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Copyright Extension In Australia

femto writes "The Motion Picture Association and APRA have commissioned a report from Allen Consulting into the effects of extending Australian copyright from life+50 years to life+70years. This forms the MPA and APRA's contribution to US-Australian free trade negotiations, currently underway. The report recommends that copyright terms should be extended. An extension of copyright would not be in Australia's interest. Some would argue that it is not in anyone's interest. Projects such as Project Gutenberg of Australia would be adversely affected by such an extension. Perhaps now is to time to write to your Member of Parliament, asking them to oppose any extension of copyright or patents, and shore up whatever resistance there is to an extension of IP in Australia?"

258 comments

  1. Report link by Empiric · · Score: 3, Funny

    Slashdotting a pdf on Allen Consulting's meager web server. Good move. Oh... good move!

    (For those soon to be unable to reach it, it's basically the template rent-a-stance enumeration of weak arguments against extension, followed by a refutation, followed by an enumeration of arguments for, and supporting arguments for each. Selective focus with input from Allen associate Mr. Straw Man.)

    --
    ~ Whence do you come, slayer of men, or where are you going, conqueror of space?
    1. Re:Report link by herrvinny · · Score: 2, Informative

      Nonsense, here's a mirror: http://www.herrvinny.com/slash.pdf

      Go ahead, I have 6 GB transfer, and it should hold up, or Hostway has explaining to do...

      By the way, I hate to be offtopic and all, but if people could visit herrvinny.com, I'm working on an open source voting program. I already have it with the capability to do write in, check multiple choices, instead of just one, etc. Anyone from UW Madison reading this, I'd like to talk to you about field testing this thing. Server edition should be available next week!

    2. Re:Report link by Anonymous Coward · · Score: 0

      Well, yeah, of course that's what it is. It is from a consulting firm. The job of a consulting firm is to provide justification for the point of view of the client. Very rarely does anyone ever want actual consultation. They only come to you when they know what the answer they want is, and it's your job to figure out how to connect the dots to make them seem right.

      Not that I'm bitter or anything, nor do I work for a consulting firm or something like that...

    3. Re:Report link by Gherald · · Score: 1

      UW-Madison guy here. Just curious, what do you use for security? Also why is having one register a good thing? Where's the redundancy, etc in that?

      Oh and post your e-mail somewhere on your site or something...

    4. Re:Report link by Anonymous Coward · · Score: 0
    5. Re:Report link by herrvinny · · Score: 1

      1. Security

      This version doesn't have it yet, but I'm working on a One Time Pad (OTP) encryption. Encryption is really only needed at the server side because the clients don't keep the voting data.

      2. One register

      It's not a question of redundancy, it's a question of getting accurate results. With the Diebold machine, three separate registers are used, and each can be changed to show different things, so if you spot check a county and double check the votes, you'll get the right answer out of one register, but for the whole state results, that comes out of register 2. So register 2 could be changed without anyone being the wiser. And nobody knows what register 3 does. My program keeps only one register, and compiles the reults just from that. And even if you want redundancy, the program is designed to write logs about everything, including when the voting judge saw a pretty lady and accidently hit the wrong button. And it keeps full backups of all ballots on the hard drive, and prints it out too.

      My email is below.

      slashdotter@onlinewhiz.com

  2. Inspired by US efforts to increase copyrights by 56ker · · Score: 0, Redundant

    They then tried abroad.............

    1. Re:Inspired by US efforts to increase copyrights by Anonymous Coward · · Score: 0

      It started in Europe. Copyright extensions in the United States began so that we could get aligned with those of Europe for the Berne Convention.

    2. Re:Inspired by US efforts to increase copyrights by macdaddy357 · · Score: 1

      Nomatter how it happened, copyright extention is a bad thing. If I can't say something that's been said before without getting permission and paying a royalty, I don't have free speech. Copyright is censorship!

      --
      How ya like dat?
  3. IP Part of Free Trade Agreement by donnz · · Score: 1

    the other thing you lucky "sheriffs of Asia" get is alignment with US patent laws...

    --
    -- Free software on every PC on every desk
    1. Re:IP Part of Free Trade Agreement by Sad+Loser · · Score: 1


      If deputy Sheriff Howard wants to align copyright with anything, wouldn't it be more logical to align it with patents e.g. 20 years?
      Bearing in mind the time value of money, this would not significantly affect the Net Present Value i.e. the business case of any project.
      It would have the opposite effect of driving innovation in arts in the same way that occurs in engineering/ medicine.

