rights created by a convention are harder to destroy.

      --
      Milo
    44. Re:Interesting but... by JosefK · · Score: 2, Insightful

      I didn't say anything about whether it was useful or not. Some fictions are more useful and beneficial than others. The assertion of strong property rights is a useful fiction for people who have things and want to do whatever the hell they want with them, others be damned. The denial of property rights is a useful fiction for those who don't have things and want a piece of the action, but aren't as strong as the ones who do own things. The assertion of property rights limited to varying degrees by consensus of the members of a civil society seems a more useful and beneficial fiction than either of the extremes, and you can avoid messy things like arguing whether property rights are "natural" or not. Because if property rights were "natural", no one would be able to steal anything from anyone, now would they? ;o)

    45. Re:Interesting but... by Anonymous Coward · · Score: 0

      My other posts are criticism. That post was, believe it or not, support.

      Ah. Well, then, I apologize. The bit about "gilded age" and "derided for pandering" made it sound pretty derogatory to my overly sensitive... uh... eyeballs, I guess.

      I don't believe, though, that a right created by the Supreme Court has the same legal validity as one created by a constitutional convention. Do you?

      Yes, indeedy. The Constitution of the United States is a living document. Every day our courts interpret and apply it. That's what's allowed our government to last as long as it has.

    46. Re:Interesting but... by renehollan · · Score: 1
      The main objection with this idea is that it generalizes to that most hated of things: income tax (which is particularly odeous to a libertarian).

      Basically, one has to pay the state in order to exploit something for gain, thus drawing into question the notion of ownership of the thing exploited. If I have to pay a tax, to exploit something, how can the thing be mine to exploit? It isn't.

      Now, counterarguments generally take the form, "Ah but it is your's to exploit because you have denied the rest of us the capability to exploit it ourselves, and so we seek compensation." This, in fact, is the root argument for many forms of taxation.

      The question then becomes, is the thing exploited rightly considered property? And, if so, who's? Does an idea belong to the person who thought of it, or to everyone? If it belongs to "everyone" (i.e. no one), then it is reasonable to pay a "tax" to "everyone" for an exclusive exploitive right. If it belongs to the individual, then it isn't -- my work output is the result of my effort alone, so why should it be taxed? (The socialist will, of course argue, "Yes, this is true, but 'you' only exist by consuming resources that are this denied to the rest of us, and so, we have a right to your work output as well." My personal response, is that "Fine, I'll pay a tax to the sun, ultimate source of the energy that keeps me alive... how about the C02 I exhale, and the shit I excrete that may very well fertilize the land that produces the food you eat").

      However, in the same way that one learns that it may be cheaper to throw food at the starving instead of trying to kill them off, lest they steal one's crops, a having a right does not mean that expressing it to the fullest is necessarily economically optimal. The notion, therefore, of a "social contract" that establishes the extent of property rights is not one that should be dismissed out of hand: keeping 99.9% of the people from stealing "my" water has value, after all (liberal perversion of the notion of a "social contract" duely noted).

      The pressure to have social contracts increases when the cost of non-exclusive use, or exploitation is an opportunity cost, rather than a tangible one: letting someone my notebook does not deprive me of my notes, though it deprives me of the ability to charge for them. If others can freely copy a work I have written, my opportunity cost to provide reproductions has gone up, for I have to compete against the "knock offs". Yes, this is rather an odd way to look at opportunity cost, but it serves the purpose: I do The founding fathers and early occupants of the U.S. recognized the pressures at play when it came to intangables such as intellectual property and sought, via the constitutional basis for copyright, trademark, and patent law, to sought to strike a balance as far as property rights in these areas were concerened. The balance today, is very much out of whack, of that there is no doubt. However, the solutionm does not lie in letting the pendulum swing completely the other was, obliterating any notion of intellectual property save that which can be kept secret.

      The libertarian in me turns to the free market, and not state fiat to determine what this balance should be: it should be possible to exchange extended copyright terms for some other consideration in order to fund protection of these same terms. IOW, I share my "secrets" which are my exclusive property, secure in the knowledge that they will be used as I dictate. However, in order to obtain the policing necessary, I must pay for the service. How much I pay would, of course, depend, on how "popular" the works are. Fortunately, how much I would profit is also related to this popularity. Various providers of this "policing" (including, perhaps. the state) could thus quote me "copyright enforcement insurance" policies.

      --
      You could've hired me.
    47. Re:Interesting but... by Anonymous Coward · · Score: 0

      Because if property rights were "natural", no one would be able to steal anything from anyone, now would they?

      Okay, then let's talk about babies. What's one of the first words a baby learns? "MINE!" They don't learn that behavior from their parents. They learn the word, sure, but my little girl never saw anybody grab a toy and yell "MINE!" But it's something all kids do.

      Kids have to be taught to share.

      So there's a piece of evidence supporting the idea of natural property rights. It's instinct to consider ownership to be exclusive. And that instinct extends to non-physical property as well.

    48. Re:Interesting but... by SoftCoreHonesty · · Score: 1

      I am not sure what points you think I was wrong on but I think you are the one that needs to go back and read those OD links. Only a particular drawing of a character can be copyrighted. From the Library of Congrees - "Copyright protects 'original works of authorship' that are fixed in a tangible form of expression." The drawings of Mickey Mouse used in Steamboat Willie are copyrighted as of their creation date (not the date it came out) but the general idea of a mouse who wears short pants and has a high pitched voice can not be copyrighted only trademarked.

      People really need to do some research before posting.

    49. Re:Interesting but... by Anonymous Coward · · Score: 0

      Good comeback.

      It was right on par with yours. You said, "They don't." So I said, "They do."

      If you want to resort to quoting philosophers, this discussion will get old real quick. Why don't you use your own words to reason with me, instead of pulling out the old college textbook or whatever? I've read Locke, too, but I've grown up a lot since then and I've formed my own opinions. I would expect that you have, too.

    50. Re:Interesting but... by milo_Gwalthny · · Score: 1

      Well, I may believe the decision is valid, but I don't especially like it; thus the choice of words.

      Re-reading my post, "legal validity" was a poor choice of words. Of course Supreme Court precedent has legal validity. What I meant to say was a combination of legal permanence (as constitutional rights are meant to have) and moral suasion (as rights in general are meant to have.)

      --
      Milo
    51. Re:Interesting but... by SoftCoreHonesty · · Score: 1

      I don't have time to go through all of your uneducated crap today but I will make one additional comment:

      You said - "copyright should be permanent" and you talk about the 4th Amendment (which is totally unrelated but anyway...) of the Consitution.

      Well let's see what the Constitution really says about Copyright - "The Congress shall have power to . . . promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries" [Emphasis Mine].

      Now who seems backwards. I will let the rest of slashdot educate you on the rest of your post.

    52. Re:Interesting but... by arkanes · · Score: 1
      Your entire argument is based on the idea that an author has natural rights to his work - I'd disagree with you, for a number of reasons, and, in fact, if you read some of the Jefferson papers about copyright, so did the people who created our system.

      Basically, it works like this: knowledge, in nature has no intrinsic value. You can't take it away from someone, and giving it to someone else doesn't deprive you of it. In this way, it's fundamentally different that physical property, and therefore there is no "natural property right" to it.

      Copyright is a recognition that within society, IP does have value, and that the creator deserves some reward. It's also recognition that allowing people to make a living by creating works is of value to society, and therefore creates an artifical value for creative works, by granting a legal monopoly.

      The entire structure of copyright is a legal fiction - and that's why we have things like fair use exemptions and and (supposedly) limited durations. It's because the artificial right that we grant to creators has a specific goal, and that goal is to increase the creative commons (read the Constitution, it states this specifically). The usefullness of copyright exists ONLY in so far as it enhances the public domain, by causing more works to be created. Unlimited copyright is the exact opposite of this.

      Your depiction of society is also so totally wrong as to be laughable - the entire POINT of a society is that sometimes the good of the whole outweighs the good of the individual. That's why we have things like voting. The idea that the individual is important is actually a very new concept, socially speaking, and is hardly the foundation for society.

    53. Re:Interesting but... by DunbarTheInept · · Score: 1

      The difference is that I can't copy a statue quickly and easily. I can't copy a working automobile by plugging a blueprint into a machine and turning it on. I *CAN*, however, copy a bunch of text fairly fast with minimal effort. To label copying as theft is incorrect. The law might not see it that way, but the law isn't the final arbitrator of what words actually mean. In English, "copy" is something completely different from "steal". Copyright law exists specifically because the printed word is reproducable in mass quantities in ways nothing else was before the gutenberg press was invented, and so it needed different laws applied to it. With most things,
      it was sufficient to state that you can't steal it from someone. With written words, someone making copies of your work can devalue your work fairly fast, so something more was needed - hence copyright law. NO it's not about stealing your work - if someone steals your manuscript *and* makes copies without your permissions then two completely seperate crimes have just taken place,
      a theft and a copyright violation.
      the other person was right. Copyright is about granting temporary monopoly over all copies of your work - long enough to make money off it but not long enough to keep it out of the public domain forever.

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    54. Re:Interesting but... by SoftCoreHonesty · · Score: 2, Informative

      Disney holds a trademark on the phrase "Mickey Mouse" as it pertains to "Audio and visual recordings in all media." Trademark trumps everything else. If you want to take the story of Steamboat Willie and remake it into a gay porn movie you can as long as you don't say it is starring Mickey Mouse (that is after it become public domain). You could also take the original movie and repackage it along with a bunch of other PD movies and sell it on a DVD.

      What I think you are missing is that Mickey Mouse is the actual trademark not Disney's Mickey Mouse.

    55. Re:Interesting but... by JosefK · · Score: 1

      Oh please, tell me another. (Excuse me while I stifle my instinct to laugh out loud.)

      And when my two-and-a-half year old son grabs his cousin's car and yells "Mine!" (a term he never used until he was almost two, by which time he had learned plenty of other words)? Is that evidence that appropriation of another's property (e.g., theft, government exercise of eminent domain, colonization of foreign territories, etc.) is also a natural right?

      I'd say it's more likely to be evidence that children are born solipsists than that they are born natural rights advocates.

    56. Re:Interesting but... by Anonymous Coward · · Score: 0

      way to argue with your mod points, fuckers. for the record: somebody just spent two mod points moderating the parent post "overrated." immune to metamoderation, of course.

      lots of people disagree with the parent. i think he's full of shit. but that's no reason to mod him dwon. he's articulate and makes really good points. he's making me think. which pisses me off, but i respect it.

      stupid moderation system.

    57. Re:Interesting but... by milo_Gwalthny · · Score: 2, Interesting

      You want to re-argue hundreds of years of philosophy on Slashdot? Ouch. If you believe your opinions have more universal validity than Locke's or Nozick's, I suggest publishing them.

      I wasn't the one who dragged natural rights into this in the first place and, as mentioned by you (or some other equally indistinguishable AC--do you mind getting an ID so I can at least try not to tar other faceless people with my brush, such as it is?), natural rights are a value thesis. Arguing value theses will run into my weekend.

      But, seeing as how my Milo Gwalthny persona is especially opinionated, let's have at it. Why do you think intangibles are property. Of course, what you think property is, in the first place, has to be explained first. Why do you believe the ownership of property should be protected, in terms of morality as opposed to terms of economic efficiency? How is the deprivation of property, if known prior to said property's creation, undue harm? (Conversely, if copyright terms are extended post the creation of property, isn't that, then, a seizure from the public, who would have obtained ownership otherwise, and thus a violation of the fourth?)

      --
      Milo
    58. Re:Interesting but... by Anonymous Coward · · Score: 0

      To label copying as theft is incorrect.

      Theft means to take something that's being sold without paying for it, or to take something that's not being sold without permission. So yeah, copying IS theft.

      Copyright is about granting temporary monopoly over all copies of your work - long enough to make money off it but not long enough to keep it out of the public domain forever.

      No, sorry, that's not true. Read some of my other posts in this thread. (They're easy to spot. They're the ones everybody disagrees with.) I explain in great detail why copyright is NOT about GRANTING anything, but rather it's about PROTECTING the natural rights of authors.

    59. Re:Interesting but... by Anonymous Coward · · Score: 0

      But because the good of society NEVER outweighs the good of the individual (this is a fundamental tenet of modern political theory),

      I'm sorry but no.
      Jail is not good for the individual imprisoned but is good for the society. Or would you rather have murders, rapists, and others wandering your neighborhood?

      Taxes are not good for the individual but are good for society. Or would you rather not have public roads, libraries, police and countless other tax funded groups.

      Society is a compromise between what is good for the individual and what is good for the whole.

    60. Re:Interesting but... by Roxton · · Score: 1

      With regards to your last point, it's true that the individual being important is a relatively new concept, socially speaking, as you say. But we didn't go from social-centric rights to individual-centric rights (if I might so blatantly abuse the English language). We distilled family-centric into individual-centric.

      Family-centric was cool, because as a legal system, it had a heck of a lot more closure. Under vendetta law, even murder could be "paid for" by sacrificing a comparable member of the aggressor family to the victim family (servitude or blood). Of course, murder can't really be repaid to individualistic victims. Of course, we still patch up much of our broken system of individual rights with fun little legal terms like, "next of kin."

      -Roxton

    61. Re:Interesting but... by Blue+Stone · · Score: 1
      I couldn't disagree more with your statement, Mr Anonymous:

      "But because we, as a society, recognize that our civilization as a whole benefits when works are owned by no one and freely available to all, we seize works after a certain period of time."

      We don't seize works.
      A work that is copyrightable, is essentially free in it's nature. There are no natural inhibitions to it's freedom of movement or reproduction, aside from keeping it a secret.
      Whistle a tune, and someone else who hears it, can whistle it.

      Copyright is a government-enforced, artificial protection; a social construct, underwritten ultimately by the use of force, which seeks to impose restrictions on what people (who are subject to the law) can freely do with the material in question.
      When a copyrighted work's copyright protection ends, it is returned to the state that it originally had: that of freedom.

      Your statement, is, to put it bluntly, arse about face: the property is not seized, there is no property (aside from an original, the seizure of which would be theft) which to seize.

      Information is merely being set free of governmnet mandated monopoly.

      --
      Corporation, n. An ingenious device for obtaining individual profit without individual responsibility. - Ambrose Bierce
    62. Re:Interesting but... by jon787 · · Score: 1

      Nice Troll, but I must point a few small blunders out.

      But because the good of society NEVER outweighs the good of the individual (this is a fundamental tenet of modern political theory)

      Modern polictical thoery is based on the protection of the minority from the tyranny of the majority.

      Anything else is unjust, and in fact unconstitutional. (Remember the 4th Amendment? Protection against unreasonable seizures of property?)
      Yes I do remember that amendment:
      Amendment IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

      That amendment regards PHYSICAL items, nowhere does it touch on the topic of non-physical property.

      You might have been better off going along the lines of Article 1, Section 8, Point 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;

      Next time try harder

      --
      X(7): A program for managing terminal windows. See also screen(1).
    63. Re:Interesting but... by Anonymous Coward · · Score: 0

      Hmm. You seem to be thinking that my statement that "copyright should be permanent" was in reference to the way the laws are currently written. You need to improve your reading comprehension skills. You can see from what I wrote that I said IN A PERFECT WORLD copyrights would be permanent. But we recognize that civilization benefits when works are owned collectively, so we seize works after a given amount of time.

      See?

      I will let the rest of slashdot educate you on the rest of your post.

      Oh, please don't. If I'm as wrong as you seem to think I am, then you have a responsibility to the common good to educate me. I explained why I think your interpretation of copyright law is wrong. Not incorrect, but WRONG. Can you tell me that it isn't? Can you tell me that I've got the wrong idea, and that yours is right?

    64. Re:Interesting but... by GigsVT · · Score: 1

      The intrinsic value of Citizen Kane is not degraded or removed by infinite copies. You have argued this.

      Since infinite copies do not degrade or remove the intrinsic value, your earlier argument regarding copyright law existing to protect intrinsic value is meaningless.

      I really wish you would register so I could see who I am talking to.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    65. Re:Interesting but... by SoftCoreHonesty · · Score: 1

      My whole point (which you seem to be so entirely oblivious to) is that you can't use one part of the Constitution to defend your idea and ignore another.

    66. Re:Interesting but... by Anonymous Coward · · Score: 0

      Your entire argument is based on the idea that an author has natural rights to his work

      Yes.

      knowledge, in nature has no intrinsic value. You can't take it away from someone, and giving it to someone else doesn't deprive you of it

      That's not intrinsic value. That's extrinsic value. To judge whether something has INTRINSIC value or not, you have to consider that thing in complete isolation. You have to pretend the only things in the universe are you yourself and the object or idea in question. In that scenario, does an intellectual work have value? Yes, because it has the potential to educate, or inform, or entertain, or inspire, or in some other way affect you. So intellectual works DO have intrinsic value.

      In this way, it's fundamentally different that physical property

      Actually, in this way it's IDENTICAL to physical property. See, you're looking at everything through the lens of economic theory: scarcity. Intellectual property is not subject to scarcity in the same way that physical property is, so it has a different sort of economic value. That's all true. But it's not helpful in deciding whether intellectual property is INTRINSICALLY valuable or not. It's only helpful in deciding whether it's EXTRINSICALLY valuable. The difference is everything.

      The entire structure of copyright is a legal fiction

      So's the Bill of Rights. So's the Declaration of Independence. So, in fact, is EVERYTHING that's not empirically measureable. So what?

      The usefullness of copyright exists ONLY in so far as it enhances the public domain

      Uh-uh-uh. You're breaking the first rule of political philosophy again: the good of society does not outweigh the good of the individual. (This has been misunderstood in this forum before; let me clarify. The good of one individual can be weighed against the good of another individual. The good of a group of individuals can be weighed against the group of one individual. But the good of SOCIETY, this nebulous, collective idea, does NOT outweigh the good of the individual. Ever.)

      Your depiction of society is also so totally wrong as to be laughable

      Then laugh. Because you know what Ghandi said about people who laugh at you.

      That's why we have things like voting.

      Huh? No, the democratic system is based on the (ultimately flawed, but noble and useful nonetheless) idea that it provides the greatest good for the greatest number. Society as a whole doesn't benefit from democracy. Individuals do. Society as a whole is better served by a benevolent totalitarian state, if such a thing can be said to exist anywhere other than in our imaginations.

      The idea that the individual is important is actually a very new concept, socially speaking, and is hardly the foundation for society.

      The idea that the individual is important predates societies. It's the very nature of the ego. We are all important to ourselves, and to consider the good of some nebulous collective necessitates sublimation of the ego. Taken by itself, such willful sublimation might even be viewed as pathological. But in a pragmatic context, it's important for each person in a group to consider the well-being of the other individuals in the group. The problem arises when the sublimation of self-interest transcends beyond simply thinking of the other individuals to consideration of some abstract thing we call SOCIETY.

      I know this is heady stuff, but do you understand where I'm going with it?

    67. Re:Interesting but... by Anonymous Coward · · Score: 0

      Is that evidence that appropriation of another's property (e.g., theft, government exercise of eminent domain, colonization of foreign territories, etc.) is also a natural right?

      Nope. It's evidence of the idea that property rights are instinctive, and that we have to learn what is and what is not ours.

      So it's entirely natural that there should be dozens, or even hundreds, of posters on Slashdot who argue that copyright is artificial, or that it's limited, or that it's unfair. They are, speaking metaphorically, two-year-olds who are walking up to authors and creators and grabbing what they want and saying, "MINE!"

      Kinda puts the whole issue in perspective, doesn't it?

    68. Re:Interesting but... by ichimunki · · Score: 1

      Copyright is the legal recognition of an author's natural property rights over his creation.