      --
      Humorous signatures are over-rated.
  4. Simple solution by Kris_J · · Score: 4, Insightful

    Don't make it retroactive. If it's really about encouraging new products, only make it apply to new products. Any extension to copyright lifespan shouldn't apply to anything created before the law is enacted.

    1. Re:Simple solution by CosmeticLobotamy · · Score: 5, Funny

      Seventy years? Sweeeeet. I was thinking about writing a really, really, really, really, really great novel, but if it was only going to be profitable for fifty years after I die, I wasn't going to bother. But now! I guess I'll have to learn to spell, 'cause I got some novellin' to do.

    2. Re:Simple solution by Pieroxy · · Score: 1

      Giving that all the corporations push this in to protect their existing materials, I doubt this is going to happen. Plus, think abut our grand-grand kids which will be stuck with ID4 and T3 as the best movies of public domain!

    3. Re:Simple solution by Kris_J · · Score: 1
      Giving that all the corporations push this in to protect their existing materials, I doubt this is going to happen.
      Well, quite. But I'd love to see how they, or better yet -- the government, justify retrospective copyright extension given that the original reason for the artificial structure or copyright is to encourage new products not to encourage people to create one thing then sit on their arses for the rest of their lives.
    4. Re:Simple solution by Kris_J · · Score: 4, Interesting
      Here's what I wrote to my MP:

      Dear Mr Wilkie,

      A report has recently been commissioned to discuss the issue of increasing the life of copyright from 50 years after the creator's death to 70 years after the creator's death.

      http://www.allenconsult.com.au/resources/M PA_Draft_final.pdf

      Leaving my personal views on the actions of major corporate bodies with significant Intellectual Property assets aside for the moment, I would like to make two points.

      The first is that copyright is supposed to encourage creation of new material. That's what the artificial structure called copyright is all about. The basic question behind the existence of copyright is "Why would people create something if everyone can just copy it?" Ignoring that people do readily create works for which copyright is applicable, yet still give freely to the public domain, I would just like to say that if any extension is made to the life of copyright I can find no way to justify retrospectively increasing the life of copyright on works that have already been created.

      My second point is that the reason for encouraging creation of works is to enrich the public domain, not line the pockets of big business. Government should always be on the side of the public domain and should be constantly striving for ways to bring more material into it, not less. As such, it is my belief that copyright should only exist on a work so long as the copyright owner actively maintains it. The most simple method of encouraging this it to require a token payment be made every, say, ten years to keep the copyright work registered in a central database. The payment need only pay for the upkeep involved in maintaining such a database. The result is that if any copyright work becomes abandoned, it enters the public domain before it becomes worthless.

      Please consider these opinions should any relevant vote come before parliament.

      Thank you for your time,

      Chris Johnson

    5. Re:Simple solution by driptray · · Score: 2, Interesting

      The report "addresses" this criticism. From the report:

      The most criticised element of copyright extension is that existing copyright owners will benefit from an additional 20 years copyright protection for works that already exist. The argument goes that term extension is designed to encourage the creation of new works, and that providing the extension to existing works is incompatible with copyright's incentive rational. The consequence will be a transfer from consumers t o copyright owners. While this is often considered to be a very significant cost, such considerations tend to forget that the commercial value of most copyright works decreases significantly with time. As a result, we estimate the transfer to existing rights holders to be in the vicinity of $8 million in the 5 th year after extension, $16 million in the 10 th year after extension, $28 million in the 15 th year after extension, and $43 million in the 20 th year after extension. Of course, these values will be significantly lower if brought into Net Present Value (NPV) terms.

      IOW, it's only a relatively small theft from the public domain, so don't worry about it.

    6. Re:Simple solution by Pieroxy · · Score: 1

      They will not justify it. Do you think they need to justify everything they do? They'll either:

      1. not respond
      2. Make up anything stupid.

      As usual. Don't hope too much from these guys.

    7. Re:Simple solution by Kris_J · · Score: 1
      2. Make up anything stupid.
      This is the bit I'd like to see. I like a good laugh.
    8. Re:Simple solution by cthugha · · Score: 1

      IOW, it's only a relatively small theft from the public domain, so don't worry about it.

      It's a very sneaky way of trying to make the loss look OK by giving it the value the transferee attaches to it rather than the value the transferor attaches. While the owners may be making a very small gain, the public is losing a considerable right to use old works. Considering the public is the one being asked to give up this advantage, isn't the more relevant point of view that of the public?

      Putting it another way, since the interest holders are going to make such a very small gain, isn't it excessive and unreasonable for the public to make such a large sacrifice?

    9. Re:Simple solution by mpe · · Score: 1

      But I'd love to see how they, or better yet -- the government, justify retrospective copyright extension given that the original reason for the artificial structure or copyright is to encourage new products not to encourage people to create one thing then sit on their arses for the rest of their lives.

      Retrospective extension cannot possibly encourage the creation of something which already exists in the first place. If something already exists then what ever incentives in terms of copyright term which existed when it was created must have been more than adequate.
      How much evidence is there that very long copyright terms encourages creation of new works in the here and now? N.B. since just about every creative work is in some way derived from existing works it could just as easily be claimed that a lack of recent material going into the public domain is a barrier to publication of new works.
      Another datum point is that the most sucessful author in publishing history does not appear to have been inspired by the idea of life plus 70 years of copyright.

    10. Re:Simple solution by Bendebecker · · Score: 1

      Here's what we need to do: hire the poverbial monkeys at a keyboard. We set up a program to combine words into random sentences for x number of pages. Then we publish the work. Rinse and repeat. We also get wirters to come up with as many ideas as possible and write cheap books about them. How many does the book have to reach before its got perfect copyright? Put it on the net and no one can claim that tehy didn't come in cntact with it and hence no infringer can claim prior lack of knowledge. We keep pumping out books like this for lets say 10 years. This combined with the current publishers exponential increase in output should insure that by 2030 no one can write a book without violating someoens copyright. Either literature and authorship as we know it will die or they will be forced to change the laws. That of course assumes they can word the law in a way that it won't violates someones copyright - as in the text of the law copying off of someones work.

      --
      There's a growing sense that even if The Future comes,
      most of us won't be able to afford it.
      -- Lemmy
    11. Re:Simple solution by puppet10 · · Score: 1

      Additionally if its worth so little to the copyright holders compared to their annual revenues why are they so interested in extending the copyright on these holdings for such a small gain?

      --
      -------- This space intentionally left blank --------
    12. Re:Simple solution by Anonymous Coward · · Score: 0

      Comments, like yours, are the reason I don't drink coffee. I'd have sprayed it all over the keyboard.

  5. commercialisation over the greater good by Coram · · Score: 5, Insightful

    Ironic. Companies like Disney, which make their money by deriviting copyrighted material from out of copyright works, want to retain their own copyright for even longer.

    I will certainly be writing to my MP. Unfortunately as it is John Howard this won't make much difference.

    Sadly this is another example of policitians putting corporate needs before the greater good. Until corporations can have their leverage over politicians dissolved, this will always be the case.

    --
    I say I ain't giving you no tree fiddy you goddamned Loch Ness monster, get yo own goddamned money!
    1. Re:commercialisation over the greater good by shione · · Score: 2, Interesting

      Not only that but the heirs of the creator of Pooh Bear are sueing Disney for shortchanging them in royalties.

      Which franchise does Diney gets its most $$$ from? Not Mickey mouse or Donald Duck or any other Disney creation... it's Pooh.

    2. Re:commercialisation over the greater good by Anonymous Coward · · Score: 0

      What? Bad cookies! Loch Ness Monsta!! TREE-FIDDY!!! She Said They Were FREEE!!!
    3. Re:commercialisation over the greater good by thogard · · Score: 4, Insightful

      If your MP wants the extention, ask for a real extention.
      Life+200 years would mean the Grimm brothers familys could collect everything Disney ever made.

      If adding 20 years is good, then adding 150 should be even better right?

    4. Re:commercialisation over the greater good by Qaztal · · Score: 1

      Remember to go back far enough to nclude Shakespeare, Homer etc.

    5. Re:commercialisation over the greater good by screenrc · · Score: 0, Troll
      How many years into the future is not the
      real issue. Who knows what will happen between
      now and year 2150; it could be repealed at any time
      before we this year is reached. It bet it easily
      could, and besides we are probably talking seveal
      World Wars between now and then. Lots of things
      can happen, not to mention that we will no longer
      be alive for our genaration to worry.


      The big issue whether the IP silliness becomes retroactiove.
      This is the main issue.


      As a compromise, I suggest that Disney and Motion
      Pictures get all the IP the want (there product
      is crap anyway, who really desires them?) and
      just abolish all copyrights on books and everywhere else.

    6. Re:commercialisation over the greater good by wew · · Score: 1
      > Sadly this is another example of politicians putting corporate needs before the greater good.

      This is a proposal from a special-interest lobbying group, not a policy position from the government. Don't be so defeatist. The Australian Government has stood up to the US before on IP issues, such as parallel importing of copyrighted material. There's no reason to assume that they won't do so again.