      BS. A book is a physical object. This can be property. The story in the book is a mental construct that develops as a result of reading the book. This cannot be property because it does not exist except as an experience in the mind of the beholder.

      --
      I do not have a signature
    69. Re:Interesting but... by Anonymous Coward · · Score: 0

      Theft means to take something that's being sold without paying for it, or to take something that's not being sold without permission. So yeah, copying IS theft.



      No, it is not. The copyright infringer did not _take_ anything. They copied it.

      Using your definition of take, it might be stealing if I fix my own car instead of having a mechanic fix it!

    70. Re:Interesting but... by bcrowell · · Score: 1

      People really need to do some research before posting.
      See #6

    71. Re:Interesting but... by 5KVGhost · · Score: 1
      That certainly is an interesting perspective, but it is clearly not a perspective shared by the U.S. Consitution:

      "Section 8. The Congress shall have power...

      To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;"

      So, the government is granted the power to legally secure these rights on behalf of the creators for a limited time. The language used here is completely different from that used when discussing inherent natural rights as recognized in the Bill of Rights. That's because copyright is not an inherent natural right. It's exactly what it says it is: a means of encouraging the creation of new works by granting a temporary monopoly on something which by nature is infinitely reproducible and infinitely transferrable. After the limited term of the copyright expires the government has no further role; the writing and inventions revert to their natural state, where there is no exclusivity granted by law. I don't know how it can be made any clearer.

      It's absolutely absurd to claim that a set limit on copyright terms - as mandated by the Consitution and as embodied in the copyright law contemporary to the writing of the Consitution - is itself unconsitutional. Not only is there no such conflict to be found in the Constitution, but I think the folks who wrote both documents had a pretty clear understanding of the scope of 4th Amendment protections and the proper purpose of copyright.
    72. Re:Interesting but... by GrimReality · · Score: 1

      I have to agree with you on a logical basis.

      I was even more convinced by your appeal to ethical subroutines in our heads. This method is very effective in arguing with us, but it would have no effect what so ever if you were arguing against something unconstituional being lobbied by Walt Disney Inc. ;-)

      Furthermore, I wonder how the world would have been like, if your idea were implemented (i.e. in an ideal world). There are hundreds of works inspired by the works of other artists and the inspiration being not clearly defined from stealing, the legal system has only one choice: to consider it as stealing. The other artist, by the way, may or may not be harmed by the offending artist.

      Fortunately, or, unfortunately (I think both), we don't live in an ideal world.

      Thank you for understanding,
      Thank you
      2003-05-02 20:41:58 UTC (2003-05-02 16:41:58 EDT)

      [-10x10^128 Overrated]

    73. Re:Interesting but... by Anonymous Coward · · Score: 0

      You want to re-argue hundreds of years of philosophy on Slashdot?

      No, I want to argue NEW philosophy on Slashdot. You know, that thing about standing on the shoulders of giants.

      do you mind getting an ID

      As a matter of fact, I have one. I just choose to post anonymously. I decided some time ago that the karma game was no fun, so now I let my words speak for themselves.

      Why do you think intangibles are property.

      Why do you think that the sky is blue? It is patently obvious to me that works are property. Why do you think they're not?

      Why do you believe the ownership of property should be protected

      Because if it isn't, people will have a disincentive for getting together in groups. If property isn't protected, then the only way to be secure will be to hermit yourself off in a little hut. That'd be okay for you, but future generations benefit if people get together and cooperate.

      How is the deprivation of property, if known prior to said property's creation, undue harm?

      Deprivation of property is harm. Period, paragraph. (In this case, what's being seized is the rights to a work, so that's the source of the harm. In this particular case, we're talking about rights in terms of property, as opposed to the works themselves.) The question of whether a specific act of deprivation is harmful depends on the circumstances.

      Conversely, if copyright terms are extended post the creation of property, isn't that, then, a seizure from the public, who would have obtained ownership otherwise, and thus a violation of the fourth?

      No, because the fourth amendment extends no protection to stuff you WOULD HAVE gotten. Our Bill of Rights is not crafted in the subjunctive mood.

    74. Re:Interesting but... by rhizome · · Score: 1

      Theft means to take something that's being sold without paying for it, or to take something that's not being sold without permission. So yeah, copying IS theft.

      In the context of this thread you're making a leap of logic that doesn't hold up. In the slow process of copying a statue, you start out with a blank block of marble (or whatever). The people selling the statues aren't selling blocks of marble. They're also not selling chisels or hammers (in the context of 'selling a statue', let's presume that's all they do). So where are you locating the act of theft? Nothing that is being sold is being "taken".

      You go on to assert that "taking something that's not being sold" constitutes theft. Are you serious? What if the "something" isn't a tangible item, or if it isn't saleable? "Could be sold but isn't...hands off!" But perhaps you were being too brief and imprecise in your statements.

      As to your second point, there are no "natural laws" except the usual "death and..." jokes. Everything legal and legislative has been invented as an evolved means of dealing with the issues of society. Also, "theft" is an artificial construct invented in response to the development of property laws.

      --
      When I was a kid, we only had one Darth.
    75. Re:Interesting but... by ichimunki · · Score: 1

      You're full of it. The notion of property depends on scarcity. Notice we don't generally speak of owning air. This is because under normal circumstances (i.e. you're not in an air-tight container or an excessively polluted area) anyone who wants to take a breath can do so without restricting the ability of others to also take a breath. Air is not a rivalrous resource. Neither are ideas.

      The four inch stack of papers on your desk is a four inch stack of papers. You could burn them all to a crisp and the ideas would still exist in your mind and in the minds of anyone who'd read the papers. Ideas don't exist except as processes within minds. In order to exchange ideas we sometimes fix their form on some piece of physical property.

      If ideas were property, we wouldn't have a second class of legislation which applies to them that is separate from existing legislation which prohibits theft, larceny, vandalism, etc. If I steal your book, I have taken a thing from your possession. If I "take" your idea, how is it that you still have the use of it?

      --
      I do not have a signature
    76. Re:Interesting but... by mpe · · Score: 1

      Ideas are not property. Inventions are not property. Copyright laws weren't invented to protect 'property' (there are other laws for this, dealing with 'larceny') but to allow creative sorts some measure of time to profit from their work before said work was turned over to the commons.

      N.B. Nowhere in this is there a guarentee that a specific work will produce profits.

      The problem with long copyrights is relatively straight-forward: what you invent is by necessity based upon all relevant inventions, research, and science that's gone before you. Your invention would not have been possible if these things had not been available to you. Overly long copyrights make it possible to stifle or even bring creation to a screeching halt because they profit only those invested in the status quo.

      They can also stifle creation of new material because someone is still making money off something they did a long time ago or they are waiting for something old to start making money.

      Remember, we live in a society where copyright extends to 1-click shopping and naturally occurring phenomena, like genes.

      The latter is more a patent issue. But neither copyright or patents were ever intended to address where something can self replicate.

    77. Re:Interesting but... by a1englishman · · Score: 1

      I don't believe we need that trans-species oral s*x on the Internet.

    78. Re:Interesting but... by milo_Gwalthny · · Score: 2, Interesting

      Well, this stuff has been prettily thoroughly hashed out in the literature. I only brought up Locke because most people don't seem to realize that the philosophical definition of property has occupied almost as much time of our greatest thinkers as justice, and had a much more significant effect on our government and laws, if not morals. I don't think I'm up to standing on the shoulders of giants here, the air is pretty rarified.

      Hard to argue with the old "they are because I say they are." It may be patently obvious to you, but it can't be that obvious if you can't even defend it. Goods are property because you have given something for them: your labor (originally, later, your money.) What have you given for an idea? What if someone else has the same idea? Haven't they given exactly what you have, without depriving you of anything? Why don't they have the same property right in the idea you have?

      Natural rights are exactly that: rights that exist prior to a government; they have a moral validity. If, as seems to be the case, you would rather argue utility than rights, I would also prefer that. (You do seem to be getting mixed up between rights, utility and law, though, so we should try and figure out on which grounds we are arguing... trying to draw a line between any two would be a doctoral dissertation in the making.)

      If deprivation of property is "harm. Period, paragraph." then you must have a hard time holding down a job. You work, someone else gets your property. I doubt you really believe that is a hardship (although it was, essentially, the Marxist argument against capitalism.) You might argue that you know they will own what you create prior to your creating it, and they pay you, so they legitimately own the property (in the absence of you actually having arguments, I will put words in your mouth.) Similarly, if you create a work, knowing that your creation is yours for a limited time only and you decide to do it anyway, then you receive exactly the benefit you anticipated (or more if Congress decides to extend the term in the meantime.) You have not been deprived of anything. (Or, if it makes you feel better, consider the loss of rights a tax. Are taxes undue harm?)

      Well, it is officially the weekend, and the bar calls. So, not knowing who you are, I guess you get the last word, which I will dutifully read on Monday.

      --
      Milo
    79. Re:Interesting but... by mpe · · Score: 1

      Copyright law exists specifically because the printed word is reproducable in mass quantities in ways nothing else was before the gutenberg press was invented, and so it needed different laws applied to it.

      One property the Gutenberg Press had was it was only cheap per copy if a large number of copies were produced. Much the same applies to later technologies which used a similar business model to that already established by book publishers.
      We now have a situation where it is possible to copy something on a one off basis at very low cost. A bit more expensive with books, since you need something to turn the pages.

      Copyright is about granting temporary monopoly over all copies of your work - long enough to make money off it but not long enough to keep it out of the public domain forever.

      Also not long enough to set someone (and their grandchildren) up for life on the basis of a "one hit wonder". So that they could squander their talent. The idea of copyright, at least in the US, is to encourage the creation of new works.

    80. Re:Interesting but... by SoftCoreHonesty · · Score: 1

      I am telling you that after a work has become public domain you still can't use the characters if they are trademarked and you post a link to derivative works while a work is still under copyright protection. Is there a connection in there somewhere that I am missing?

      He is also incorrect in saying that using a character from one novel in another novel is a derivative work. Here is a better source for information on copyrights - Library of Congress. I recommend you start there instead of using non-lawyer interpretations.

    81. Re:Interesting but... by JosefK · · Score: 1

      It's evidence of the idea that property rights are instinctive

      No, that's evidence of selfishness. Property "rights" means you respect my ownership of my things and I respect your ownership of your things.

      we have to learn what is and what is not ours

      Umm. QED.

    82. Re:Interesting but... by Anonymous Coward · · Score: 0
      That implies that it was generally accepted that the author of a work has the right to grant (or refuse to grant)

      Rights != property. Just because you have the right to use or control something that does not mean that you own it.

      So what's this four-inch-thick stack of pages here on my desk? It's the incomplete manuscript of my most recent novel. What is it? Imaginary?

      That 4 inches of paper is real and yours. Any ideas they contain (or lack thereof) are not; they belong to everyone and no one. You are allowed temporary, limited control of these expressions to compensate you for the effort of writing them down.

    83. Re:Interesting but... by pyrrho · · Score: 1


      I guess you're unclear on what "intrinsic value" means. Here's a hint: it's the opposite of "extrinsic value." It has nothing to do with the market, or what somebody else thinks of a work. See if you can figure it out from there.)


      first off, this strikes me as very funny. Intrinsic is a relatively common word compared to extrinsic. I like the way you think. Well, other than all the parts where you are wrong... but with a flair for logical symettry.


      But because the good of society NEVER outweighs the good of the individual (this is a fundamental tenet of modern political theory),


      not really. Ayn sez that. Modern political theory is FULL of suggestions, and examples are easy to contrive, since people are not isolated and there are lots of interactions such that one can always show how individual actions have ramifications on others, allowing one to show to even an (honest) objectivist or libertarian that there are limitations to what you can do... even with your own property. (e.g. the river that flows through your private property is not yours to pollute at will, even if you have water rights).

      Another things is, if I write a private journal on paper and keep it in my home, that is property, and is protected. You may not steal it and sell it or steal it and keep it, at least not legally. Copyright is about duplication. I duplicate that journal and start selling it, those words are now written on someone elses property, in a book I own. The protection is for my invention which is now someone ELSE'S property.

      Ok, apply a few more nice logical symmetries to get out of that one! These laws are violating my ownership of that book! I can't memorize the words on my own piece of property and recite it in town? Don't tell me it's because of simple property rights... if that was the case, it would already be protected.

      It's more like, selling someone, giving them the property right, and still wanting control... "I'll sell you this house... but you must never build an addition or let anyone see it.

      --

      -pyrrho

    84. Re:Interesting but... by cpt+kangarooski · · Score: 1

      I'm not sure that he was called "Mickey" back then, so you wouldn't be able to use that name.

      He was. I have copies of all the black and white Mickey Mouse shorts. Steamboat Willy is actually pretty boring, but the other two 1928 shorts I mentioned are pretty good.

      Had Eldred been decided correctly, I would've been working on my own Mickey Mouse cartoons. Minnie, and a sort of proto-Pegleg Pete character also date back that far, so some good stuff could be done.

      You also would have to draw him the way he was drawn in the early cartoons (looking more like a rat, really), rather than as the child friendly icon he is today.

      Not at all. You could draw him in the original Ub Iwerks style. Or in a style derivative of that that WASN'T derivative of later copyrighted works. It could still be friendly and different; it just wouldn't look like the current Disney Mickey Mouse.

      No great loss there. Look at how many interpretations there are of other public domain characters from the Alice stories, or Oz, or myths.

      --
      -- 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.
    85. Re:Interesting but... by cpt+kangarooski · · Score: 1

      'Steamboat Willy' is the name of the first* Mickey Mouse cartoon. The title card says something like "Mickey Mouse in 'Steamboat Willy'" and the character is recognizably Mickey Mouse. I don't recall if he actually gets called that by another character or uses his own name, but there's no dispute as to who he is.

      Ironically the name of the cartoon, 'Steamboat Willy,' is based on a Buster Keaton short of the era, 'Steamboat Bill Jr.' and the score to 'Steamboat Willy' even begins with the first bars of the music from S.B.Jr.

      --
      -- 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.
    86. Re:Interesting but... by cpt+kangarooski · · Score: 1
      Trademark trumps everything else.

      I don't agree.

      For starters, the Constitution requires that copyrights expire. It doesn't say anything about trademarks; they're just an application of the commerce power. (a 19th century case held that the copyright and patent power couldn't be used for trademarks)

      Secondly, there are exceptions in trademark law, such as nominative use, that I think might apply here.

      And as noted, though this hasn't come up a lot in the past, there is the Comedy III case:

      First, the footage at issue here was clearly covered by the Copyright Act, 17 U.S.C. 106, and the Lanham Act cannot be used to circumvent copyright law. If material covered by copyright law has passed into the public domain, it cannot then be protected by the Lanham Act without rendering the Copyright Act a nullity. ...Essentially, Comedy III is arguing that the clip at issue falls under the protection of the Lanham Act because it contains elements that in other contexts might serve as trademarks. Had New Line used the likeness of The Three Stooges on t-shirts which it was selling, Comedy III might have an arguable claim for trademark violation. But we will not entertain this expedition of trademark protection squarely into the dominion of copyright law, to allow for Lanham Act coverage of a piece of footage taken directly from a film by The Three Stooges. Comedy III' s assertion that this clip is itself a collection of trademarks of The Three Stooges is unconvincing.


      At BEST there might be a claim regarding merchandising based on derivative works or public domain works. And even that seems sketchy to me.

      What I'm saying is that once a character hits the public domain, I don't think anyone CAN have a trademark in the character generally, e.g. 'Mickey Mouse.'

      It would no longer serve as a unique source identifier, which is what trademarks HAVE TO DO. Because anyone could reproduce or make derivatives of the character as a result of the copyright expiration.

      Tacking on the 'Disney's' to it would be needed to save it, I think.
      --
      -- 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.
    87. Re:Interesting but... by cpt+kangarooski · · Score: 1

      No, Soft Core, IS still right.

      I stand behind the arguments that the various posters have made elsewhere in this part of the thread as to why, and I've made the same arguements myself many, many times before, as you could see if you check out my posting history.

      Content isn't property, and copyrights don't exist to protect authors.

      The entire point of the system is to produce a societal good. Hell, the same is basically true of real property, but that system developed before anyone actually realized why it worked the way that it did.

      (And of course, Locke has no place in a discussion of copyright. I despise Locke. But check out Jefferson, who cribbed from Locke, but left out the bits that Locke got wrong. ;)

      Me, I really need to finish my reading for Federal Courts, and then type up my Fed. Cts. and Tax outlines. Exams are next week.

      But I aced IP last term, and I bet I aced Cyberlaw this term, so I must be doing something right.

      --
      -- 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.
    88. Re:Interesting but... by SoftCoreHonesty · · Score: 1

      There is a difference here. I am not talking about using a clip from Steamboat Willie in another work. I am talking about creating a new movie called "Mickey Mouse does Dallas" and using new artwork and script. There is no derivative here because you are not using any existing Mickey Mouse script and you are drawing your own version of Mickey Mouse. You could even draw Mickey Mouse to look like a real mouse or have a live actor mickey mouse and you would still have to deal with the trademark on the phrase "Mickey Mouse." Remember that the trademark is not on the image of Mickey Mouse but on the phrase "Mickey Mouse."

    89. Re:Interesting but... by lobsterGun · · Score: 1

      I take issue with your statement "we seize works after a certain period of time."

      I think it would be more clear to state that we cease to protect works after a certain period of time.

      The word 'seize' give the idea that the state would have the sole authority to distribute a work.

    90. Re:Interesting but... by cpt+kangarooski · · Score: 1

      I know what you're talking about. I understand fully the degree to which derivative works can be made.

      Personally I would like to make a cartoon starring Mickey Mouse, but with original art and story. If Eldred had come out correctly I would already be working on it!

      But it IS derivative because the character's mannerisms and description -- assuming you are doing something that involves the Mickey Mouse CHARACTER and not merely the NAME -- are derivative of Steamboat Willy.

      Check out the Air Pirates case. They should've won as parody, but regardless they made a derivative of a public domain work, but that was in turn derivative of Steamboat Willy, and they wound up losing.

      Now, if you were using the name alone, without anything other than the name that referred to the CHARACTER (i.e. you could call the character Alice Robertson and no one would see ANY resemblence to the Mickey Mouse character) then you might have a point.

      But I don't think most people would care.

      The character though has that name regardless of a trademark, and the character cannot be fully used without using the name. To allow the name to be stripped off would not change the underlying identity of the character, but could interfere with the use of the character as it stands in the public domain,.

      --
      -- 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.
    91. Re:Interesting but... by neurostar · · Score: 1

      I was under the impression that Mickey Mouse was a trademark (renewable indefinitely) and Steamboat Willie was a copyright (eventually expires).

      neurostar
    92. Re:Interesting but... by Nucleon500 · · Score: 1
      That's a good idea. How about you get 15 years protection for free, you must renew every 15 years, and the renewal fee is $1000 * 2 ** n, where n is the number of renewals you've already had.

      This way, if you don't care about it, 15 years, if you're Disney you can afford a lot longer. (And it's cheaper to conform than lobby, at least for the first few hundred years, so corperate interests can stop screwing with government.)

    93. Re:Interesting but... by einTier · · Score: 1

      Don't forget that one day we will have a Star Trek style replicator. Raw material goes in one end, and exact copies come out the other, much as we copy digital files today. You'll be able to scan your neighbor's 'unique' 1966 Ford 427 AC Cobra, and make yourself an exact replica.

      If you do such a thing, who is harmed? Carrol Shelby because he was unable to sell you a Cobra in 1966? Your neighbor because he can't sell you his car today? Ford because they can't make a new Cobra and sell it to you?