      That said, Australian citizens who realise that this copyright extension is not in the public interest should definitely write to their member of parliament, and probably the responsible minister, too.

    7. Re:commercialisation over the greater good by phiwum · · Score: 1

      Ironic. Companies like Disney, which make their money by deriviting copyrighted material from out of copyright works, want to retain their own copyright for even longer.

      ironic

      [...]

      2: characterized by often poignant difference or incongruity
      between what is expected and what actually is

      I'm afraid that Disney's behavior is not ironic. It is horrible, hypocritical, selfish and, sadly, all too easily expected. I'd be much more surprised if Disney proclaimed that, since they have benefited from the public domain so much in the past, they support their own work reverting to public domain after a reasonable time."reasonabl"reasonabe" has the unusual meaning of

      --
      Phiwum's law: anyone that names an obvious law after himself and then puts it in his own sig is just pathetic.
  6. MOD PARENT INSIGHTFUL by rokzy · · Score: 4, Insightful

    yes good point.

    however I cynically suspect that this kind of sensible point of view has absolutely no place in politics these days, especially over anything relating to intellectual property or innovation.

    laws are made by companies with money. companies with money have already succeeded. the last thing companies that have succeeded want is innovation.

    1. Re:MOD PARENT INSIGHTFUL by webtre · · Score: 1
      --
      litigious bastards
      suck it sco!
    2. Re:MOD PARENT INSIGHTFUL by drDugan · · Score: 2, Interesting

      i think the real discussion here should not be about life+70 or life+50

      it should about how absurd life+anything really is.

      can't people see that the existence of widespread law breaking from copyright violation is a CLEAR signal that people do not see that the copyright contact is fair? it is so obviously not fair now that people blatantly and purposefully flaunt the laws.

      as I put into another post, below. 15 years should be plenty.

    3. Re:MOD PARENT INSIGHTFUL by Anonymous Coward · · Score: 0

      Really. It would seem that if people really for innovation, and using limited monopolies to further that, they would be granted for

      short t = (avg(rHuman.life_expectancy))/2;

    4. Re:MOD PARENT INSIGHTFUL by Anonymous Coward · · Score: 0

      I reckon 3600 seconds ought to be enough for everybody.

    5. Re:MOD PARENT INSIGHTFUL by mpe · · Score: 1

      can't people see that the existence of widespread law breaking from copyright violation is a CLEAR signal that people do not see that the copyright contact is fair? it is so obviously not fair now that people blatantly and purposefully flaunt the laws.
      as I put into another post, below. 15 years should be plenty.


      Or maybe more radical changes to copyright are needed. Similar to the way in which the "Statute of Anne" fundermentally rewrote the concept.

    6. Re:MOD PARENT INSIGHTFUL by wew · · Score: 1

      Don't be too cynical. The proposal to extend copyright from Life+50 to Life+70 was rejected by the Australian Parliament's Intellectual Property and Competition Review Committee in 2000 as "unconvincing". The report under discussion here is transparently a case of special-interest lobbying, largely by a US organization (the MPAA), and adds very little to the case (read it: it concedes that "the net financial impact of term extension in Australia is likely to be neutral" [p X]). This should be easy to swat down, if enough Australians write their representatives against it.

  7. As an Australian, all I can say is... by harikiri · · Score: 1, Interesting

    Eek!

    There is no public benefit to having copyright restrictions for such a long period of time. ..or if there is, would someone let me know what they are.

    --
    Man watching 6 MSCE's around a sun box, looks alot like the opening scene's of 2001:space odyssey...
    1. Re:As an Australian, all I can say is... by catsidhe · · Score: 1

      Let me see your 'Eek!', and raise you a FUCK!

      I had hoped for better since Mr Luddite^WAlston got promoted sideways.

      I guess I didn't expect better, but I had hoped.

      --
      "This is a Hollywood movie: when it comes to the Laws of Physics, they're lucky if they get Gravity!" --- my wife
    2. Re:As an Australian, all I can say is... by Anonymous Coward · · Score: 0

      There is no public benefit to having copyright restrictions for such a long period of time.

      It's a pointless waste of time for you to say that to people on /.

      If you believe it, say it (better, write it) to your representative or M.P. or whatever it's called in Australia.

  8. Why 20 more years? by bcolflesh · · Score: 2, Funny

    Just to eke out a few more dollars from that Yahoo Serious movie?

    1. Re:Why 20 more years? by Anonymous Coward · · Score: 0

      Seriously though, I think it has more to do with changing Australian law to observe the US copyright extensions on US material.