      Copying isn't stealing though it may indirectly deprive someone of potential income. I consider this intellectual property discussion to become one of the biggest issues as we move from the industrial age with its scarcity of resources and into the information age with its relative non-scarcity of resources.

      --
      -------------------------------------------------- $665.95 -- retail price of the beast.
    94. Re:Interesting but... by Anonymous Coward · · Score: 0

      Actually you couldn't make any movies with Mickey at all. He's still an active trademark of Disney. You could, however, make your own version of "Steamboat Willy" starring anything else. Or, and the one Disney is the most afraid of, you could make your own cheap ass copy of the original "Steamboat Willy" slap a crappy label on it and sell them at Wal-Mart for $5

    95. Re:Interesting but... by alienw · · Score: 1

      Theft means to take something that's being sold without paying for it

      Wow, I didn't know that people could be THAT wrong. So, by your definition, downloading Red Hat Linux would be theft? After all, it is being sold, and you aren't paying for it.

      copyright is NOT about GRANTING anything, but rather it's about PROTECTING the natural rights of authors.

      What natural rights are you talking about? Natural rights obviously do not extend to ideas. I don't think any of the Enlightenment philosophers who wrote about natural rights mentioned copyright -- and they certainly didn't have a shortage of books.

      Also, you cannot prohibit me from coming up with an idea in my head just because someone, somewhere, sometime has come up with that same idea. Hell, according to your logic, we should not be permitted to think or become educated -- after all, all of our current knowledge was written down by somebody at some point.

      If you would, imagine a world where no IP rights ever expire. We would not be able to use the wheel -- after all, it was invented by somebody and they still have natural rights to it. We would not have cars, lightbulbs, electricity, books, the printing press, or anything else -- after all, someone probably patented these things and you said that intellectual property rights should never expire, right?

      Finally, try reading the US constitution or any of the early copyright laws sometime. I'm sure you will be surprised that their mere wording completely discredits your idiotic theory.

    96. Re:Interesting but... by Anonymous Coward · · Score: 0

      I'd put a vote in for the TCP/IP Illustrated and Unix Network Programming collections by W. Richard Stevens, also.

    97. Re:Interesting but... by renehollan · · Score: 1
      That's a good idea.

      Thanks. One of my better ideas, I think.

      How about you get 15 years protection for free, you must renew every 15 years, and the renewal fee is $1000 * 2 ** n, where n is the number of renewals you've already had.

      Well, it can be structured in any of a number of ways. I wouldn't have the scale rise quite as fast as O(2^n), but there's room for discussing the details.

      But, the problem I have with this, even though it is my own idea, is that it essentially looks like a tax. As a libertarian, I am opposed to the moral basis for taxation. Furthermore, it just looks good to us Slashdotters because we tend to think intellectual property isn't (property that is). Still, a tax is a tax, and just because it benefits us, doesn't mean we should like it, lest we fall into the liberal socialist trap of encouraging more and greater taxation to fund "our" favorate causes "too".

      So, thanks for the compliment, but the notion needs work.

      --
      You could've hired me.
    98. Re:Interesting but... by zilly · · Score: 1

      I agree.

    99. Re:Interesting but... by cpt+kangarooski · · Score: 1

      Yeah, the question is can the trademark effectively prevent the copyright from expiring? (i.e. because you cannot legally use the formerly-copyrighted materials without some use of the still-active trademark)

      I'd say no, because it's more important that the copyright expire than the trademark be untouched by foreign hands.

      --
      -- 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.
    100. Re:Interesting but... by DunbarTheInept · · Score: 1

      No, sorry, that's not true. Read some of my other posts in this thread. (They're easy to spot. They're the ones everybody disagrees with.) I have no problem with people wanting to post as anonymous coward, but realize that this prevents you from making a statement like the above. I doubt you wrote all the anonymous coward posts in this thread to which many people disagreed. I explain in great detail why.. No. You asssert such. (Assuming you are the Anonymous Coward I'm guessing you are.)

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    101. Re:Interesting but... by Thing+1 · · Score: 1
      Dunno, I might pay a little to see Micky get eaten by a dinosaur.

      Can't help you with that, but there is a different Disney character in a short called "Bambi vs. Godzilla" which is available for download.

      It's only 541 KB, and a little grainy, but I remember seeing it years ago and your post led to a quick search. Cheers! ;-)

      --
      I feel fantastic, and I'm still alive.
    102. Re:Interesting but... by Anonymous Coward · · Score: 0

      So, by your definition, downloading Red Hat Linux would be theft? After all, it is being sold, and you aren't paying for it.

      Hey, check it out. Another idiot who thinks that he can be deliberately obtuse and trick people into thinking he's insightful.

      You know damn well what stealing means. You're just pretending you don't so you can feel better about taking other people's stuff.

      Natural rights obviously do not extend to ideas.

      Who said anything about ideas? We're talking about works. I'm postively ASTOUNDED by the number of people posting in this thread who can't tell the difference between an idea and a work. ASTOUNDED.

      If you would, imagine a world where no IP rights ever expire.

      Mmm. What a wonderful place that would be.

      We would not be able to use the wheel

      That's an invention, not a work. Again, you're confusing copyrights with patents.

      We would not have cars, lightbulbs, electricity, books, the printing press, or anything else

      Inventions, not works. COPYRIGHTS. Let me say it again. We're talking about COPYRIGHTS. NOT PATENTS.

      Finally, try reading the US constitution or any of the early copyright laws sometime.

      There's more to political and social theory than the words that are used in the Constitution, you know. If you think that's where our society begins and ends, you've got another thing coming.

    103. Re:Interesting but... by Anonymous Coward · · Score: 0

      Don't forget that one day we will have a Star Trek style replicator.

      Please try to maintain at least a tenuous grip on reality, okay? A "Star Trek style replicator" is impossible. It's a fantasy, like a unicorn or a leprechaun.

      Copying isn't stealing though it may indirectly deprive someone of potential income.

      Copying is taking without permission. It's stealing.

    104. Re:Interesting but... by mdwh2 · · Score: 1

      we MUST NOT seize works until such time as doing so would not inflict harm on the creators.

      So how about having copyright expire when the author dies? That would at least be a shorter length than the terms we currently have.

    105. Re:Interesting but... by Anonymous Coward · · Score: 0

      The notion of property depends on scarcity.

      No it doesn't. That's a very limited interpretation, and one that ultimately fails practical tests of application. You need to spend like FIVE FUCKING MINUTES thinking before you say shit like this. It'll save you a LOT of time and trouble in the future. Dickhead.

      You could burn them all to a crisp and the ideas would still exist in your mind and in the minds of anyone who'd read the papers.

      We're not talking about "ideas" you fucking shithead. We're talking about WORKS. Creative and intellectual WORKS. If you burned every copy of "Hamlet" in existence, "Hamlet" would cease to be. Because despite the fact that everybody knows the story, nobody has it memorized down to the last punctuation mark. Just like nobody has the AC's book memorized down to the last punctuation mark.

      God. What a fool you are.

    106. Re:Interesting but... by Foresto · · Score: 1
      "K&R C still classic and good"

      But not terribly useful if you want information on the current state of the language. K&R C has been obsolete for years. They published a newer version with ANSI C updates, and C99 is now making that update obsolete.

    107. Re:Interesting but... by Dave9876 · · Score: 1

      Any book by Knuth seems to remain useful for a long time as well. When was volume 1 of "The Art of Computer Programming" first published?

    108. Re:Interesting but... by fenix+down · · Score: 1

      Trademark doesn't do anything, anyway, regardless of what's more important. The Mickey in steamboat Willie is refering to Disney's trademark. It was put there by Disney, and unless you extract Mickey from context, there's no problem. It's like a Starbucks coffee cup. You can resell the cup without infringing on the trademark, because it's Starbucks' cup. As long as you don't use it to represent yourself as Starbucks or try and sell your coffee in it as Starbucks coffee, you're completely in the right.

    109. Re:Interesting but... by mkldev · · Score: 1
      Land Before Time XIII? :-)

      --
      120 character sigs suck. Make it 250.
    110. Re:Interesting but... by fenix+down · · Score: 1

      Lord, we're all screwed, aren't we?

    111. Re:Interesting but... by iamacat · · Score: 2, Insightful

      Well, the whole purpose of programming in C is to have an unbloated, minimalist language. Otherwise you might as well use the current C++ standard. So I don't think you have to worry about C99. And I am sure people can take the K&R book and release an updated ANSI C version in no time.

    112. Re:Interesting but... by Anonymous Coward · · Score: 0

      "The last date whose copyrights were ever allowed to expire was 1922."

      Not over here, on the continent of the free, in Europe. Wanne move over, or fix your (c) problem? :-P (I guess, in Realitity U.S. will try to force _their_ copyright view on us, and probably succedd :-/

    113. Re:Interesting but... by Anonymous Coward · · Score: 0

      Even if "Steamboat Willy" becomes public domain people would still have to pay Disney to use Mickey Mouse.

      Then it doesn't sound like it's in the public domain to me.


      People wouldn't be able to make a "Mickey Mouse" cartoon just because "Steamboat Willy" is out of copyright, as "Mickey Mouse" is a trademark of Disney.

      However, what I could do is take a copy of "Steamboat Willy", put it on DVD and sell it as part of "My favorite classic Disney cartoons" collection. Disney would still be protected if I sold it as "Disney's Steamboat Willy!", as it could rightfully be implied that Disney was selling it.

      On the other hand, if Steamboat Willy were to go into the public domain, then it would be fair game for someone to make a "Steamboat Willy -- The CGI ripoff" publication, and that is legal. In fact, Disney is a master of this: Cinderalla, Snow White, Sleeping Beauty, etc. were all old public domain stories.
    114. Re:Interesting but... by dvdeug · · Score: 1

      the whole purpose of programming in C is to have an unbloated, minimalist language.

      That may be your purpose, but there are other reasons to program in C; the most common IMO is to have a programming language that's portable to every piece of junk ever built and/or that everyone knows. I'm sure theres's other reasons why people program in C.

      So I don't think you have to worry about C99

      The Linux kernel is converting some of its use of GCC extensions to C99, so there is some use out there. Obviously there is some use to C99, or it never would have been standardized.

      And I am sure people can take the K&R book and release an updated ANSI C version in no time

      An incomplete version, sure. But not a full book covering ANSI C, which would require significant additions and notes.

    115. Re:Interesting but... by ichimunki · · Score: 1

      Does calling me names make you're argument stronger? No wonder you're posting AC. Your argument is as eloquent as an angry primate flinging dung at tourists in the zoo.

      --
      I do not have a signature
  2. Not a great sacrafice for them by ManoMarks · · Score: 1, Redundant

    Since much of their material is somewhat time-sensitive anyway, in that it addresses systems that are constantly evolving and therefore most people are going to want to get the latest version. Nicely symbolic, though, I guess.

    --

    That's gotta fit into your schema somewhere

    1. Re:Not a great sacrafice for them by studerby · · Score: 4, Insightful
      It's not a great sacrifice for *most* publishers.

      Most works under copyright are out of print, because the publisher can see no economic reason to keep it in print.

      --

      .sig generation error:468(3)

    2. Re:Not a great sacrafice for them by J.+J.+Ramsey · · Score: 1

      I think the fact that it's not a great sacrifice is part of the point. It seems to me that what O'Reilly is trying to do is say, "Hey, publishers don't need ridiculously long copyrights to be profitable."

    3. Re:Not a great sacrafice for them by Anonymous Coward · · Score: 1, Insightful

      It's not a great sacrifice for *most* publishers.
      Most works under copyright are out of print, because the publisher can see no economic reason to keep it in print.


      You are making a very common mistake in assuming that because there is no economic incentive to print a work, that there is no economic incentive to prevent others from doing so. If all of the novels currently mothballed and unavailable to the public were freely available, publishers would have to compete with all of them, This would be difficult especially considering how cheap those works would be.

      Please note: I do not believe that effectively erasing the least profitable 99% of our literary heritage is in any way justified.

    4. Re:Not a great sacrafice for them by ManoMarks · · Score: 1

      I understand that, but I think that there's less sacrafice on their part than say someone who has Tolkein, or Alice Walker in their copyright stable. Novels have a much longer readablity period. And you can always re-print classics. A few people might be interested in a re-print of a 1980's computer manual, for instance, just as a fun look at what things were like back then, but I think it's unlikely to be profitable. On the other hand, if you have a novel for the 1980's, put a new cover on it to jazz up the look and you might still have some readers.

      --

      That's gotta fit into your schema somewhere

    5. Re:Not a great sacrafice for them by Anonymous Coward · · Score: 0

      Tolkien could probably care less, since he's long since dead... Ditto with most other authors of "classics".

    6. Re:Not a great sacrafice for them by arkanes · · Score: 1

      I think you'd be suprised, actually. Certainly people who hold the few titles that were both written 30 years ago AND still widely read are valuable (although it's worth noting that public-domain novels still make publishers money) make money, I doubt it's anyones sole source of income. And if it is, then they need to move on.

    7. Re:Not a great sacrafice for them by mpe · · Score: 1

      You are making a very common mistake in assuming that because there is no economic incentive to print a work, that there is no economic incentive to prevent others from doing so. If all of the novels currently mothballed and unavailable to the public were freely available, publishers would have to compete with all of them,

      If there is money to be made printing these works why are they "out of print"? Anyway works being in an out of print limbo is exactly the sort of thing the US Constitution is there to prevent.

    8. Re:Not a great sacrafice for them by ManoMarks · · Score: 1

      Tolkien himself, yes, but his estate held onto the rights, and may still have them. I seem to remember that there was some rush to make the movies now. Many authors of "classics" see them as their legacy to their family. BTW, I'm NOT arguing for longer copyrights, I think it's a bad thing. I merely was suggesting that for tech publishers, there's few "classics" that'll stand the test of time, so there's no great loss to them to turn it into the public domain.

      --

      That's gotta fit into your schema somewhere

    9. Re:Not a great sacrafice for them by studerby · · Score: 1
      Point *somewhat* taken, there would definitely be some "market effect", particularly in genre fiction, but you overstate it drastically. There are already more works in the public domain than anyone could read in a lifetime. There are even thousands of good, interesting, famous works. All of Blake, Burns, Dickens, Malthus, Machiavelli, Poe, Shakespeare, Shelley, Wister, Wordsworth, etc., etc., etc.. And even in genre fiction, the heydey of the "dime store novel" was last century; there are a bazillion cruddy western novels that are in the public domain.

      However, the copyright monopoly does not exist for the benefit of the publishers; we the people grant the copyright monopoly to encourage publication. If the monopoly privilege is no longer serving its constitutional pupose, it should be withdrawn. The Constituion says:

      The Congress shall have Power To [...] promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
      If copyright is getting in the way of access to the works, then it needs adjustment. Personally, I vacillate between returning to a short term, e.g. the 14 and 14 of the Founders, and a "pay as you go" copyright, with a cheap initial registration and progressively more expensive renewals (say, every 10 years) with a 50 or 100 year max...
      --

      .sig generation error:468(3)

    10. Re:Not a great sacrafice for them by studerby · · Score: 1
      Most works under copyright are out of print

      Today I happen to be having my nose rubbed in my own comment...

      I happen to be looking for a number of hit songs from 1953 (in-laws 50th wedding anniversary coming up soon...), and it's truly appalling how many hit songs are tough or impossible to track down 50 years later. For example, Leslie Caron had a hit with Hi-Lili-Hi-Lo, a sugar-sweet ditty from the movie Lili (not Darling Lili, the 17-years-later Julie Andrews thing). So far, in a week's worth of searching, I can't find a copy of the song, the movie soundtrack, or the movie. It's probably out there somewhere, but I haven't found it for purchase yet.

      While I've found a lot of vintage hits from the year that are included on great artists "Best of" or other restrospective works (although they're sometimes imports from Europe), it's hit and miss with the 2nd tier artists, and if it wasn't a hit it's nearly impossible to find. A part of that is the economics of supply and demand, of course, but if it weren't for copyright I could go into a library and duplicate archived works. As it stands now, for many of things I want, I can't buy it and I can't pay some one to make me a copy of it, at least until long after the people I want to give a compilation to have been dead for some time.

      --

      .sig generation error:468(3)

  3. Small step by Anonymous Coward · · Score: 0

    A small step forward to a good cause. Now if only other publishers followed this.

  4. Yet Another Dupe by rmohr02 · · Score: 1, Informative
    1. Re:Yet Another Dupe by kasperd · · Score: 3, Interesting

      How could it possibly be a dupe? The O'Reilly announcement dates one month later than the old Slashdot article you were pointing at. The fact that this new slashdot article first was posted one week after the announcement is another issue though.

      --

      Do you care about the security of your wireless mouse?
    2. Re:Yet Another Dupe by Anonymous Coward · · Score: 0
      Read before posting, even if you think it's a dup.

      Founder's Copyright System != 1970's Copyright

  5. While I admire the stance... by Anonymous Coward · · Score: 1, Redundant

    I don't think anyone ought to break their arms applauding O'Reilly's generosity. Most of their books are technical in nature and have a relatively short shelf life. They probably weren't making a whole lot of money off of decades-old works anyway.

    1. Re:While I admire the stance... by jedidiah · · Score: 1

      That's not the point.

      Most publishers have vast holdings of works that are no longer profitable. They will neither release these works themselves, nor allow others to do so. This flies in the face of the WHOLE POINT of copyright.

      The public domain is for items that are no longer profitable to print.

      O'Reily's offer is still an improvement on the status quo.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    2. Re:While I admire the stance... by amber_lux · · Score: 1

      Most publishers have vast holdings of works that are no longer profitable.

      They are either really bad, or nobody knows about them. In either instances Print on Demand Publishing would be profitable.

      They will neither release these works themselves, nor allow others to do so. This flies in the face of the WHOLE POINT of copyright.

      The point of copyright is to make money. Not all publishers understand that one can make more money, by lowering the cost of doing business.

      Several years ago I was wanting to translate some books from German to English. Between royalties that were unreasonable [ $1/page/copy ] and demanding control of the entire operation [ They wanted to study the curricula vita of the janitorial staff, to ensure that they were qualified to do translation work, and if not, terminate them.], I could not see a way to sell the books at anything close to a breakeven point.

      If I had thought about it some more, I would have translated and published them in Namibia, or another country that does not honour any copyright convention. At times, I think about doing just that.

      The public domain is for items that are no longer profitable to print.

      With On-Demand Publishing, it is profitable to keep books in print for ever. There is no reason for a book to go out of print. Any publisher of mass market titles with a brain should be doing that for all titles, once the initial print run has been sold. Likewise for scholastic publishing houses. Print a nice first edition, and then zap it to print on demand for copy number 2 000 and up.

      Wind under Thy Wings

      Amber

      --

      Suppose you did.
      Suppose you did not.

    3. Re:While I admire the stance... by Anonymous Coward · · Score: 0

      Patently untrue (pardon the pun).

      Value and profit potential have nothing to do with the temporary grant of exclusive rights (copyright, patent) before a work enters the public commons.

      Look what happens when a drug patent expires. Even if the drug is selling hand over fist, at high price, it still enters the public domain.

      DJ

  6. Well, ok, but... by Gavin+Scott · · Score: 2, Insightful

    What's next, your local grocery store offering to give away year-old fruit for free? Discounts on expired lottery tickets?

    O'Reilly's gesture is a good and excellent thing of course, but most of their titles are computer books that will be obsolete in six months and useless in three years, so having it enter the public domain in 28 years isn't all that impressive :-)

    Now if we could get Tim to enter the recording industry...

    G.