      Why else would the US care about what Australia does with our own copyrighted material?

  9. |"Intellectual property" in Australia? by heironymouscoward · · Score: 0, Troll

    This is surely not a major issue... IIRC the only instances of known IP in Australia is "Waltzing Matilda" and "Crocodile Dundee", and the latter was really done in the US.

    Oh, right, TV soaps...! and beer...? :-) Sorry, mate!

    --
    Ceci n'est pas une signature
    1. Re:|"Intellectual property" in Australia? by Anonymous Coward · · Score: 0

      Powderfinger
      Savage Garden
      Nirvana
      Seekers
      Bee Gees
      Kylie Minogue (....)
      Kylie's sister (heh, she hates being called that)

    2. Re:|"Intellectual property" in Australia? by Anonymous Coward · · Score: 0

      fuck you're a wanker "mate".

    3. Re:|"Intellectual property" in Australia? by gr0ngb0t · · Score: 1, Flamebait

      Since when was Seattle considered a part of Australia??

      I've lived here all my life, and unless you're trying to crack a joke about Silverchair (or the Vines, or the ..., or the ...) sounding 98% identical to Nirvana/the whole seattle sound circa 1992, you've fucked up Mr AC.

    4. Re:|"Intellectual property" in Australia? by Anonymous Coward · · Score: 0

      Nirvana - Nope
      Bee Gees - Sort of

      Also of note:
      INXS
      Olivia Newton-John
      John Paul Young
      Rolf Harris
      Midnight Oil
      Natalie Imbruglia
      Crowded House (close enough)
      Air Supply (ok, let's not admit to that one)
      Rick Springfield
      The Divinyls (let's face it, only an Australian band would write a song about wanking)

    5. Re:|"Intellectual property" in Australia? by Anonymous Coward · · Score: 0

      Men At Work.
      Don't forget the YMCA!

      and AC/DC and SilverChair.

    6. Re:|"Intellectual property" in Australia? by Anonymous Coward · · Score: 0

      AC/DC?

    7. Re:|"Intellectual property" in Australia? by Anonymous Coward · · Score: 0

      s/heironymouscoward/Dickhead/g

    8. Re:|"Intellectual property" in Australia? by gr0ngb0t · · Score: 0, Offtopic

      how the FUCK is that flamebait? its a point of geographical questioning - Mod - you *do* know that Nirvana were a band fronted by the late Kurt Cobain, and widely hailed by many (mainly those who didnt know there were bands in Seattle doing what Seattle bands had been doing for a fair few years) as the creators of "Grunge"?? Seattle is a fair way across a reasonable size lake called the Pacific Ocean from being in Australia.

      I'll happily take an Offtopic, or even a Redundant (although i dont know how you'd mod it that way) but Flamebait??!??!?!?

      crazy... fucking crazy...

    9. Re:|"Intellectual property" in Australia? by Anonymous Coward · · Score: 0

      We are adopting them.

    10. Re:|"Intellectual property" in Australia? by Chuq · · Score: 1

      How come people from outside Australia have only heard of the SHIT Aussie music? (assuming the AC who posted this isn't from Aus; otherwise you just have shit taste or listen to commercial radio too much)

      If you want to expand your Oz music horizons - look up any of the following:

      Screamfeeder; Beautiful Girls; The Living End; You Am I; Resin Dogs; Something For Kate; Magic Dirt; Gerling; Nick Cave; Butterfly Effect; Grinspoon; Powderfinger; Biftek; The Fergussons; Andromeda; The Superjesus; Frenzal Rhomb; The Hurd; Alex Lloyd; Gus & Frank; The Waifs; Bodyjar; 1200 Techniques; Sekiden; Machine Gun Fellatio; Jet; 28 Days; Eskimo Joe; The Vines; Pacifier.

      You probably won't like them all, but there is a bit of a range there.

      And if you are after Australian bands that sing about wanking, The Fauves' 'Self Abuser' is another one.

      --
      - Chuq
    11. Re:|"Intellectual property" in Australia? by Anonymous Coward · · Score: 0
      ...theres way too many 'tards round these parts.

      You are a shining example of this.

  10. Don't bother. by CosmeticLobotamy · · Score: 0, Troll

    Nobody cares what we geeks think.

    But I'm begging someone to please prove me wrong.

    1. Re:Don't bother. by Anonymous Coward · · Score: 0

      I'll prove you wrong. One time they were going to install new computers at my school running M$ Windoze software. My friend and I staged a protest because M$ is evil. We chained ourselves to the computer lab door and wouldn't let them in. In the end we were arrested and got ass raped during out night in prison. In conclusion: some people care what geeks think.

    2. Re:Don't bother. by phulshof · · Score: 1

      Actually, I consider myself to be a geek, but I do have Dutch politicians getting in touch with me to hear my opinion on copyright...

  11. If 50 years isn't enough time to make a profit... by KiwiEngineer · · Score: 4, Insightful

    Will an extra 20 years really make that much difference that movies will either be produced or not produced? If you can't enough make money in the first few years (and ideally the first year)of realease, why bother at all?

    How much (other than as much as their pockets can fit) money do they really have to make to justify their projects?

    --
    Nobody expects the Spanish Inquisition!!
  12. This is a pointless effort. by Anonymous Coward · · Score: 2, Informative

    The freight train of hysteria's due to run this topic down, but I'm gonna try anyways: The US extended its copyright laws to match those of the EU. No, we were not _compelled_ to match their IP laws, but if you want to lay the burden at someone's door, it belongs to a door in Belgium, not Washington, DC.

    1. Re:This is a pointless effort. by rokzy · · Score: 1

      I think most people are more of the opinion that this is just plain stupid regardless of country of origin anyway

    2. Re:This is a pointless effort. by rollingcalf · · Score: 1

      So why does the US have to match the EU instead of the other way around? If somebody is going to change to match another, why does it have to be that the change is made to match the one with the longer copyright term? If a country has a 1000 year term, does that mean the US has to have 1000 years too? The burden is at America's door, no one else. There really is no compelling reason to go for anything longer than what is provided under the Berne convention. Unless of course, you consider campaign contributions from copyright-holding corporations to be compelling reasons.

      --
      ---------
      There is inferior bacteria on the interior of your posterior.
  13. Re:If 50 years isn't enough time to make a profit. by rokzy · · Score: 2, Insightful

    yes apparently most movies make their money back in the opening weekend or thereabaouts. which is why we had the story a while ago aboutt wanting to ban mobiles because they allow bad opinions to be spread too freely and interupt the PR machine.

    but so long as you have absolute control over something, even if you're not clever enough to do something profitable with it yourself, at least you can stop anyone else trying.

    if you can't raise yourself up, then keeping everyone else down is just as good.

  14. in my world... by drDugan · · Score: 1

    copyrights would actually create a Balanced contract between composition, profits vs. public good.

    life of the author plus 50 is already absurd.

    how about, say 15 years? That sounds good to me.

    10?

    1. Re:in my world... by littlerubberfeet · · Score: 1

      How about life plus 20, so that an artist's/author's creative works can support children through college?

      Beyond that, it is indeed unbalenced. What is it now? all books published since 1923 are still protected? Well, I guess Anatole France was a popular author after all....

      --
      Sig (appended to the end of comments you post, 120 chars)
    2. Re:in my world... by cpt+kangarooski · · Score: 2, Interesting

      No.

      While I certainly support people's efforts to obtain educations for their children, most artists would not benefit from this. Artists generally don't make a significant amount of money from royalties (which copyrights impact, as opposed to artistic labor such as concerts, or the sale of actual pieces of art as tangible things). Art is just not a money making profession. A few people can become tremendously sucessful as artists -- but the odds of being one of them are on par with winning the lottery. And of course, the economic value of those few works that have ANY noteworthy value to begin with declines rapidly over time.

      So the only people that would get enough money from a life+20 term -- or even a term over perhaps 20 years -- are the people who are raking in a fortune, and thus don't NEED the extra money just to send their kids to college.

      Thus it is extremely unfair to have long terms as a system for providing for widows and orphans since it only helps a small group of them (those that are the widows and orphans of artists), AND it is a tremendous failure because most of those artists never made, and never will make, enough money to provide for their loved ones anyway. A life+20 or longer term does NOT translate out into making money. Probably it's economically worthless, and if it's not it's probably only worth less than you could make at a minimum wage job.

      The ultra-small minority of people (often not the artists) who hold copyrights to very successful works will of course benefit tremendously. This could be worth millions of dollars to them. But they're already making assloads of money -- do we need a half-assed flop of a social program to provide for them?

      If you want a widows and orphans fund, if you want to help kids go to college, then may I suggest that you just have the government directly fund such things? It's fairer, since you don't have to be a close relative of an artist to qualify, and it's simply more practical since more than a fraction of 1% of people will actually benefit from it!