    1. Re:Well, ok, but... by wfberg · · Score: 4, Insightful

      O'Reilly's gesture is a good and excellent thing of course, but most of their titles are computer books that will be obsolete in six months and useless in three years, so having it enter the public domain in 28 years isn't all that impressive :-)

      That of course, is the whole point. Usually publishers just let a book hang in 'out-of-print but copyrighted' limbo. Maybe in 28 years you'd like to put a copy of "Perl in a nutshell" online, just to show people how much the state-of-the-art has advanced. Or even degraded.. Who are you to say that if a work is not economically valuable it is worthless in every other respect? Conventional publishers don't think so, that's why they hang on to the copyright no-matter-what, to the detriment of the public interest.

      --
      SCO employee? Check out the bounty
    2. Re:Well, ok, but... by billstr78 · · Score: 1

      I think it shows a healthy attitude towards IP that is worth encouraging no matter how irrelavent thier current effort is.

      They not only have shorted copyright legnths, but also have started an initiative with many american univeristies to offer access to _all_ of thier books online at no cost to the student. The schools might pay a fee similar to that which is paid to the ACM or IEEE, but it shows they are willing to allow access to thier material when it is important, but otherwise hindered by financial short-comings.

    3. Re:Well, ok, but... by SirGeek · · Score: 1
      O'Reilly's gesture is a good and excellent thing of course, but most of their titles are computer books that will be obsolete in six months and useless in three years, so having it enter the public domain in 28 years isn't all that impressive :-)

      As others have mentioned, what about books on programming techniques and style ? Those should not go out of "style" but be adapted to new languages/methodologies.

      Another book example is K&R C Guide (sitting on the shelf next to me). That book is the definitive description of the C programming functions that is still as accurate today as 20 years ago. I wouldn't mind being able to get an EBook version of it so that I have a quick reference to it.

    4. Re:Well, ok, but... by Anonymous Coward · · Score: 2, Insightful

      Not long ago, the Classic DUNGEONS & DRAGONS website (http://www.geocities.com/classicdnd/) was removed by geocities because someone complained they were hosting the 3 original D&D rules booklets that were published in 1974. These booklets represent the genesis of a hobby (role-playing games) and as such are very interesting even though most would agree that the rules themselves contained within have long since been surpassed by more elegant ones. What this means is that the copyright on these rules is now moot. They have done their job, and it's time for them to pass into the public domain, as intented by the original copyright law. But somewhere along the line, IP law became corrupted, and they won't pass into public domain until 2069 (95 years for corporate copyright...) Needless to say, this is ridiculous.

    5. Re:Well, ok, but... by Anonymous Coward · · Score: 1, Interesting

      Oops, I meant to say "the copyright on these books", since the rules themselves can't be copyrighted...

      BTW, if anyone is interested in the early history of D&D, check out the latest issue of OD&DITIES (http://www.tongue.fsnet.co.uk/) for an in-depth interview with Gary Gygax. It's not all bright and cheery. Much to the contrary...

    6. Re:Well, ok, but... by dan_the_heretic · · Score: 0

      Whoa! There's a scary thought. Perl still alive in 28 years.

      O.K., you can mod me to Hell now.

      --
      I don't like big words..., does that make me anti-semantic?
    7. Re:Well, ok, but... by RestiffBard · · Score: 1

      um? Practical C Programing (my latest O'reilly book) seems pretty useful to me. the K&R C book as other's have mentioned still works just fine. Learning the vi editor, ditto emacs, ditto the cathedral and the bazaar. even the HTML book still works just fine.

      and, in another direction, you think the works of newton, einstein and others are no longer useful cause they're about science? Old books are quite useful no matter what the topic.

      --
      - /* dead coders leave no comments */
    8. Re:Well, ok, but... by Joey7F · · Score: 1

      Plus, if copyrights ever due expire, some work may become popular because of its free status. Then you will have its former owner bitching that they got screwed! Even though it was freeing the work that allowed a renewed interest.

      --Joey

  7. this is good by CaptainZapp · · Score: 3, Informative
    Since 28 years is a long time (specifically for tech books) it's probably more the symbolism and the possibility to set trends and motivate followers.

    I can't remember O'Reilly ever fucking up in a big way (alas they had their share of heat) and their right to rake a decent profit (otherwise no more O'Reilly books and now that would be a shame) goes undisputed.

    I like this move. I really do.

    --
    ich bin der musikant

    mit taschenrechner in der hand

    kraftwerk

    1. Re:this is good by jacksonai · · Score: 3, Insightful

      This is a good idea. Just one question:
      When the copyright expires, are they going to give the ebooks to efforts like Project Gutenburg?

      --
      Like Sweepstakes? Try out my service @ http://www.yourpowersweeps.com -- Free 21 day trial, no cc needed.
  8. But its Oreilly by JohnnyO · · Score: 1

    I like the idea, but how many of Oreilly's books will be useful in 28 years?

    Everything you need to know about Java 1.4 isn't really relevant when they just released Java 7.4. And what good is Mac Os X secrets with a copy of Mac OS XIV?

    I would think most O'Reilly books only have a lifespan of 5, maybe ten years top before they are completely outdated.

    Not to bash O'Reilly, I think they but out some really great books, but they tend to focus on implementation, rather than something that will be useful in 28 years, like say The Art of Computer Programming, by Knuth.

    1. Re:But its Oreilly by haystor · · Score: 1

      heh, until you run across some java 1.4 legacy system and can't buy the book in the bookstore. Then you call the publisher and they say its out of print, tough luck. Then you fix it by pirating a copy and get busted by the newly formed Book Publisher's Association of America.

      The whole book doesn't have to be up to date to be relevant. The book could be valuable just for a having a few lines you can use but it will only be valuable if you can get it.

      --
      t
  9. Heh... by C0LDFusion · · Score: 1, Redundant

    ...like everyone else, I'll agree that this is almost pointless, considering the fact that these books are outdated after 2 years, obsolete after 5 years, and completely useless after 7 years.

    As well, yeah. It's a duplicate.

    --
    Only in slashdot are posts of solidarity modded at -1 Redundant, while posts of antagonism are modded as -1 Flamebait.
  10. Not to sound like an ass, but... by szquirrel · · Score: 0, Redundant

    It's all well and good to adopt 28-year copyrights when your books have a shelf life of five years, tops. I like that they're doing this, but it strikes me as mostly PR.

    --
    Never approach a vast undertaking with a half-vast plan.
  11. Can't wait till that copyright runs out by jj_johny · · Score: 4, Funny
    Hey, I am going to really look forward to when the copyright runs out on Perl 3 books, Windows 95 annoyances and appleworks 6: the missing manual. In 14 years I will be able pick up all these and write some derivative work without having to worry about the copyright. .... Well unless they renew them for another 14 years. Then those computer manuals might be out of date.

    But seriously, O'Reilly has done a lot more important stuff in copyright but this is laughable. He is not publishing Steamboat Willie or Moby Dick.

    1. Re:Can't wait till that copyright runs out by pmz · · Score: 2, Insightful

      Hey, I am going to really look forward to when the copyright runs out on Perl 3 books, Windows 95 annoyances and appleworks 6: the missing manual. In 14 years I will be able pick up all these and write some derivative work without having to worry about the copyright.

      More importantly, you will have access to those manuals in 14 years without having to chase down out-of-print hardcopys or worrying about defunct publishers that can't even make a new copy if they wanted to. You would be suprised how often people need old documentation, whether it is for some old files found on a tape in a cabinet somewhere or that computer in the backroom that cannot be upgraded from Windows 95 for whatever reason.

      Personally, I have been in desperate need for software documentation that really is only five years old, but the software company stopped distributing it to "encourage adoption of their new software". To hell with them, I need that documentation! Even five years, not fourteen, is plenty for copyright in the tech industry.

      He is not publishing Steamboat Willie...

      OT: I hope Disney goes out of business. They've really turned into a one-product company, and that product's not even very compelling, anymore.

    2. Re:Can't wait till that copyright runs out by hal200 · · Score: 2, Redundant

      I wouldn't say it's laughable. Consider the alternative for a momment. Which is better? Having a copyright which expires in 14-28 years, or one which expires in life + 70+ years? (Say, approx. 100 years on average)

      The fact of the matter is that for a company like O'Reilly, it probably doesn't make sense from a business perspective to hold onto the copyrights for that long. As you've so brilliantly pointed out, there is little call nowadays for Perl 3 books. That, my friend, is exactly the point!

      In the tech industry, the significant majority of books published have a shelf life of a few years at most. After that, they're practically worthless. Once taken out of print, the chance of them ever being republished is almost nil.

      Eventually, it gets to the point where it's no longer worth it to even defend those copyrights because the money you'd spend searching for violations and defending your copyright in court costs far more than you could expect to earn over the remainder of the term. (And I would be very surprised if Tim O'Reilly didn't have a report cross his desk which showed this to him in concrete numbers)

      Now, this doesn't hold for all publishers. Outside the tech sector, some books pay off in the long run. The Lord of the Rings saga is a perfect example. In those cases, from a business perspective, it's worthwhile for a publisher to hold on to his copyrights as long as possible because you never know which book in your catalogue is going to be "The Next Big Thing", and pay off big time.

      For Tim O'Reilly, the chance of these books paying off for his company after 28 years is pretty close to 0. Tim O'Reilly may have strong principles, but he's a businessman first and foremost. It's a bold move that costs him and his company almost nothing.

      The way I see it is that this is a brilliant move for O'Reilly. They gain practically no value from holding their copyrights to the maximum term allowed by law. By releasing their works under a shorter term, and remaining profitable, they can serve as very powerful case study for those who argue against the endless parade of copyright term extensions.

      --

      I just want to take over the world...Why does that automatically make me EVIL?

    3. Re:Can't wait till that copyright runs out by jbolden · · Score: 1

      AFAIK Tim's been pretty good when people have wanted to update his very old work. All he asks for is notice. For example one of his own books from the mid 80's on Unix typesetting (troff,nroff not TeX) is being revised online.

    4. Re:Can't wait till that copyright runs out by chromatic · · Score: 1
      Tim O'Reilly may have strong principles, but he's a businessman first and foremost.

      Actually, I think that's backwards. I've never seen his business interests override his principles.

    5. Re:Can't wait till that copyright runs out by Anonymous Coward · · Score: 1, Insightful

      But seriously, O'Reilly has done a lot more important stuff in copyright but this is laughable. He is not publishing Steamboat Willie or Moby Dick.

      Does that matter? Would Disney have had movies like Snow White, Treasure Planet, Alice in Wonderland, if copyrights were extended in perpetuity? No. Disney is the worst for taking things in the public domain, and turning around and not wanting their "property" in the public domain. Personally, I would argue that Mickey, at this point, while being recognizable as related to Disney, is ingrained enough in the popular culture, that it suffers the same fate of the word xerox as protectible. If Disney had a dime for every kid who doodled Mickey on a school notebook, etc, they'd be fat, dumb and happy, but I would say that it's like people saying xerox something, when they say copying.

      Coming back to O'Reilly, are you only familiar with their tech books. You do know that O'Reilly publishes many other books don't you? Such books as Beyond Contact, Childhood Cancer (Survivors), among other titles including Adult Bipolar Disorders. There were also a bunch of travel books that I remember but can't find now, perhaps they've been spun off. If these books are also included in this effort, and assuming that alien contact and medical science aren't completely turned on their ears, these things can definitely provide useful content to the common good.

    6. Re:Can't wait till that copyright runs out by Axiom_1 · · Score: 1
      More importantly, you will have access to those manuals in 14 years without having to chase down out-of-print hardcopys or worrying about defunct publishers that can't even make a new copy if they wanted to. You would be suprised how often people need old documentation, whether it is for some old files found on a tape in a cabinet somewhere or that computer in the backroom that cannot be upgraded from Windows 95 for whatever reason.

      The same problem comes up with old software. I work for a small (and tight-budgeted) engineering company that uses some legacy hardware that will only work under 16-bit DOS. Since MS won't sell us old copies of DOS, and have scared everyone else away from selling them, there is no way for us to legally expand our operations.

      We keep our original DOS disks in a bank vault, for fear of losing them!

    7. Re:Can't wait till that copyright runs out by mpe · · Score: 1

      I wouldn't say it's laughable. Consider the alternative for a momment. Which is better? Having a copyright which expires in 14-28 years, or one which expires in life + 70+ years? (Say, approx. 100 years on average)

      Anything related to the date of the author's death is a potential nightmare for finding out when copyright expires. Are all copyright libraries ment to get a copy of every death certificate as well as every book published?

      In the tech industry, the significant majority of books published have a shelf life of a few years at most. After that, they're practically worthless. Once taken out of print, the chance of them ever being republished is almost nil.

      This is hardly likely to apply to just tech books.

      Now, this doesn't hold for all publishers. Outside the tech sector, some books pay off in the long run. The Lord of the Rings saga is a perfect example. In those cases, from a business perspective, it's worthwhile for a publisher to hold on to his copyrights as long as possible because you never know which book in your catalogue is going to be "The Next Big Thing", and pay off big time.

      You don't know if there will ever be a "big thing". Even if there is if it will pay for the upkeep of everything else of your catalogue.

    8. Re:Can't wait till that copyright runs out by morcheeba · · Score: 1

      OT: I hope Disney goes out of business. They've really turned into a one-product company, and that product's not even very compelling, anymore.

      Actually disney is pretty well diversified among entertainment-related products. They own book, magazine and record publishers. Also ABC TV, ESPN, 10 TV stations, >25 radio stations, 7 movie production compainies (incl. miramax), theatrical productions, petroleum and natural gas interests (huh?), professional sports franchises, a cruise line, international media partnerships, and this little place called disneyworld.

      I hope they go out of business, too (I don't like their marketing to children and I think their broad media ownership is anticompetitive), but probably not likely.

    9. Re:Can't wait till that copyright runs out by PCM2 · · Score: 1
      But seriously, O'Reilly has done a lot more important stuff in copyright but this is laughable. He is not publishing Steamboat Willie or Moby Dick.
      Oh fer cryin' out loud. He's a publisher, a fairly successful one within his trade, and he's making a statement about copyright law. What's wrong with that? He releases a bunch of press releases, maybe some newspaper takes notice, and we get more press about the problem with copyright extensions. If you agree that this is a good thing, maybe you buy some more O'Reilly books instead of another publishers. Or, maybe it impacts your decision to buy O'Reilly books not one bit. But how is it "laughable"?

      You act like O'Reilly is doing this out of some kind of insidious, venal self-interest or something. If Tim O'Reilly really spent his days thinking up new ways to swindle the people out of their hard-earned dollars, I hope to God he could think up something better than running a publishing company, hanging out with nerds and wearing the same brown shirt every day. So maybe he's not publishing the world's most widely-read, important books -- but if publishers are ever going to take a stand against copyright bullshit (the way most of us hope they will), doesn't somebody have to be first?

      --
      Breakfast served all day!
    10. Re:Can't wait till that copyright runs out by pmz · · Score: 1

      Actually disney is pretty well diversified [cjr.org] among entertainment-related products.

      This is true. I was thinking about the Disney brand, where everything is either rock-n-roll Donald Duck or the same characters and music reused in a half-dozen movies. My impression is that they found something that "works" and stuck to it. The risk-taking appears to be gone. I would like to be proven wrong, however.

  12. Yeah, but by CaptainZapp · · Score: 1
    I'd give something for having kept my C64 manual. It's a classic. I remember lines like:

    The four large keys labelled F1 through F4 are the functin keys. Period.

    --
    ich bin der musikant

    mit taschenrechner in der hand

    kraftwerk

    1. Re:Yeah, but by Anonymous Coward · · Score: 0

      The four large keys labelled F1 through F4 are the functin keys. Period.

      Press F5 for spell-check.

    2. Re:Yeah, but by bigdavex · · Score: 1, Informative

      The four large keys labelled F1 through F4 are the functin keys. Period.

      You can't get away with something like this on Slashdot. You have to expect some asshole like myself to bring up an irrelevent detail.

      The function keys are labeled: F1 F3 F5 F7.

      The even numbers are available with the SHIFT key.

      --
      -Dave
  13. They can last... by Anonymous Coward · · Score: 1

    I have a book by K&R. It's still helpful and that was written how many years ago? Some things stand the test of time, some things don't. But I'm not going to attack O'Reilly who puts out really good books because they won't be selling the same books in 28 years. It is a symbolic gesture and that's okay.

  14. Yeah, but the shelf life.... by 1000101 · · Score: 2, Funny

    ooops, fifty other people have already commented on that. :(

  15. Yes they are relevant after 14 years by Anonymous Coward · · Score: 4, Insightful

    If you think algorythms from 14 years ago are irrelevant you might want to relook at that linux code.

    While many OS specific manual may be woefully obsolete in 14 years many of the underlying concepts are not and many of O'reilly's works that were put out now a decade ago still have valid and relevant information for todays information age.

    1. Re:Yes they are relevant after 14 years by milo_Gwalthny · · Score: 1

      I wish Knuth were public domain...

      --
      Milo
  16. Just because they're outdated by Mr.roboto · · Score: 3, Insightful

    they're probably accurate for historical context, raw designs, conceptual stuff etc. It's good for their PR, and I'd compare it more to Abandonware software rather then books due to the limited useful life of the publications.

    --
    Don't call my crazy, that's what they called me back in the home!
    1. Re:Just because they're outdated by Radical+Rad · · Score: 1

      It's also a fine example to set for other businesses whose livelihood does not depend on milking revenue from the last 2 percent of works created up to 120 years before. If more publishers will take this step to restore the original intent and implementation of the Founding Fathers then this can be used as an argument against extending copyright to Life+100 which looks to be the next milestone on the 'Privatize the Public Domain' moebius strip.

  17. That's the point by nuggz · · Score: 5, Insightful

    That is the point, if they only have a shelf life of 5 years, why do we need 100 years of copyright protection?

    This is a real company proving that shorter terms will have a very small, if any effect on them. And provide a case study that short terms are effective.

    1. Re:That's the point by Bob(TM) · · Score: 2, Interesting

      OK ... but if they only have a 5 year shelf life, why invoke protection for 5 times their expected life?

      I understand the gesture ... it makes a point. But, when scale is considered, the protections afforded O'Reilly by the 1790 length of time is probably longer than those provided to Disney under current copyright protections. Assuming the real entertainment value of a movie is over in ... say 50 years (personally, I enjoy movies some Disney flics from the 50s ... it's probably longer), then the equivalent protection for Disney media should be 250 years.

      --

      The little guy just ain't getting it, is he?
    2. Re:That's the point by nuggz · · Score: 1

      They chose a protection that was once law, to suggest that they got it right the first time.

      I'd argue most movies make their profit in the first 5 years anyway.
      Theater, payperview, rentals, retail sales, bargain bin doesn't take all that long.

      Most business managers wouldn't accept a payback in the tens of years anyway. It should pay back FAST or VERY large, or the project gets killed.

    3. Re:That's the point by jbolden · · Score: 1

      First off 30 year bonds (including zeros) are still selling quite well so at least some business can wait for payback. Second, Disney is an exception since their movies are "classics" and make tons of money on video sales.

    4. Re:That's the point by mpe · · Score: 1

      But, when scale is considered, the protections afforded O'Reilly by the 1790 length of time is probably longer than those provided to Disney under current copyright protections. Assuming the real entertainment value of a movie is over in ... say 50 years (personally, I enjoy movies some Disney flics from the 50s ... it's probably longer), then the equivalent protection for Disney media should be 250 years.

      Is every Disney movie still profitable after 50 years. (Even if it it still entertaining). Maybe some multiple of the mode, median or mean of the time movies make a profit would make more sense. (If a lot of movies don't make any profit then the longest of these is likely to be the median.)

    5. Re:That's the point by mpe · · Score: 1

      First off 30 year bonds (including zeros) are still selling quite well so at least some business can wait for payback.

      A bond is a considerably safer long term investment than a movie.

      Second, Disney is an exception since their movies are "classics" and make tons of money on video sales.

      Is this all Disney movies or just some of them?

    6. Re:That's the point by jbolden · · Score: 1

      If we are talking the Disney brand than quite a few of the big budget ones (i.e. the animation movies). Here is a short list to make the point:

      1. 1937 Snow White And The Seven Dwarfs
      2. 1942 Bambi
      3. 1940 Fantasia
      4. 1940 Pinocchio
      5. 1941 Dumbo
      6. 1947 Fun And Fancy Free
      7. 1946 Song Of The South
      8. 1946 Make Mine Music
      9. 1949 The Adventures Of Ichabod And Mr. Toad
      10. 1945 The Three Caballeros

      I've seen everything on that list but #10. My daughter owns: 1-4; and a seperate book for #5.

      Check out list of disney movies you be suprised how many titles you recognize. Now look at a list from the same years from say Universal.

    7. Re:That's the point by Anonymous Coward · · Score: 0
      Copyrights from 1790 give the copyright holder considerable less time then Disney has today. Something along the lines of 20 years + an optional 20 year renewal (In 1790 maybe a flat 28 years, copyright history is pretty convoluted.)

      Current copyright is something like:

      Life of author + 70 years. (For an individual)

      OR

      Date of publication + 90 years (For a work for hire, or corporation)



      To put a little perpective on that: Assuming that it wasn't public domain to begin with. Under current attitude and laws, The Gettysburg Address would have had copyright protection until 1935. If Lincon had lived to the ripe old age of 80 (Not totally uncommon, even in the 17 and 18 hundreds), the Address would be copyrighted until 1959 (He was 56 when he died).

      Under the laws that it was written under, it would only be until 1885 that it was under protection. Assuming that it wasn't public domain to begin, The work may have to have been registed for protection (Early copyright law was like that), and public speaches might have been considered automatically in the public domain to begin with.

  18. Go into CS books, O'Reilly by Sloppy · · Score: 2, Interesting

    This would be more interesting if O'Reilly published CS books instead of software manuals. But even though this gift horse has no teeth, it's still rude (and pointless) to be looking in its mouth, so let's all shut up and smile.

    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    1. Re:Go into CS books, O'Reilly by Elbereth · · Score: 1

      IAWTP

      I'm sort of torn between not caring at all and caring enough to yawn.

  19. How to know if copyright is expired by asmithmd1 · · Score: 4, Informative

    If it was published before 1923 it is in the public domain. Otherwise here is a link to a table that has all the other cases. Until Congress extends it again

    1. Re:How to know if copyright is expired by expro · · Score: 1

      When it says "Life + 70", that is life of the corporation which took out the copyright, which may be infinite, right?

    2. Re:How to know if copyright is expired by Jimmy_B · · Score: 2, Informative
      When it says "Life + 70", that is life of the corporation which took out the copyright, which may be infinite, right?


      No. It is life+70 if the author is an individual; if it is a corporation (which could live very long or die quickly), it is simply 90 years.
  20. Old Manuals are often very good by starseeker · · Score: 5, Insightful

    "thirty-year-old computer science manuals aren't in particularly high demand"

    Not always true. Well written computer science books can often be timeless, and occasionally software can last that long or longer. An example is Maxima (http://maxima.sf.net) which was largely written back in the late sixties and early seventies and is still active today. I'm involved with the documentation effort on that project, and we would dearly love to be able to include the older manuals written about the system. Recreating docs is not simple!

    There are also other very good reasons for these books to survive even if their subject matter doesn't do so well - 1) If the manuals are collected in a huge central archive as their copyrights expire and they become free, then the poor sucker who has to deal with a rare and/or obscure legacy system will have a place to go 2) The design and usage priciples of the software will be documented. They may suck, but old program != bad ideas. In fact, quite the contrary. Look at TeX, or Emacs. Old programs, but masterpieces of their art.

    Don't knock old manuals. Yes there are huge amounts of crap out there in the computer world, but don't casually throw away knowledge. Even of old computer systems. You never know when you might wish you still had it.

    --
    "I object to doing things that computers can do." -- Olin Shivers, lispers.org
  21. Good Oreilly by oZZoZZ · · Score: 2, Redundant

    They write excellent books, sell them at an excellent price (relativly), have a massive website with tons of free information. Publish many of thier titles as cheap Ebooks, and now volunatily shorten their copyright length

    I dunno about you guys, but all these things make me look at Oreilly books before any other.

    Thanks again Oreilly!

    1. Re:Good Oreilly by jgennick · · Score: 1
      They write excellent books

      Er, we actually just edit the books. It's the authors who write them.

    2. Re:Good Oreilly by pmz · · Score: 1

      I dunno about you guys, but all these things make me look at Oreilly books before any other.

      It's called the "we're not uncompromising assholes" business model. It's an indication that O'Reilly is a good businessman, who understands how to keep those paychecks coming in for the long-term.

      Companies like Microsoft (grow, grow, grow; stomp, stomp, stomp) or American Airlines (their crappy CEOs) or Disney (bribing SC senators) or Radio Shack (damned expensive adaptors...) or ENRON (again, shitty CEOs) or any one of thousands of other crappy companies can learn a few lessons, here.

  22. In the year 2015... by Gavin+Scott · · Score: 0, Redundant

    That now-free book on configuring Usenet to run over UUCP on 1200 baud modems is going to be really useful.

    G.

    1. Re:In the year 2015... by mikeee · · Score: 1

      Sadly, it may; that'll be what we use to connect our home-brew hand-built systems, while our XboX5s are the only clients able to access the new, secure Internet(TM).

  23. O'Reilly Just Beastiality Porn by Suppafly · · Score: 5, Funny

    O'Reilly is nothing more than Animal porn. They just LOOK like computer books. I should know I saw one at a bookstore and it had an animal on the cover.

    Sick-o's

    1. Re:O'Reilly Just Beastiality Porn by Phroggy · · Score: 2, Funny

      I just read them for the programming info.. really! I swear, there's a perfectly reasonable explanation.

      --
      $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
      $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
    2. Re:O'Reilly Just Beastiality Porn by Anonymous Coward · · Score: 0

      Was it a penguin? ;)
      -lv

    3. Re:O'Reilly Just Beastiality Porn by Rude+Turnip · · Score: 1

      I once put a copy of Unix in a Nutshell on a small table used for reading materials in the men's room at work. Maybe somebody was mistakenly offended and *that's* why it got thrown out!

    4. Re:O'Reilly Just Beastiality Porn by AndroidCat · · Score: 1

      I have books with a sailor and a cowboy on them. Yeeehah! (Those are funny, but the grasshopper book? Yeugh!)

      --
      One line blog. I hear that they're called Twitters now.
  24. Re:Fancy That by Anonymous Coward · · Score: 0

    John Hubbard is tiltowait. Sure, that's obvious. I guess you didn't do a decent write-up. Better luck next time.

  25. The point is well taken... by 3seas · · Score: 2, Insightful

    I never could figure out why IP laws regarding time were extended in light of advances happening at an ever increasing rate.

    In other words: now that technology is useful for a shorter and shorter time, it's important to make the inventors and artist of such technology able to have control rights over it for even longer periods of time.

    For at such a rate the day will come when you invent of create something on the spot and spure of them moment to solve a one time problem and then own rights to it even after you have been dead ...... forever....

    The day when we can no longer breath cause someone already did.

    1. Re:The point is well taken... by praksys · · Score: 1

      I never could figure out why IP laws regarding time were extended...

      The vast majority of publications have always had a short (or even non-existant) profitable life-span. Most either turn a profit in the first year, or never. However, there are certain copyrighted works that have either held their value, or steadily increased in value, over the years. A number of Disney properties spring to mind as examples. The owners of those properties obviously have a strong economic interest in extending the duration of their copyrights.

    2. Re:The point is well taken... by mpe · · Score: 1

      The vast majority of publications have always had a short (or even non-existant) profitable life-span. Most either turn a profit in the first year, or never.

      In plenty of cases the timespan for a publisher considering something a "hit" or "miss" even the total amount of time in which something can be expected to be profitable is even less. Very often if something dosn't make a profit PDQ it will wind up out of "print".

      However, there are certain copyrighted works that have either held their value, or steadily increased in value, over the years. A number of Disney properties spring to mind as examples. The owners of those properties obviously have a strong economic interest in extending the duration of their copyrights.

      The problem is that this results in hugely long copyright terms for everything. Including works which can be outlived by their copyright.
      The most sensible solution is a renewel system with an exponential fee. Which ensures that nothing will be copyright for ever (but an exceptionally profitable work can be hung onto by the likes of Disney for a longish period) and most works will become public domain within a fairly short time.

    3. Re:The point is well taken... by Anonymous Coward · · Score: 0
      Oh please learn to preview your posts:
      I never could figure out why IP laws regarding time were extended in light of advances happening at an ever -increasing rate.

      In other words: now that technology is useful for a shorter and shorter time, it's important to make the inventors and artists of such technology able to have control rights over it for even longer periods of time.

      For at such a rate, the day will come when you invent or create something on the spot and spur of the moment to solve a one-time problem and then own the rights to it even after you have been dead ...... forever....

      The day when we can no longer breathe because someone already did is coming quickly.
      There are still grammar problems, but at least it's more readable now.
  26. Woohoo! by DrXym · · Score: 1

    Can someone please post up a copy of "Altair BASIC in a Nutshell" please?

    1. Re:Woohoo! by AndroidCat · · Score: 1

      That's still got at least another year to go. :^)

      --
      One line blog. I hear that they're called Twitters now.
    2. Re:Woohoo! by pmz · · Score: 1

      Programming with Curses

      Isn't this one of the new Extreme Programming methodologies?

      I really like the other book about Extreme Programming: Programming with Blank Stares

    3. Re:Woohoo! by AndroidCat · · Score: 1

      Kids these days... curses is a terminal control library and it's got a warthog on the cover. Extreme enough?

      --
      One line blog. I hear that they're called Twitters now.
    4. Re:Woohoo! by pmz · · Score: 1

      Kids these days... curses is a terminal control library...

      I've actually used curses(3CURSES)...not bad for simple console apps. Regarding XP, blank stares are the typcial response I've seen when someone advocates Extreme Programming in a meeting.

  27. Hold that purchase, I can wait! by Anonymous Coward · · Score: 2, Funny

    Do I understand correctly that all of O'Reilly's titles will be in the Public Domain in 28 years or less?
    Then why have I been buying them, when I can wait?

  28. Cheers! by Musashi+Miyamoto · · Score: 0, Redundant

    Good for O'Reilly.... however, it doesn't make a difference. Most of their products are worthless after only a few years.

    This is much like Coke and other large companys starting to expense their options. The only ones that do it now are those that it doesn't make a difference to their bottom line. The others who it would affect don't even consider it.

    O'Reilly's action is a great sentiment, but it won't make a difference until the government alters the copyright laws.

  29. Good, but there's an even better way... by marian · · Score: 4, Interesting

    An even better idea is the Baen Free Library

    It makes much more sense to put older works out there for everyone at no charge in order to generate interest in newer works. And it's been working just like that for Baen. I know that I've bought quite a few books from various Baen authors after reading some of their work through the Free Library.

    --
    "Suppose you were an idiot..... And suppose you were a member of Congress... But I repeate myself."
    1. Re:Good, but there's an even better way... by Clover_Kicker · · Score: 1

      O'Reilly is doing that now.

      They've got several free books available at http://www.oreilly.com/openbook/.

      Some of these are new content that is freely available because of the wishes of the authors, i.e. DocBook: The Definitive Guide and Free as in Freedom.

      Some of them are out of print books, i.e. The Future Does Not Compute and Volume 6A: Motif Programming Manual.

  30. But do they ever actually lose the character? by McQuaid · · Score: 1

    Having access to something like steamboat mickey to watch,distribute and use snips of it in your own works is one thing. But when something eventually enters public domain, say the first appearance of a character, are people free to use that character in their own creative works?

    1. Re:But do they ever actually lose the character? by zdislaw · · Score: 1

      Yes

      --
      bad sig...no donut.
    2. Re:But do they ever actually lose the character? by cpt+kangarooski · · Score: 4, Interesting

      One would imagine so. Otherwise mere commerce power trademark law would consume a constitutional limit on copyrights.

      But I haven't seen it come up much. There's the Comedy III Productions thing; the Amos 'n Andy case is vaguely related.

      However, there is a very important caveat. Consider Mickey Mouse: the original Mickey Mouse from the 1928 shorts (Steamboat Willy, The Galloping Gaucho, and Plane Crazy) looks and acts and talks differently than the 'modern' Mickey.

      If the copyright on the original Mickey expired, you could create new works that were derivative of that. But they could NOT be derivative of later works that were still copyrighted. So the later changes to the character (e.g. facial structure) couldn't be used by you, though you could change your own Mickey in new ways.

      --
      -- 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.
    3. Re:But do they ever actually lose the character? by AirRock · · Score: 0

      The character might be copyrighted, but the use of the movie should not be. Disney created the character and have control over him. Just like Marvel has copyrights over spider-man and the x-men, (tho the respective creators should hold those rights, but that's a different issue alltogether) Marvel can do whatever they feel like.

    4. Re:But do they ever actually lose the character? by yerricde · · Score: 2, Insightful

      The character might be copyrighted

      But then again, it might not thanks to a faulty copyright notice.

      --
      Will I retire or break 10K?
    5. Re:But do they ever actually lose the character? by AvitarX · · Score: 1

      But you can do that now.

      How many "Purple Dinosaur" and Big Mouse earily siomilar to Mickey are available for birthday parties?

      Quite a lot.

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
    6. Re:But do they ever actually lose the character? by zenyu · · Score: 0

      However, there is a very important caveat. Consider Mickey Mouse: the original Mickey Mouse from the 1928 shorts (Steamboat Willy, The Galloping Gaucho, and Plane Crazy) looks and acts and talks differently than the 'modern' Mickey.

      I think you could already do a derivative of Steamboat Willy, since it's just a cartoon version of Buster Keaton's Steamboat Bill Jr. which must have expired by now. Just call your version "Steamboat Billy... the mouse cartoon"

  31. Bravo Tim! by valisk · · Score: 1
    For me, Tim O'Reilly is a close to a perfect model of what every businessman should be as possible.

    After hearing of this a few months back, I emailed him If I were American I would vote for him as President, he gently told me he was Irish, and with me being British, I guess it would have to be President of the EU if he ever decides to come home :)

    --

    Economic Left/Right: -0.62
    Social Libertarian/Authoritarian: -3.69
  32. Woohoo! by AndroidCat · · Score: 5, Funny

    Only 16 more years until my copy of O'Reilly's Programming with Curses goes public domain!

    --
    One line blog. I hear that they're called Twitters now.
  33. Retard by Anonymous Coward · · Score: 0

    Were you dropped on your head as a child, or what?

  34. Copyright idea - pay for longer terms? by rhfrommn · · Score: 5, Interesting

    I have a idea that just jumped into my head while reading this thread.

    Why not make copyrights variable? The author could choose to accept the free default (short) copyright, or pay to register for a longer one. And the extra premium you pay for additional years gets more expensive the longer you want it.

    Ok, in order to clarify what I mean, how's this for an example.

    20 years copyright: Free, no registration required.
    30 years: $10,000 registration fee
    40 years: $25,000 registration fee
    50 years: $100,000 registration fee
    75 years: $1,000,000 registration fee

    That way, if you're a big company like Disney and you have something you think will be big, you can pay more to lock it up longer. But if you're willing to let your stuff go into the public domain sooner you don't pay anything.

    Maybe you would allow a copyright holder to change their mind and extend the copyrights later. If you didn't regiser to extend it and your product was a big hit, maybe you could sign up for the longer protection at a later time. Although I think that should be even more expensive than buying the longer copyright protection up front since you could wait till you see how successful your product is before registering (less risk = more cost).

    Even better would be a way to make the copyright charge based on the "value" of the property. Like you'd pay more for a long copyright on Star Wars than you would for a long copyright on Battlestar Galactica. I have no idea how that would work, but it would obviously be a better system than a fixed rate since people who make less from their item don't pay as much to register it.

    I don't know if even *I* like this idea, but it seemed to me that it might be worth throwing out there. Thoughts?

    --
    My motto is: Never give up - unless it's harder than you want it to be.
    1. Re:Copyright idea - pay for longer terms? by donutello · · Score: 2, Insightful

      So now if you're a poor writer who cannot afford the big registration fees, you have two options:

      1. Settle for the 20 year copyright.
      2. Sell your soul to some big monolithic corporation who will own you till the end of time.

      Sounds suspiciously like what's wrong with the music industry right now.

      --
      Mmmm.. Donuts
    2. Re:Copyright idea - pay for longer terms? by sharekk · · Score: 1

      The problem with this is that it plays directly to the big corporations. The idea of the copyright is to protect the person who created the content. Say you write a book or create a movie that you think will be an incredible hit. You just know that people will be buying fresh copies for the next century. If you want you and your heirs to get full benefit you have to sell it to a large company unless you have a million in cash lying around somewhere (well OK, you could take out a loan but it'd be a lot of work for your average guy). To large companies such as disney I doubt it would hurt at all to drop an extra million into what they think will be the more popular movies. So while I think it's a great idea to somehow discourage having long copyrights this method just screws over people who work on their own.

    3. Re:Copyright idea - pay for longer terms? by jedidiah · · Score: 3, Insightful

      No, you definitely DON'T want to give discounts to copyright extentions for "worthless products". If anything, you would want to encourage media moguls to release anything that wasn't making money for them. Otherwise, you end up with more or less the same mess you have now.

      The fees should not be tied to product value. The fees should be universal and indexed for inflation. The fee should actively DISCOURAGE hoarding of works that won't be published.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    4. Re:Copyright idea - pay for longer terms? by Stultsinator · · Score: 2, Insightful

      I don't like the idea that if I wrote Moby Dick when I was 30 I'd have to relinquish my copyright or fork over my retirement money when I was 70.

      In fact, if IP is truly property it should also be inheritable. One should be able to go through life releasing high-quality works, making enough off of each one just to get by, and then be able to leave the collected works to one's children.

    5. Re:Copyright idea - pay for longer terms? by mattrix2k · · Score: 1

      Two points: 1) Berne requires at least 50 years of copyright automatically. 2) What your suggesting is similar to this, albeit slightly more expensive.

    6. Re:Copyright idea - pay for longer terms? by pmz · · Score: 0

      Thoughts?

      Make the default three years. That'll cover software and its documentation. Once something stands no chance of generating revenue, the company should just chuck it into the public domain by default. Make them pony up the cash if they want to keep their power over their customers.

      Also, ramp up the prices faster. Make the big super-corporations pay through the nose in exhange for the right to be assholes.

    7. Re:Copyright idea - pay for longer terms? by pommiekiwifruit · · Score: 1
      In fact, if IP is truly property it should also be inheritable.

      I'm not keen on aristocrats owning so much of the land just because their ancestors were in with the winning side. Nor that you should inheirit the presidency like in kingdoms with real power (e.g. Saudi)/USA/India. (Symbolic/backstop kings/queens like in europe/thailand are ok though).

      It seems that normally wealth and power concentrates itself in fewer and fewer people, So that's why we have death taxes.