      --
      -- 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:in my world... by silentbozo · · Score: 4, Interesting

      I think you should be guaranteed 20 yrs, and anything after that (up to life of creator, or 100 years for a corporation, whichever comes first) would be fine as long as:

      1. The owner pays for continual upkeep and maintenance on a pristine "master copy." This mean recopying it, restoring it, digitizing it, or transcribing to new media/formats as necessary to guarantee that a usable copy is available at the end of the copyright term. This also includes storage costs for the Library of Congress (or equivalent body in country where copyright is being extended.)

      2. For every year beyond the minimum, compulsory licensing must be made available if there are no publicly purchasable copies of the work. For example, if Vol 1, Issue 9 of Comic X is out of print, and the publisher wants to hold on to the copyright, they must make that material available for sale (ie, via a digital download, on-demand copy, graphic novel or other compendium) or else be subject to compulsory licensing of the work. This ensures that copies of the work are publicly available (even if they have to be extremely expensive.) None of that stop selling for X years to build up demand crap that Disney pulls.

      Why these conditions? To make sure that the material is available to the public, and if the owner doesn't want to pay for the master copy (to ensure that the work is accessible after the copyright expires) then the copyright expires right there and then, and if people think it has value, they will copy/distribute it and preserve it that way.

      For an example of where this is happening, some copy-protected programs/games from the 80's are no longer available from the original owners (no master copies exist.) The copyright has yet to expire, but even if it did, there are no master copies exist for people to copy and examine. However, there are collectors (ie, pirates) who might have broken the copy protection, archived those copies, and have kept copying them to new media (5 1/4 floppy -> 3.5 floppy -> hard drives -> CD-Roms -> DVD, etc.) This is moot without the hardware to run this stuff, so enter emulators to run the software.

      Thus, an item that had value was maintained by the copying of collectors even when the original owner lapsed in their duty to preserve that original. Ironically, this behavior, preservation of a public good (which it would have been, once the copyright lapsed), is illegal under the DMCA. What a way to erase cultural history and hundreds of man-hours of creative work in the name of profit and greed.

    4. Re:in my world... by mabhatter654 · · Score: 1

      Actually that could be a great case for Lessing's next argument! If a "copyright" holder can't produce a valid, reproducable copy of a given work like in your example, they we should get the courts to rule against them. They weren't interested enough to KEEP it available...and obviously YOU can't give them a copy, can you! What about rare books or phonographs too. Another example would be Star Wars. The original archive was in such bad shape that the digital remaster was necessary to clean it up enough to be reproducable! How much material could be found and attempted to be published that was "abandon" by it's "owners"?

    5. Re:in my world... by abertoll · · Score: 1

      But for all intensive purposes, doesn't it basically operate this way? I mean don't they have to prove damages... and if they are not producing the product, are there any damages?

      --
      "he drew his sword Ringil that glittered like ice... and he wounded Morgoth with seven wounds..."
    6. Re:in my world... by batura · · Score: 1

      I hate to say this (because I wish it weren't so), but a corporation has the right to not sell their product. Some, ie Disney, will use this as a mechanism to artifically boost deman for the Lion King IX. They create this sense of urgency so the consumer feels that they must buy it before it "goes away". Disney has this right, and they probably should, in any term of copyright.

    7. Re:in my world... by Anonymous Coward · · Score: 0

      Your ideas are intriguing and I wish to subscribe to your newsletter.

      Serriously. This is some good stuff, unfortunately, it's too sensible for .AU, and especially for the .US

    8. Re:in my world... by Anonymous Coward · · Score: 0

      Yes, they have that right under the current law but many of us think they shoudn't have in the future - the method of boosting sales you described is unethical.

    9. Re:in my world... by silentbozo · · Score: 1

      They can restrict distribution as much as they want during the first 20 years of the copyright. After this point, I'd argue that it should be subject to a less monopolistic copyright that ensures that there will always be new copies available.

      Seriously. If the intent of copyright is to spur the publication of new material, why are we making it so easy to make a living off of milking the same property for all time? Creative material is not a tangible, (assumably) permanent asset like land, and should not be treated as such.

      Corporations should not be allowed to become more powerful by just buying up creative material, and leveraging that control to purchase even more creative material. Someone has to actually produce NEW material from time to time, and enforcing limits on exclusive control after 20 years is a good way to spur spending on content creation, rather than content acquisition and repackaging.

    10. Re:in my world... by silentbozo · · Score: 1

      I neglected to add that Disney could get around the limitation by selling a $5000 limited collector's copy in the interim. The idea is that you don't want the copyright holder to starve the market, and outlast any existing copies that might be circulating, in order to have monopoly control of the property even after the copyright period has expired, or to ensure that all existing copies are destroyed.