    8. Re:Copyright idea - pay for longer terms? by renec · · Score: 1

      Lord knows Disney will have trouble paying for those longer terms (Where will they find a MILLION dollars?!?!)! You are really sticking it to the big guy, while saving the little guy with that plan!

    9. Re:Copyright idea - pay for longer terms? by ChaosDiscord · · Score: 3, Insightful
      I don't like the idea that if I wrote Moby Dick when I was 30 I'd have to relinquish my copyright or fork over my retirement money when I was 70.

      I don't know, you might try working for the intervening forty years, just like the rest of the world. I didn't write my first computer program then retire on the proceeds. No, I keep writing new software. Movie makers film new movies, musician record new albums, and writers write more books. Maybe sometime in those forty years you could manage at least one more book? Is it that bloody hard? Melville wrote a number of books after Moby Dick , why can't you?

      In fact, if IP is truly property it should also be inheritable.

      Any copyrights that continue to exist are inherited. That would be why copyright is Life + 70 years for human copyright holders. Of course, shouldn't you spend some time raising your kids to get their own jobs, or at least write their own books?

    10. Re:Copyright idea - pay for longer terms? by Anonymous Coward · · Score: 0

      Any copyrights that continue to exist are inherited. That would be why copyright is Life + 70 years for human copyright holders. Of course, shouldn't you spend some time raising your kids to get their own jobs, or at least write their own books?

      Life+70 will probably cover you, your children, and grandchildren for all their lives. This is rediculous.

    11. Re:Copyright idea - pay for longer terms? by bandannarama · · Score: 1

      "Even better would be a way to make the copyright charge based on the "value" of the property. Like you'd pay more for a long copyright on Star Wars than you would for a long copyright on Battlestar Galactica. I have no idea how that would work, but it would obviously be a better system than a fixed rate since people who make less from their item don't pay as much to register it."

      I disagree. This would be double taxation. The value of a work is determined by what you can sell it for; if they're selling it, they're already being taxed.

      For example, 75 years from now, if the company can sell Star Wars merchandise for $10 and Battlestar Galactica for $1, the sales and earnings taxes associated with those transactions might be (for example) $1 and $0.10 respectively. The variability in the value of the works is already taken into account.

      Otherwise, you have an interesting idea.

      --
      Bandannarama
    12. Re:Copyright idea - pay for longer terms? by palmech13 · · Score: 1

      They already do pay for copyright terms. Re: lobbyists. It's worked so far...

    13. Re:Copyright idea - pay for longer terms? by innot · · Score: 2

      I like the idea of a pay-for-copyright-extension. This way even Mrs. Bono can have her "forever minus one day" copyright extension. She just has to pay "infinit minus one dollar" and will have copyright protection until judgment day. At least with such a scheme the public would have some profits from ever extending copyrights, unlike today, where the public does not profit (by having ideas placed into the public domain) anymore and instead has to pay for the law enforcment to protect IP owners.

      --
      X IMPRIMITE "SALVE TERRA!"
      XX ITE AD X
    14. Re:Copyright idea - pay for longer terms? by mpe · · Score: 1

      Two points: 1) Berne [cornell.edu] requires at least 50 years of copyright automatically.

      When has a treaty stopped the US government? Arguably global warming and nuclear weapons are far more danger to humanity than shorter copyright terms.

    15. Re:Copyright idea - pay for longer terms? by PCM2 · · Score: 1
      Even better would be a way to make the copyright charge based on the "value" of the property. Like you'd pay more for a long copyright on Star Wars than you would for a long copyright on Battlestar Galactica. I have no idea how that would work, but it would obviously be a better system than a fixed rate since people who make less from their item don't pay as much to register it.
      Sounds like a solution to a problem that doesn't exist. Registering a copyright costs next to nothing -- USD $30, plus postage and maybe a trip to Kinko's. In fact, merely owning a copyright is totally free. So it's not like people who don't expect to make money from their copyrights are at some kind of disadvantage.
      --
      Breakfast served all day!
    16. Re:Copyright idea - pay for longer terms? by Samrobb · · Score: 1

      The solution to this is to allow paid-for copyright extensions. Set a default, "free" copyright of N years - in this example, N == 20. Before the initial 20 year term expires, you have the option of paying a fee - say, $10,000 - to extend your copyright for another 10 years. Each additional 10 year extension doubles the fee.

      With this type of structure, a "poor writer" would get his default 20 year copyright. If he profited from his work, he would have the ability to extend his copyright.

      --
      "Great men are not always wise: neither do the aged understand judgement." Job 32:9
  35. If it were software... by AndroidCat · · Score: 1

    Then the Atair Basic (Micro-Soft) would just about be public domain. (Everyone could swap papertapes of it guilt free!)

    --
    One line blog. I hear that they're called Twitters now.
    1. Re:If it were software... by jbolden · · Score: 1

      Are you sure it isn't? Microsoft has actually been pretty generous about PDing very old software.

  36. because *BSD is dead by b17bmbr · · Score: 1

    when your OpenBSD server with 30 year uptime needs work, you'll need one of those manuals!!

    --
    My problem? I was perfectly gruntled, until some numbnuts came by and dissed me.
    1. Re:because *BSD is dead by AndroidCat · · Score: 1

      I'll bet some people would have killed for some copies of 28 year old manuals when trying to fix Y2K problems. Or was that -72 years?

      --
      One line blog. I hear that they're called Twitters now.
  37. Just Got My Notice by tokki · · Score: 1

    I just got my notice in the mail. I'm giving mine up to the public domain after 14.

  38. The Start of Choice by lousyd · · Score: 4, Interesting
    This is what I see happening as more and more people start opting in to shorter copyright terms on their intellectual "property". When the Homey Bobbo Copyright Extension Act of 2005 comes up for the vote, Disney and ilk will argue that there's no problem with the extension because it's not so much a mandate as an option. "Look! Other people are voluntarily limiting themselves! Let those who oppose the extension do the same!"

    And copyright law becomes an issue of choice, in the same way that you still have the choice to close-source your software. You think copyright terms should be shorter? Vote with your work. You think it should be 130 years? You have that option.

    This is just what I'd expect from a publisher who espouses the value of choice, including the choice to not share. This could be good.

    --
    If aspiration is a virtue, achievement cannot be a vice.
    1. Re:The Start of Choice by maxpublic · · Score: 4, Insightful

      And copyright law becomes an issue of choice, in the same way that you still have the choice to close-source your software. You think copyright terms should be shorter? Vote with your work. You think it should be 130 years? You have that option.

      Ideas are not property. Inventions are not property. Copyright laws weren't invented to protect 'property' (there are other laws for this, dealing with 'theft') but to allow creative sorts some measure of time to profit from their work before said work was turned over to the commons.

      It was a fundamental assumption of the Founding Fathers that no man could own an idea or an invention, that all creative work was derivate of work that came before it, and therefore that it must eventually be given over to the public (in essence, nothing you do in this regard is ever truly original). One of the great Orwellian word-plays of the day is to take intellectual labor and turn it into intellectual 'property', equating it to physical property. Just look how many people buy into the nonsense, and actually argue in support of it!

      Copyrights are not about protecting property but about protecting the motivation of people to create, by giving them a decent time to profit from creativity. There is no 'property' in these endeavors, nor has there ever been any property. The entire concept of property is utterly irrelevant when it comes to copyright, although there are plenty of brainwashed idiots who take what's spoon-fed to them and parrot it endlessly, letting others do their thinking for them.

      The problem with long copyrights is relatively straight-forward: what you invent is by necessity based upon all relevant inventions, research, and science that's gone before you. Your invention would not have been possible if these things had not been available to you. Overly long copyrights make it possible to stifle or even bring creation to a screeching halt because they profit only those invested in the status quo. Why bother to invent thing x if Company ABC is going to sue you for it, or require an enormous licensing fee, because your invention stands upon the shoulders of what they've done? In essence, these copyright laws claim that Company ABC is perfectly justified in claiming ownership not only in what they invented, but also everything that's gone before their invention - and that future potential inventors aren't allowed to do the same.

      Remember, we live in a society where copyright extends to 1-click shopping and naturally occurring phenomena, like genes. You don't even have to invent something derivate, you simply have to yell 'dibs!' fast enough to get a patent. And once you do, it's wholely within your power to put an end to any invention based upon whatever you've copyrighted, or to make the price of entry so high most folks won't bother.

      According to the U.S. Constitution, the highest law in the land, there exists one and only one justifiable reason for copyright:

      "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; "

      Anything else is bullshit, and uncontitutional besides.

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
  39. Will the authors have a say? by Aidtopia · · Score: 2, Interesting

    Authors retain the copyright to most books published in the United States; they simply license reproduction and distribution rights to a publisher. Terms vary, but typically the rights revert to the author when the book goes out-of-print. So my original question was how can the O'Reily (the publisher) decide to release something to the public domain?

    But now I see a strange pattern as I investigate the books on my nearest shelf. Every copyright notice has the author's name except for the O'Reily books. Has O'Reily been forcing its authors to assign all copyrights?

    1. Re:Will the authors have a say? by AragornSonOfArathorn · · Score: 1

      RTA: Although in most cases it owns the rights to the books it has published, O'Reilly will release books under the Founders' Copyright only with the author's permission. The company is in the process of soliciting that permission, and 80% of the authors who have responded to date have agreed to honor the Founders' Copyright. O'Reilly is also applying the Creative Commons Attribution license to hundreds of out-of-print books, pending author approval.

      to summarize, they will only adopt the Founder's Copyright if the authors agree, even if O'Reilly itself owns the copyright.

      --
      sudo eat my shorts
    2. Re:Will the authors have a say? by An+El+Haqq · · Score: 1

      Yeah, O'Reilly is a real trooper with these copyrights. Maybe one of these days, the company will start assigning copyrights to the authors instead of hoarding them for itself. Presumably the texts are works for hire.

      If a piece of work is classifiable as "work for hire," then the publishing company owns the copyright. See this article and a summary of the relevant law. Recently musicians have found their work falling under an expanded clause.

    3. Re:Will the authors have a say? by egomaniac · · Score: 1
      Authors retain the copyright to most books published in the United States; they simply license reproduction and distribution rights to a publisher. Terms vary, but typically the rights revert to the author when the book goes out-of-print. So my original question was how can the O'Reily (the publisher) decide to release something to the public domain?

      Well, Mr. I Didn't Read The Article, the following passage from the article may come in handy:
      Although in most cases it owns the rights to the books it has published, O'Reilly will release books under the Founders' Copyright only with the author's permission. The company is in the process of soliciting that permission, and 80% of the authors who have responded to date have agreed to honor the Founders' Copyright. O'Reilly is also applying the Creative Commons Attribution license to hundreds of out-of-print books, pending author approval.
      --
      ZFS: because love is never having to say fsck
    4. Re:Will the authors have a say? by dvdeug · · Score: 1

      So my original question was how can the O'Reily (the publisher) decide to release something to the public domain?

      The article mentioned that they were getting the author's permissions.

      Every copyright notice has the author's name except for the O'Reily books.

      What's on your bookshelf? Looking at mine:

      The GURPS books are all copyright Steve Jackson Games.
      Teach Yourself Esperanto is copyright both by the publisher (1957, 1968, 1987) and the last revisor (1987).
      The Languages of Middle Earth is copyright by the author.
      The Icon Programming Language is copyright Prentice Hall, as was Minix.
      The Pascal User Report is copyright Springer-Verlag.
      Forth: The New Model is copyright M&T publishing.
      Programming in Ada 95 is copyright Addison-Wesley.
      (This isn't new, either: Best Russian Short Stories is copyright 1917 by Boni & Liveright, Inc.)

      So I see a strong, but not absolute, tendency for authors to assign their copyright to the publisher.

    5. Re:Will the authors have a say? by lucas_gonze · · Score: 1

      I'm an O'Reilly author. They've been completely respectful about this -- no pressure at all, except to respond one way or the other.

    6. Re:Will the authors have a say? by nagora · · Score: 1
      Forth: The New Model is copyright M&T publishing.

      I'd never noticed that before, but I'm pretty sure that Jack offer(ed?) the contents of the (last one I ever bought) 5.25 floppy on his website.

      TWW

      --
      "Encyclopedia" is to "Wikipedia" what "Library" is to "Some people at a bus stop"
  40. For what it's worth... by NaugaHunter · · Score: 2, Informative

    Moby Dick is available at Project Gutenberg. Herman Melville died in 1891; it was release in 1991.

    As far as 28 years for computer texts go, if you're talking about something like Using Java 1.2, then yes most of the information within it would be dated. However, if you're talking about books along the line of 'Solving Real World Problems with Logical Representations', then the concepts would still be useful, even if the examples require modernization. (And there's no such exact book that I know of, though there are probably similar ones that approximate it.)

    --
    R: That voice. Where have I heard that voice before? B: In about 365 other episodes. But I don't know who it is either.
  41. Stop Knocking Them by nick_davison · · Score: 0, Redundant

    I'm really looking forward to my free as in beer copies of "Algol-68 In A Nutshell", "Colossus, the missing manuals" and "BBC BASIC: The Definitive Reference"

    Seriously, the day after an article on VIC20 catridges is posted on games.slashdot.org, it's pretty hard to claim that resources on out of date hardware/software aren't going to be pretty useful to the retro gamers in another thirty years. Imagine how much easier it would be, building emulators, writing new Atari games, etc. if you have an O'Reilly level guide from the era.

  42. Copyrighted content is like a capacitor... by Joey7F · · Score: 1

    ...capacitors charge exponentially. They never full charge but after five time constants we say it is completely charged. ...profits from contents decay over time (exponentially?). They never fully capitalize on their potential, but after 15 years most content has made most of its money.

    So why do content holders insist on 90+ years? I can think of three reasons:

    1. There is still money to be made occasionally from historic pieces.

    2. They fear free content would divert consumers from newer content.

    3. While individual movies aren't worth protecting, the set of all older movies is.

    If ITunes catches on with Apple, maybe we will see IMovies, ITV etc.

    --Joey

  43. He cheats authors - praise him! by Cardbox · · Score: 0

    So let's see - as an author I'd get life-plus-70-years for anything I write... but then if I publish with O'Reilly he forces me into this restrictive contract that shortens my royalty stream by more than 70 years... and you praise the guy?

    1. Re:He cheats authors - praise him! by metsfan · · Score: 2, Informative
      Although in most cases it owns the rights to the books it has published, O'Reilly will release books under the Founders' Copyright only with the author's permission. The company is in the process of soliciting that permission, and 80% of the authors who have responded to date have agreed to honor the Founders' Copyright. O'Reilly is also applying the Creative Commons Attribution license to hundreds of out-of-print books, pending author approval.
  44. GPLed works by jdavidb · · Score: 3, Insightful

    Imagine what would happen if Torvalds and Stallman committed to this. Versions of the Linux kernel from 1990 would be available under public domain terms in a year, and versions of emacs and gcc would already be available. It'd be interesting if all the anti-copyleft people who call the GPL "viral" would be sufficiently anti-GPL enough to fork a 14 year old version.

    1. Re:GPLed works by jbolden · · Score: 1

      I think the 1990 kernel was something like 10,000 lines of code. The GCC from 1990 would barely work on an x86 at all. It would be hard to even call it a fork if they have to go back that far.

    2. Re:GPLed works by dvdeug · · Score: 1

      Imagine what would happen if Torvalds and Stallman committed to this.

      Torvalds isn't going to do you much good, as he doesn't hold the copyright over much of the kernel. The FSF holds all its copyrights, though; interesting question to ask RMS next time he's lecturing or coming up for an interview.

    3. Re:GPLed works by dvdeug · · Score: 1

      The GCC from 1990 would barely work on an x86 at all

      The big question would be, is it more work to take the 1990 GCC frontend and update it to C99 (or probably even full C89), or rewrite that frontend?

    4. Re:GPLed works by jbolden · · Score: 1

      Front end meaning the command line or something else? (I'm losing you here).

    5. Re:GPLed works by dvdeug · · Score: 1

      Front end meaning the command line or something else?

      The front end is the part of a compiler that takes a language and lexes, parses and digests the language; the backend is the part that takes the digested code and turns it into assembly. Writing something that outputs x86 code (the backend) is easier then parsing full standard C, much less the GCC C you'd quite possibly need to handle, which is the frontend's job.

    6. Re:GPLed works by jbolden · · Score: 1

      OK now I understand your original question about updating GCC vs. a rewrite. I have no idea of the answer however :-)

      In any case either its a heck of a lot of work and more than just a simple fork.

  45. Political speech with public domain by SunPin · · Score: 4, Interesting

    Yeah... I agree... that is precisely why I want short copyrights.

    Humor aside, it's the political speech that scares the crap out of corporations. Disney *knows* that people are going to pound them the minute their stuff gets into public domain.

    For music, however, they have no excuse. Some really terrific stuff can come out of public domain music. The political stuff will be irrelevant in this area, I believe. If people aren't buying music, they are searching for popular music for free. Few people, if anybody, search for political music. The '60s protest rock is the extent of my political noise.

    --
    Laws are for people with no friends.
    1. Re:Political speech with public domain by Wateshay · · Score: 4, Insightful

      I disagree. I think there are a lot of people who enjoy politically oriented music of all genres and eras. You may not listen to anything other than '60's protest rock, but I don't think that's representative.

      Just a few very political bands/artists of note: R.E.M., Annie DiFranco, Pearl Jam, System of a Down

      Also, although I agree that copyrights should be shorter (but not non-existent), I'm not sure that I buy your reason for Disney and other corporations not wanting things to go into the public domain. In what way is anybody's ability to say what they want politically related to whether or not Disney owns the copyright on Steamboat Willy? I don't think Disney wants the copyright on any of their cartoons to expire because then they lose their monopoly on the Mickey Mouse name, not because of political motivations.

      --

      "If English was good enough for Jesus, it's good enough for everyone else."

    2. Re:Political speech with public domain by edwdig · · Score: 1

      I don't know anyone that considers REM a political band. People listen to System of a Down because they're heavy, not for content. It's been so long since Pearl Jam was remotely popular I can't comment on them. And I've never known anyone who listens to Annie DiFranco.

      A good example of a politcal band would be Rage Against the Machine. And almost everyone I know that listens to them listens in spite of the politicalness, not because of it.

    3. Re:Political speech with public domain by SunPin · · Score: 1

      Rage is very good stuff. Pearl Jam (like rage) started getting severely off any conceivable political point after the second album. Record companies would rather figure out how to sell Fruit Loops with a song than let an artist speak out against something. Pre-packaged sanitary crap rules the industry.

      --
      Laws are for people with no friends.
    4. Re:Political speech with public domain by Threni · · Score: 1

      >Just a few very political bands/artists of note:
      >R.E.M., Annie DiFranco, Pearl Jam, System of a Down

      I wonder what label they`re on. You`ve gotta love all these protest artists, all signed to labels which are ultimately owned by companies who make their money from building nuclear weapons, fighter planes/bombers etc! Oh, the irony!

    5. Re:Political speech with public domain by Anonymous Coward · · Score: 0

      And where did you check to verify that your statement was actually correct?

      Where?

      That's what I thought.

      Ani DiFranco is a poster child for the "We don't need big corps we can do just fine on our own thank you very much!" movement.

    6. Re:Political speech with public domain by Wateshay · · Score: 1

      No to be rude, but maybe you should get out more. There are a lot of people with opinions that differ from you and your friends, and a lot of people listen to music for a lot of different reasons. It just so happens that almost every R.E.M. fan I know (myself included) considers them a political band, not everyone listens to System of a Down just because they're heavy, and even though Pearl Jam's popularity has waned, they were most definitely a political band in their prime and many people listened to them because of that.

      --

      "If English was good enough for Jesus, it's good enough for everyone else."

    7. Re:Political speech with public domain by visualight · · Score: 1

      RAGE AGAINST THE MACHINE!!!

      --
      Samsung took back my unlocked bootloader because Google wants me to rent movies. They're both evil.
  46. Changes are coming in tech publishing ... by jc42 · · Score: 5, Interesting

    For another data point, you might find it interesting to check out the changed rules at Nature magazine. For some reason, /. wouldn't accept the usual html tag, so here's the URL:

    http://npg.nature.com/npg/servlet/Content?data=x ml /05_news.xml&style=xml/05_news.xsl

    In February, they basically dropped the old rule that you had to sign your paper over to them to get it published. Now their rule is that copyright must stay with the original author(s). To get it published, you assign to Nature a license that leaves you with ownership and the right to do essentially everything except give up ownership of your paper. You can use it freely in classroom material, make reprints, and put it up on web sites, as long as you maintain control. You can't hand it over to an employer, no matter what their rules may say.

    If your employer already has a legal claim to your paper, Nature won't publish it. To get it published, your employer must first give you full rights.

    And they are assigning ownership of all previously-published papers back to the authors under the same terms.

    Their intent is to guarantee that any research that they publish can be made available to the public by the author(s), and that employers can't take any publication rights away from an author.

    It'll be interesting to see what other tech publishers do.

    --
    Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    1. Re:Changes are coming in tech publishing ... by cweber · · Score: 3, Informative

      Nature's change wasn't just motivated by employers taking away right from authors. There was and is a growing dissent from various corners of the political spectrum and of the scientific establishment that signing over to a (private) publisher copyright of a manuscript that resulted from publicly funded work is fundamentally wrong. If you read the fine print of some of those contracts, after a paper is published a scientist can often not legally use an illustration from that paper in a presentation without written consent from the publisher. Of course, most of us never bothered and got away with it, but increasignly less so.

      Another facet of this is the growing prevalence of ties from academic institutions to commercial entities. Most of these agreements stipulate some form of IP transfer to the commercial side. The government research funding agencies have had an increasingly hard time to allow such wholesale transfer of publicly funded research results to the private sector. Many public grants now stipulate that private cosponsors cannot stop or influence the publication of research, other than maybe hold it up for a short time to review it for possible exploitation down the line (say, through patents).

      All told, Nature's step is very commendable and is a great first step in a direction opposite from current trends.

  47. I would settle for $1 fee by asmithmd1 · · Score: 3, Insightful

    The problem with many old, but still copyrighted works, is that it is impossible to track down who if anyone holds the copyright. For example, who has the copyright on old Apple II games. If there were a $1.00 fee every ten years at least we would know who to go to in order to license the work.

  48. CC appears to own the copyright... by pnutjam · · Score: 1

    Look like all I have to do is wait about ten years so Creative Commons owns enough copyrighted material to make it worth my while, then stage a "hostile takover". All the copyrights will then belong to me and I can license them at whatver cost I wish.
    BWAHAHAHA....

  49. Altair basic by bninja_penguin · · Score: 1

    I could actually use that!!! One of my clients would really like to get his Altair up and running, if for nothing else but to say he's got it running. (He's actually willing to pay my going rate). Alas, it's got issues, and he has the machine, but no manuals...
    Just because one person wouldn't find information useful doesn't mean every person would.
    Look at the literary critics of today. They claim the originals of stuff like Moby Dick are classic, and if the writers of today would just go back to their roots..... But I find the original Moby Dick to be obtuse, hard to read, and thoroughly unenjoyable. Even so, it should be public domain, as should all works that are 14-28 years old. All corporate institutions should die.

    --
    For those who describe their systems as 'boxen', do you order multiple 'boxen' of corn flakes also?
  50. Well... by azhrarn33 · · Score: 2, Interesting

    /. is always saying we don't need more legislation on copyrights (more extensions and such), but to work things out economically.

    So here's an opportunity to send publishers a message.

    Everytime you buy an O'Reily book, circle the purchase on the receipt and send it to their offices, with a short note saying something like:

    "I chose this book not only because I think it will be a high-quality resource but also because of your commitment to allowing innovation by limiting the term in which you hold exclusive copyrights to it. Thank you for your intelligent stance on IP." Send a copy to one of their competitors as well, saying that you didn't buy -their- book for the same reason.

    If a publisher/producer/company of any sort gets enough of this type of feedback, other companies will take notice. And that's when they start limiting themselves, and not paying congress to buy more copyright extensions.

    --
    Trolling-putting a rubber c0ck down your pants and cutting it off with a chainsaw: noisy and it makes you look d1ckless
    1. Re:Well... by jbolden · · Score: 1

      Every company in America knows the value of a positive brand name label. O'Reilley has been able to brand their products succesfully since they started in a niche with little compitition and branched out. Little PR stunts like this are very common for corporations.

      That's not to say I don't think Tim's a great guy but the fact that everyone thinks Tim's a great guy doesn't escape computer book publisher's attention. Its just very difficult to build that kind of brand especially for a minor division of a subcompany of a corporte congolmerate where the goals keep changing every 6 months.

  51. I'm proud by SquadBoy · · Score: 1

    to be wearing my O'Reilly shirt today. :)

    --

    Cypherpunks: Civil Liberty Through Complex Mathematics. Those who live by the sword die by the arrow.
  52. Not true at all.... Widen the blinders.... by SerpentMage · · Score: 1

    Not correct at all. 28 years is a whee bit short. For technical manuals this is on the edge of out of date and still useful. But for novels this is nowhere near enough.

    Case in point, "Stranger in a strange land". Great SciFi book written in 1961, which means it would have been in public domain in 1989 it would be entered into the public domain. Or how about the original Hitch Hikers Guide to the Galaxy? It would be really close to becoming public domain.

    Sorry, but this is not right. Not to say that the current are better. But there are people who earn their monies from writing books.

    I also think that having that many novels coming into the public domain will pressure writers to earn less. Consider it as follows. When books enter the public domain the publishers win and author looses. If the publisher knows that there is a short copyright then the publisher will wait and create a market in "cheap" books. These books already exist in the book stores now. If the supply of these books is huge then people will buy those books and not the new ones. For example, while Frankstein from Shelly is a damm good book, it is only for those BOOK readers willing to make the time for the book. It was written in a prose that simply is not used these days. But contrast that with Stranger in a strange land or Hitch Hikers Guide to the Galaxy. These books are still written in a modern prose using semi modern plots, etc. These books would undercut author's right to earn an income, because as we all know in the end it is the publishers that win not the creators of the content.

    I personally would go for the rule, Authors Life + 14 years. That would be fair because for the life of the author they can earn a living and shortly thereafter for other expenses. Having longer after the life of the author means again it is the publisher that profits not the original creator of the content.

    --

    "You can't make a race horse of a pig"
    "No," said Samuel, "but you can make very fast pig"
    1. Re:Not true at all.... Widen the blinders.... by pommiekiwifruit · · Score: 1

      I don't think the authors of those two books are making much money from those great books, on account of them being dead.

      And as for the popular tune "Happy Birthday", written in the 19th century still being owned by AOL, well that's really stretching things!

      But I like the sound of min(Life+14,50) for books/music. Of course Iraq had life+25 years but the US is sending Hilary Rosen over to install perpetual copyright there, so that won't last :-(

    2. Re:Not true at all.... Widen the blinders.... by arose · · Score: 1

      Well, I did some work a few years ago, why am I no longer paid for that?
      The point is people should earn by writing, not by writen.

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    3. Re:Not true at all.... Widen the blinders.... by SerpentMage · · Score: 1

      Because maybe it is not popular enough? Or that people do not want to pay to read your material anymore? I am sorry that you are not, but them's are the breaks. BTW I am a professional writer.

      The point is that you should have the right to be paid for the work that you created. Hence my idea for the rule life of creator + 14.

      --

      "You can't make a race horse of a pig"
      "No," said Samuel, "but you can make very fast pig"
    4. Re:Not true at all.... Widen the blinders.... by SerpentMage · · Score: 1

      Yeah, I knew that both of them were dead. For Hitchhikers Guide it would mean in 13 years his material would be public domain.

      And yes I agree with your Happy Birthday tune and owned by AOL. AOL owning the copyright does not help the original content creator.

      Yeah I know sending in Hilary Rosen, will be a good thing (NOT!)

      --

      "You can't make a race horse of a pig"
      "No," said Samuel, "but you can make very fast pig"
    5. Re:Not true at all.... Widen the blinders.... by mpe · · Score: 1

      I don't think the authors of those two books are making much money from those great books, on account of them being dead.

      If an author becomes popular/well know he or she can probably easily sell any new work (so long as it's not awful) since they have a "fanbase".
      Even if their older works are in the public domain publishers are still likely to want their latest books because they are likely to sell.

    6. Re:Not true at all.... Widen the blinders.... by studerby · · Score: 2, Informative
      Not correct at all

      Is not! Is so! IS NOT! IS SO!

      If you're going to argue this point, you need to do better than reference a couple of the greatest SF books of all time; by their nature, they are exceptions. You're going to need numbers that give us the longevity of the typical work, not the exceptional one.

      My numbers:
      In 1930, 10,027 books were published. Today, 174 of those books are still in print. Source: a Red Herring article on copyright

      The other 9,853 books are not deemed worth the cost of keeping in print, or the rights owner has died and no one knows who has the power to grant permission, or a thousand different reasons, all of which keep the work "frozen", even if someone wants to do something with it as a labor of love, or perhaps in a niche market that doesn't interest the rights holder.

      Keep in mind that, for the vast majority of works, the slope of the sales curve is initially very steep; 80% of a typical paperback title's copies are sold in the first 3 months (source). Or consider music; for the last few years there have been about 25,000 to 35,000 new titles released each year, of these about 7,000 are released on major labels, and of those only about 10% are profitable (source). We can safely assume that the unprofitable titles go out of print. A small percentage are re-issued by indie labels, but again, the majority of titles end up in the vault, waiting for copyright to expire, useful to no one.

      --

      .sig generation error:468(3)

    7. Re:Not true at all.... Widen the blinders.... by arose · · Score: 1

      I meant physical work. You have the right to be paid for the work you do, not the work you done.

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
  53. A baby step towards sanity by Elpacoloco · · Score: 1

    This is indeed what the founding fathers intended with copyright -- You profit from your work for a while, then it becomes public.

    Copyrights are so long these days, once you've written one book, there's no need to write a second one.

  54. smells like yet another PR stunt by zanderredux · · Score: 1

    so what? computer programs usually do not outlive book copyright periods (due to new versions, obsolecence, etc)!

  55. Step in the right direction by salesgeek · · Score: 1

    Even though computer books become obsolete quickly, there's still value in supporting reasonable durrations for copyright. Way to go OReily!

    --
    -- $G
  56. Fair Use? by Jeremy+Erwin · · Score: 2, Insightful

    The founders copyright predates the 1841 case Folsom v Marsh which attempted to delineate fair use. So, do 1790 definitions of infringement apply to these books?

  57. 3. is correct by Tony · · Score: 1

    3. While individual movies aren't worth protecting, the set of all older movies is.


    Every time Mickey Mouse's copyright is due to expire, the copyright gets extended. One of the biggest funders of the Sonny Bono Copyright Extension Act: Disney.

    It's not hard to see that our cultural heritage is being held safe from us simply because Disney doesn't want to lose their prime mascot.

    Sucks to be us, doesn't it?

    --
    Microsoft is to software what Budweiser is to beer.
    1. Re:3. is correct by Joey7F · · Score: 1

      Of course, Mickey Mouse is trademarked so he can't be used for any other purpose.

      When I say that all older movies are worth
      protecting I mean...

      When you have to make room on your hard drive, you start by deleting large video files, or the like. You won't start deleting text files. However, if you deleted all of your text files, that might show up as significant.

      --Joey

  58. Thankyou O'Reilly by 26199 · · Score: 1

    Respect.

  59. Saving stuff from disappearing by dsplat · · Score: 4, Insightful

    The real value in this is that it helps to keep the commons populated. The commercial value of computing texts after 28 years is effectively nothing. But this makes tracking down older reference materials easier if someone is willing to make them available online. Sure, most technical books are long-forgotten after nearly three decades, but the first edition of Kernighan and Ritchie's The C Programming Language is 25 years old, and Knuth's The Art of Computer Programming goes back several years farther than that. I don't begrudge either the authors or the publishers of those books a penny. But they are still in print in later editions. Releasing other books into the public domain at a time when they aren't profittable to keep in print helps to ensure that they don't disappear entirely from neglect.

    --
    The net will not be what we demand, but what we make it. Build it well.
  60. PARENT IS TROLL PEOPLE by Anonymous Coward · · Score: 0

    I mean, seriously, who's actually that much of an idiot?

  61. Arn't you forgetting something? by raehl · · Score: 1

    Either way, when the copyright term expires, you're still dead.

  62. Sonny Bono by Anonymous Coward · · Score: 2, Funny
    The 1998 Sonny Bono Copyright Extension Act increased the copyright term to the author's life plus seventy years

    How about we all plant a tree in his memory to thank him for this idea ;)

    jay
    1. Re:Sonny Bono by marko123 · · Score: 1

      A copyright extension is named in his honor, and then he ruins his good work by ending his life years early. Will he make up his mind? oh, nevermind...

      --
      http://pcblues.com - Digits and Wood
  63. what about federal preemption? by nudicle · · Score: 1

    I was under the impression that the 1976 copyright act was introduced, at least in part, to get rid of the different copyright regimes in the several states and to bring copyright protection under one federal roof. Are these founders copyrights really enforceable or should they be preempted by federal copyright statutes if challenged? I realize that the founders copyright is contract law masquerading as copyright, and may be, I suppose, distinguishable on that ground from a state defined copyright regime, but should that matter? I mean, if we allow people to contract directly around the federal copyright law does that mean federal preemption in the copyright sphere just goes away? Just wondering. -nudicle

  64. Not quite true by Interrobang · · Score: 1

    When the creator of a work can no longer benefit from that work, not when "doing so would not inflict harm on the creators," then it's ok to have work lapse into the public domain, which is in no way a "seizure," unless of course you consider that any sort of expiry is a "seizure."

    I don't know what sort of "modern political theory" says that the good of society NEVER outweighs the good of the individual (but it sounds an awful lot like Libertarianism to me), but that's totally incorrect. The good of society OFTEN outweighs the good of the individual. That's why we have laws against murder and rape; that's why we have public schools and rural electrification initiatives, and yes, that's also why we have copyrights. And you know damn well that copyright expiry isn't an unreasonable seizure of property; that's why there are binding agreements about it -- to make it 'reasonable,' so come off.

    If you go back and read the original terms of copyright, you will find that it's much closer to the "limited monopoly" argument put forth by the original poster; ideas don't translate well into the 'property rights' sphere (which is a problem we're always wrestling with here on Slashdot), and your argument suggests the type of reasoning the RI/MPAA uses to justify copy protection in the name of copyright protection.

    1. Re:Not quite true by Anonymous Coward · · Score: 0

      it's ok to have work lapse into the public domain

      See, you've got it backwards. There's no such thing as "public domain." It doesn't exist. When you say that works "lapse" into the public domain, you're implying that they came out of the public domain, and that they go back into the public domain at the end of a period of time. That's not how it works at all.

      Works are not created collectively. (Except in the case of a collaboration, but that's obviously not what I'm talking about.) Works are the product of the labor of their authors. So to put a work into this nebulous collective thing we call the "public domain" you have to SEIZE it from the author. You have to TAKE IT AWAY from the creator.

      Imagine a world in which there is no government. (It's just a thought experiment.) I live in my little hut by the sea. You live in a hut a few miles down the strand. I write a poem. Years go by. I have a son. I give that poem to him, saying, "Son, this poem belongs to you now." And so on, down through the ages.

      Would that poem ever "lapse" into the public domain? No. It would continue to be owned, possibly until such time as no one survives to carry on the ownership of that poem, at which point I have to refer you to the case of Finders vs. Keepers. ;-)

      Public domain is seizure. It's the active taking of the rights over a work from its author or the author's delegate and putting them into the hands of... something. Some nebulous collective thing.

      I don't know what sort of "modern political theory" says that the good of society NEVER outweighs the good of the individual (but it sounds an awful lot like Libertarianism to me), but that's totally incorrect.

      If you'll note, I retracted and clarified that statement. I was overzealous when I made it.

      But as for your examples of murder and rape, those are cases in which the good of the INDIVIDUAL is protected by laws.

      And you know damn well that copyright expiry isn't an unreasonable seizure of property

      Depends. In order to determine whether a specific seizure is reasonable or not, we have to get into specifics. I think there's a good argument for seizure of works to be handled on a case-by-case basis by the Librarian of Congress or an agency subordinate thereto. Kind of like a parole hearing. A hearing is held at an appropriate time. If nobody shows up, either in person or in writing, then the work is seized. If an argument against seizure is made, then the Librarian or a representative thereof makes the decision with the understanding that the presumption is to protect the rights of the author.

      But that's just an idea. I haven't really fleshed it out yet.

      If you go back and read the original terms of copyright, you will find that it's much closer to the "limited monopoly" argument put forth by the original poster

      I don't agree with you about this, but let's say for sake of argument that you're right. So what? All that would mean is that the current laws regarding copyright are flawed and in need of revision.

      your argument suggests the type of reasoning the RI/MPAA uses to justify copy protection in the name of copyright protection

      I absolutely support the idea of copy protection. It is the unalienable right of an author or an author's delegate to publish his work in any way he sees fit, up to and including using technology to limit the use or duplication of that work. Should actions taken on the part of consumers to defeat that technology be prohibited by law? I'm not sure. That's another question entirely. But should authors and delegates be allowed to publish their works in protected formats? Of course!

  65. OReilly has it right & mpaa/riaa just don't ge by Anonymous Coward · · Score: 0



    Produce books that use tons of pages so you can't print them out economically, then allow the digital files to be passed around.

    While I have most of the OReilly titles for Perl, PHP, Linux, Unix, shell scripting, and a few other subjects in digital format, and I would never have purchased any of them in dead trees form even if I didn't have the digital form (unless I needed them specifically), I can honestly say that possessing the digital files on the books has caused me to purchase more dead trees books than I otherwise would have purchased in the first place.

    OReilly has it right, and the riaa/mpaa just don't get it. I'm buying MORE from OReilly because I have the digital files (for free), and I've virtually stopped buying or renting any music/movies because of the attitude and actions of the music and entertainment cartels.

  66. To those who complain about it being out dated... by Anonymous Coward · · Score: 0

    Didn't you stop to think that even though technology has advanced, people are still using old systems?

    I wouldn't be surprised if some people may still have use for a computer that can run DOS, and having an old out of date book on it probably would be of some help to them.

  67. Slow down, pilgrim by Anonymous Coward · · Score: 0
    Wow. Are you way off base. Copyright is the legal recognition of an author's natural property rights over his creation.

    First of all, if you are going to talk about what is "natural" then you must have noticed that there is not a natural equivalency between physical property and "intellectual property." That's merely a metaphor, which has become commonplace for various reasons but there is no "natural" obligation to treat the two equally.

    The law's recognition of intellectual property rights is a man-made invention, existing through society's acceptance of it. Thus, it is entirely reasonable to consider how that invented right does or does not benefit society.

    Further, even if we choose to accept that an author should have the same rights over intellectual property as over physical property, that does not justify your assertion that 'copyright should be permenant' given that authors are not. Why, and for that matter how, are we attempting to protect the "rights" of authors after they are dead?
    But because we, as a society, recognize that our civilization as a whole benefits when works are owned by no one and freely available to all, we seize works after a certain period of time.

    Wrong, wrong, wrong. Nothing is "seized" in the case of copyright expiration! An author still has his or her idea even after "selling it" to another, illustrating again that "intellectual property" is not the same as physical property. An author still has his or her idea after the copyright on it expires as well.

    The only thing which the author loses upon copyright's expiration is the monopoly on distribution of that idea. And that monopoly was an artificial construct granted to him or her by society in the first place! Thus, nothing is "seized" that was not due to be returned to society at that time anyway.

    The only grounds which an author could possibly have for complaining of improper "seizure" of copyrighted work would be breach of agreement, if society were to revoke its protection of the author's monopoly before the author had held it for as long as he or she expected to at the time of creating the protected work.

    But by that token, the retroactive extension of copyright to already-existing works, beyond the copyright terms they were created under, is just as much a breach of agreement with society.

    Of course, in that case it is in a sense society that is breaking the agreement with itself. But because the terms of that agreement and the right to modify them are determined by a select few "representatives" of society, who may not be acting in accord with "society's" actual wishes, there is still a lot more room to argue about "undue harm" being inflicted to society than to Disney.

    "Messed up" indeed. As one AC to another, I suggest you discover that ideas on the responsibilities and limits of law did not begin or end with the United States Constitution.
    1. Re:Slow down, pilgrim by mpe · · Score: 1

      But by that token, the retroactive extension of copyright to already-existing works, beyond the copyright terms they were created under, is just as much a breach of agreement with society.

      Anyway since the purpose of copyright is to encourage the creation and publication of new works a retroactive extension is at best redundent. At worst it acts against such encouragement, since a copyright holder might be thinking "xyz is about to expire, best be thinking about creating something new" then when they find out that a copyright extension has happened they just don't bother with any new creation.

  68. A message from the future... by Anonymous Coward · · Score: 1, Interesting

    (Quoted from xttp::sww.marstimes.org.marscolony/./2378924.xtml)

    -

    May 22, 2553
    Excerpts from "Exploring 20th Century Intellectual Property Laws" by Jonathan Swift

    -

    Near the end of the 20th century, the people of the former corprate state known as "The United States of America", under the guise of "protecting the rights of authors", but actually intended to line the pockets of those who owned the few major media outlets, new laws were instituted, extending copyrights from 28 years to the life of the author plus 75 years. And by exerting their economic and military power over the other nations of the world, starting with Europe, and quickly extending to the middle and far east, other nations were forced, or chose of their own free will, to adopt similar copyright limits.

    As we now know, this was their short sightedness which directly resulted in the loss of the vast majority of the culturally significant media from that era.

    The swift advances in computing technology which were taking place at the time meant that standards for reading and writing media changed quickly, and the removeable devices onto which data was written were not robust, degrading to an unreadable state after only 50 years.

    And this was only the tip of much larger problem.

    Corporate America had several other intellectual property laws besides copyright. One of which was called a patent. These patents were only the first obstacle keeping anyone from duplicating, and thus preserving, the software or hardware required to read said media. These patents protected the method by which the data encoded and decoded, how it was encrypted, (it was legal to encrypt works of art until 2239) and yes, even the very order and location of the data on the media.

    If one were able to navigate the minefield of patents protecting a work from being duplicated after the hardware and software required to read it were no longer widely available, one may also have to navigate another minfield known as "trademark" law. Trademark law protected the characters contained within a work, and often the look and style of a work as well. Woe to the person who attempted to duplicate a work by the corporation known as "Disney", even long after copyright and patents protecting the work had expired.

    The final hurdle was copyright law itself. Copyright law offered the most protection of the three intellectual property laws. Copyrights typically lasted for over 250 years because of medical breakthroughs allowing the extension of the average person's lifepsan to 175 years, and the afformentioned 75 years of additional copyright after the original author's death.

    It was because of these intellectual property laws, (and others like the DMCA which were later enacted) that most works were lost. As the years dragged on, and particular works stopped selling, the copyright owners did not take it upon themselves to preserve these works for future generations. And as it was illegal to make copies of these works, or to construct devices capable of transfering the aging and degrading media over to new hardware without violating the millions of patents on said equipment, these works were eventually rendered unreadable and lost forever.

    We now know that to preserve our culture in this digital age, and for the benefit of all beings, that no one must be granted the legal authority to deny the reproduction of so called "intellectual property", that intellectual property belongs to everyone, and that to deny anyone access to intellectual property is to create seperate castes of intellectual property haves and have nots, where some are denied the right to learn from other's creations, produce artistic works with software, and better themselves so that they may become productive members of society.

  69. Own an idea? by Xebikr · · Score: 1

    Maybe you can help me out here. You state that you can own an idea. That an idea is property. How does that work?

    From your comment, it appears that you are a writer. Are you saying that all the ideas you use in your works are original-never-before-thought-of? If so, then Congratulations! Good for you! Pretty much all of the books I read contain ideas that the authors have drawn from elsewhere, either from other novels or other's experiences etc.

    I don't think it's possible to own an idea in the same way you can own a car or house or pencil. Even your manuscript you have for your most recent novel. If come in and take your manuscript, I have taken your property. If I copy it, you still have your manuscript, so I haven't stolen anything. I have violated your legally given exclusive right for reproduction and distribution of your novel. I have infringed your copyright, which is entirely different.

    If copyrights effectively limited ACCESS to works, you might have a point. But they don't. In fact, copyrights ENCOURAGE access to works, by giving publishers a profit motive to print more copies of them.

    That may have been true at one point, when publishing a novel was a cumbersome and expensive process, but not anymore. I think I read earlier today that I can get 500 novels on a cd for free! It might be a bit more difficult for the publisher to give me access to all these books if they had to get permission from each of the authors' estates.

    1. Re:Own an idea? by Anonymous Coward · · Score: 0

      You state that you can own an idea. That an idea is property. How does that work?

      I said that works are property. The question of whether an idea is property or not is more complex. Ideas can, for example, be reached independently by more than one person. Works, on the other hand, cannot be, except in the most trivial of cases. Nobody ever sat down and accidentally wrote a Henry Miller novel.

      Are you saying that all the ideas you use in your works are original-never-before-thought-of?

      Remember: we're talking about copyrights. Copyrights protect works, not abstract ideas. An idea is, "a novel about the First World War." A work is All Quiet on the Western Front.

      If I copy it, you still have your manuscript, so I haven't stolen anything.

      If you copy it, then you have taken something from me without my permission. You have stolen it. Your assertion that taking without permission is okay when copying and not okay in other cases is, frankly, silly on its face. What matters is whether you GOT something, not whether you DEPRIVED ME of something.

      I think I read earlier today that I can get 500 novels on a cd for free!

      Have you been to a public library recently? You can get all the books you want for free. Copyrighted ones, too. You just can't keep them. You have to give them back when you're done reading them.

    2. Re:Own an idea? by Anonymous Coward · · Score: 0
      I said that works are property

      They don't fit the usual legal definition of property. The most significant example is that copyrights are (supposed to be) for a limited term. All other property, you or your heirs own forever. Copyrights are only yours to use temporarily. The "work" belongs to the public. You just have a long-term lease.

    3. Re:Own an idea? by Xebikr · · Score: 1

      I said that works are property.

      In a previous post someone said "Ideas are not property. Inventions are not property" and you replied "Yes, they are." So my remarks were directed to that comment.

      If you copy it, then you have taken something from me without my permission.

      What have I taken from you? You still have your manuscript. All the pages are there. Every single word you typed is still present. So I repeat: What are you now missing?

      What matters is whether you GOT something, not whether you DEPRIVED ME of something.

      Interesting idea. I have stolen from you without depriving you of anything. If you are missing nothing, how does it even matter that I now have something?

      Have you been to a public library recently? You can get all the books you want for free. Copyrighted ones, too. You just can't keep them.

      Personally, I like the definition of free that lets me keep something. I don't own the library's books. I will own that CD.

    4. Re:Own an idea? by mpe · · Score: 1

      From your comment, it appears that you are a writer. Are you saying that all the ideas you use in your works are original-never-before-thought-of? If so, then Congratulations! Good for you! Pretty much all of the books I read contain ideas that the authors have drawn from elsewhere, either from other novels or other's experiences etc.

      Assuming you had a time machine and some sort of "universal translator" you could probably bring someone from the Neolithic into the present time and have he or she recognise quite a few of the plots in modern fiction and drama.

    5. Re:Own an idea? by Nakoruru · · Score: 1

      Something can only be property if, by taking it, I have deprived you of something. And that is only if we agree that copying is somehow taking (which is isn't, look it up).

      Think about it. How can something be owned, if I cannot deprive you of it? Also, how can something possibly be taken unless I deprive you of it. Isn't that one definition of taking?

      You sir, are a troll.

    6. Re:Own an idea? by puppet10 · · Score: 1

      Copyrights protect works, not abstract ideas.

      Copyrights do neither. Copyrights are mearly the exclusive control over the reproduction of a creative work.

      They don't protect the work and they aren't inherent authors rights (in the US, other countries do grant the author more rights than US copyright does).

      They simply allow the creator or the current copyright holder to sue to stop reproductions of the work by a non holder of the copyright, and possibly damages resulting from that reproduction (depending somewhat on whether the copyright is registered with the copyright office). Recently there is a possibility that criminal action can be taken by the gov't if the number of copies exceeds 10 and the value is over $2500 (IIRC the amount and number). Also encryption of the work now adds another layer of protection for the creator through the DMCA.

      However none of this grants the creative work as a property to the creator, only an exclusive right to reproduce the work for a limited time and some mechanisms to enforce that right.

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      -------- This space intentionally left blank --------
    7. Re:Own an idea? by Anonymous Coward · · Score: 0

      Circular reasoning. Copyright is limited because works are not property. Works are not property because rights over them exist for a limited time.

      Works DO NOT belong to the public. Works belong to their creators.

      Only someone who has NEVER EVER CREATED ANYTHING could say that works "belong to the public." That's just patently absurd on its face.

    8. Re:Own an idea? by TC+(WC) · · Score: 1

      Only someone who has NEVER EVER CREATED ANYTHING could say that works "belong to the public." That's just patently absurd on its face.

      That's some nice speaking for absolutely everyone you're doing there... I'm rather sure there isn't a single person anywhere who hasn't, at some point, created something that would be under American copyright law, were they in America.

      It's actually somewhat absurd that you're posting this on a site that is one of the prime gathering places for people who go and create software and then try to distribute it in such a way that it will always belong to the community. It isn't the same as public domain, but the goal is definately to allow the software to belong to the public. Hell, if you want to look at something closer to public domain, look at the BSD license.

    9. Re:Own an idea? by Anonymous Coward · · Score: 0

      Something can only be property if, by taking it, I have deprived you of something.

      You're confusing philosophy with economics. If you're going to understand this, you're going to have to step out of the framework of scarcity and think in more general terms. Otherwise you're just going to continue to be confused.

      Look at it this way. Say you sneak into a movie theater without buying a ticket. Is that wrong? After all, you didn't deprive anyone of anything, right? So therefore it must be okay, right?

      Wrong. You took something-- the experience of the performance-- without paying for it. You stole, in the most general and yet most literal sense of the word.

      See? The lens of scarcity can't resolve such questions. You need to stop thinking in those terms.

      Also, how can something possibly be taken unless I deprive you of it. Isn't that one definition of taking?

      Nope. Taking simply means to come into possession of. It means to acquire. There's nothing in "taking" that depends on deprivation or, as I pointed out, scarcity.

      You sir, are a troll.

      If you want to be dismissive, I can't stop you. God forbid somebody should say something that actually challenges your foregone conclusions and gives you something new to think about. If I'm a troll, then you're a closed-minded halfwit who wouldn't know a new idea if it climbed up your leg and bit you on the ass.

  70. Electronic version of public domain books? by guerby · · Score: 1

    First of all, a great many thanks to O'Reilly for this bold move. I'll express my support shortly by buying a few O'Reilly books :).

    Will O'Reilly try to make available an electronic version of the books contributed to the public domain wherever possible?

  71. copyrights != patents by Celandro · · Score: 1
    Ive seen this type of arguement multiple times and everyone seems to forget that patents and copyrights are not the same thing! They are both defined by the same clause of the constitution (quoted below and in parent), I will give you that, but the terms of the 2 are separate and have been for a very long time. The correct reasoning is that all artistic works are derivitive of previous works and as such, enriching the public domain enriches the artistic base that society can use for new artisitic works. (Insert Ironic Ancedote of Disney Adaptations of Classic Works Here>)

    Constitutional definition:
    "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; "

    1. Patents:
    2. Covers new inventions as well as "non-obvious" improvements on current invention designs. Relevant terms in the constitution are useful Arts, Inventors, and Discoveries.
    3. Patents can be challenged in court if there exists prior art. Fair use is very minimal
    4. Patents are typically licenced out to all comers at a reasonable rate.
    5. Patents exist for 20 years after the patent is filed, after which it is entered into the public domain.
    6. Patents are tracked by the US Patent Office.
    7. What can be patented has been expanded in the last 30 years to include computer programs and business practices
    1. Copyright:
    2. Copyright covers all artistic works. Relevant terms in the constitution are Science, Authors, and Writings.
    3. Copyright can not be challenged in any court. Some fair use is allowed such as parody and political comentary
    4. Copyrights are typically owned by a corporation who typically will make an exclusive license to use the work in a specific context (example would be only 1 toy maker would be allowed to make Matrix 2 blow up dolls)
    5. Copyright exists for the life of the author plus 70 years. Life of a corporation is set at 20 years.
    6. Copyright was made automatic in the 1970s and no formal documentation is required to copyright a work. Finding who owns the rights to a work can be nearly impossible
    7. Copyright has been extended extremely agressively and retroactively in the 20th century through various "Mickey Mouse Acts" that are designed by corporate lobbyists to keep acts such as Mickey Mouse out of the public domain.
  72. The right to make a profit? by Anonymous Coward · · Score: 0

    I honestly don't understand where this could come from. Nobody has the right to make a profit.

  73. Who cares about copyright? by humming · · Score: 1

    When O'Reilly got the Safari Bookshelf?

    As mentioned elsewhere, most computer books gets old really fast, but with Safari I can check out a book and read it online before it even leaves the presses, and I must have a deadtree version, I can buy it directly from them.

    This slashvertisment was brought to you by; //H

    --
    I'm too stupid to preview.
  74. This is a GREAT idea! by UrGeek · · Score: 1

    "The journey of 10,000 miles must begin with a single step" And you may laugh about "Steamboat Wille" and such but consider if the original copyright law was in effect, everything up to 1975 would part of the public domain. IMHO, there is a lot of good movies and most of the best music and books known to humankind that was created before 1975.

    FREEDOM!
    NOW!

  75. Anyone see the discussion at the LIS board? by Malfourmed · · Score: 1
    Those Librarians and Information Scientists sure know how to spot a /. geek:

    Here's a valuable but soon-to-be-free tip
    by Anonymous on Friday, May 02 @01:57PM

    As of August 12, 2009, the following work shall be hereby entered in the Public Domain.

    Under Microsoft DOS, type a ^Z (control-Z) to signify EOF (end of file).

    Gosh, darn, now I've spilled the beans.

    Followed by:

    Is this a /. comment???

    Anwered by:

    Probably

    who the hell else would come through and type something like that to this little sight [sic]:0? I can't imagine LIS ppls would do this :P

  76. Dumbest rant I ever heard by PCM2 · · Score: 1
    It was a fundamental assumption of the Founding Fathers that no man could own an idea or an invention, that all creative work was derivate of work that came before it ... Copyrights are not about protecting property but about protecting the motivation of people to create, by giving them a decent time to profit from creativity. There is no 'property' in these endeavors, nor has there ever been any property.
    Jesus ... in the words of somebody's crazy uncle, what are you, a friggin' Commie?!

    If you want to make this argument, you may as well say that nobody owns anything ... if I have a desk that my computer sits on, I don't really own that desk, because nobody really created the desk, because the desk came from wood, which was independently grown by a plant, not by some desk-maker, and hell, after all, the wood is just made out of a bunch of molecules and nobody made those, not even the plant, so basically everything is just derived from something that already existed, so how can there be any property?

    To put it as politely as possible, you, sir, are an ass.

    --
    Breakfast served all day!
    1. Re:Dumbest rant I ever heard by debest · · Score: 1

      To put it as politely as possible, you, sir, are an ass.

      Hardly. He/she had it exactly correct. It is you who is wrong.

      As others in this thread have pointed out, there is a fundamental difference between an idea (a creative work, or an invention) and a piece of physical property. This is how your example is flawed: you are trying to put the rules of copyright onto a real-life object (quite poorly, as well).

      Just so you get it this time...

      1) The idea of ownership of property is as old as humanity. If I am in possesion of land, a house, a tool, etc., I want to retain it because if someone takes it, I will no longer have that property.

      2) Before the advent of copyrights and patents (both relatively new concepts), there was nothing to protect the creative work of an artist or inventor. If something useful came out of the imagination of one brilliant mind, any other person could do or copy the same thing. It's not like taking the person's property at all: the person is not deprived of anything tangible at all.

      3) It can be argued that since one person's brilliance can be easily reproduced by another without brilliance, that as a result there is no incentive to be creative and share your work unless there is some means in place to get reimbursed/recognition of your work.

      4) The U.S. Constitution (for one) defined copyright and patents as being vehicles by which, in the interest of cultivating the commons with knowledge, rewarded creators with limited-term artificial monopolies on their ideas, creative works, and inventions. Copyrights and patents were not created so that their creators could control these ideas forever: quite the opposite. Without these tools, it was feared that innovation would slow due to the fact new ideas would be kept secret to a select few. But with these tools, new ideas would be made public for all to see, and benefit from freely, following a period of control of the idea granted to the creator.

      There is no reference in the Constitution, or its amendments, to granting property rights to non-tangible things. This is by design, not by accident. Reading the journals of the founding fathers will make this clear.

      You are, no doubt, a fond user of the term "intellectual property". This term was created precisely for the mindset you hold, that an idea should be permitted to be owned and controlled more like a physical thing, and push for changes to laws to make it such. Sadly, many people (who are actually only hurt by such thinking: they don't understand the consequences of not having a rich commons of creative work) agree with you that this is a logical way of thinking about this.

      --
      Look at the tomato! Isn't it sad? He can't dance! Poor tomato!
  77. O'Reilly is the company that has the least to lose by Anonymous Coward · · Score: 0

    O'Reilly is the company that has the least to lose from short copyrights. How useful would a copy of Linux in a Nutshell be in 28 years? About as useful as any late 70s manual is now.

  78. For rebuttals refer here by PCM2 · · Score: 1

    Comments refuting these statements from the other time they were posted can be found here.

    --
    Breakfast served all day!
  79. Publishers by redhog · · Score: 1

    I have a question related to this:

    I'm a (hobby-) poet and short-story writer, who at the moment publish my work (most, but not all, of it in my mother toung, Swedish) on my homepage.

    I'd like to know if there are any publishers of novels and short-story- and poety-collections, that is, non-technical books, who accept other copyright/licensing-arrangements, than bying the copyright from the author, e.g. materials licensed from him/her under the OpenContent License orr the GNU FDL? Especially if someone knows about such a publisher in Sweden...

    --
    --The knowledge that you are an idiot, is what distinguishes you from one.
  80. Oh yeah, by nametaken · · Score: 1

    28 years from now?

    Let's see... I'll be 51 years old... in desperate need of "Fortran in a Nutshell", and notice the slashdot article about it coming off copyright.

  81. An example to all publisher. by painlord2k · · Score: 1

    F-I-R-S-T P-O-S-T I never do it again!!!!