      Some businesses that have rights to a property will often let the property deteriorate rather than let someone else make any money off of it. The 20 year offer it or be forced to license it allows people who have a copy of the property to make copies for other people without running afoul of the law IF there are no legal copies to be had.

      Of course, at $5000, there will probably be a lot of "illegal" copying going on, so Disney has the choice of allowing their market be saturated by unlicensed copies (no money to Disney), using the meager profits from the very slow-selling $5000 copies to enforce legal action against copying, or making cheap copies that they can sell in order to fill demand. Obviously, this rule is designed to "encourage" Disney to take the 3rd course of action :)

    11. Re:in my world... by mpe · · Score: 1

      How about life plus 20, so that an artist's/author's creative works can support children through college?

      How about they put the money they make into their kids' college fund? The same way anyone else would do. Ditto for their own pension fund.

    12. Re:in my world... by balloonhead · · Score: 1
      What if I write something, which is copywritten, and then I decide it's a pile of crap and I want to trash it? Then it's gone forever. Like this post, for instance, if I had written it down rather than put it on the internet. I should still have rights to destroy that work, as it's mine. No-one can force me to keep it available in any format they want. Which is essentially what you are suggesting.


      It works fine for some stuff, and on the face of it it's a good idea, but the cost of maintaining this sort of information when only a minority of copywritten work is actually of any interest to anyone would be tremendous. Who would decide what was and what wasn't fit to keep?

      --
      This idea was invented by Shampoo.
    13. Re:in my world... by Anonymous Coward · · Score: 0

      you sell your slashdot posts often do you?

    14. Re:in my world... by chihowa · · Score: 1
      I think that he was saying that if the copyright holder finds the work to be of value, he must maintain the information (after the first 20 years). If the copyright holder doesn't find the work to be of value, then the public (if they find it to be of value) maintains the information.

      Easy as that. No unnecessary demands on anybody. Everybody wins.

      --
      If you want a vision of the future, imagine a youtube comments section scrolling - forever.
    15. Re:in my world... by mabhatter654 · · Score: 1

      No, they don't have to prove damages...that's one of the issues that the ROM [and others] community has. Many of the "Owners" are not in posession of a working copy of many older video game ROMS to sell you a copy if you asked. Yet they still go to court and try to make up damages to stop on-line trading etc. Copyright has become all about "handling" the Rights and not actually procucing anything!

    16. Re:in my world... by abertoll · · Score: 1

      Personally I think the whole "there could have been damages" idea is totally messed up. Making copies (like many have said) isn't like stealing a car or any other "tangible" where you actually take the use away from another person. The only way "the other side" has been able to call this stealing is because you're essentially stealing their profits. So logically it follows that if they don't profit from the _thing_ anymore, then it's not stealing. What EXACTLY is anyone stealing at that point?

      --
      "he drew his sword Ringil that glittered like ice... and he wounded Morgoth with seven wounds..."
    17. Re:in my world... by balloonhead · · Score: 1
      I'll sell you all of them for a fiver.

      --
      This idea was invented by Shampoo.
  15. Member of Parliament? by geoffspear · · Score: 0, Troll

    I don't have an MP, you insensitive clod! I'm an American!

    --
    Don't blame me; I'm never given mod points.
  16. Fuck the FTA by Anonymous Coward · · Score: 2, Insightful

    the USA wants Australia to take away the Pharmacudical Benifits Scheme (PBS). PBS gives millions of Australians access to cheap medication. I am a diabetic, and if PBS is taken away, I will have to pay $500 or so a month for my meds.

    Fuck The Corporate Scumbags and there Free Trade.

    1. Re:Fuck the FTA by Anonymous Coward · · Score: 1

      "Fuck The Corporate Scumbags"

      I'll second that.

    2. Re:Fuck the FTA by Anonymous Coward · · Score: 0

      yea fuck them. My close friend has already had one of her medicines taken off PBS and she needs to fork out an extra $200 from that alone. Theres no subst brand for the medicine she needs either.

    3. Re:Fuck the FTA by Anonymous Coward · · Score: 0

      Tell that to the millions of aussies who rely on PBS to survive.

    4. Re:Fuck the FTA by Anonymous Coward · · Score: 0

      That's pathetic. I thought that Aussies were the last great rugged individualists on this planet.
      Now you tell me that they're sheeple dependent on government teats. Dammit.

    5. Re:Fuck the FTA by Anonymous Coward · · Score: 0

      goverment teat, corporate teat (insurance) - it's all the same bullshit, mate.

    6. Re:Fuck the FTA by Anonymous Coward · · Score: 0

      I guess you would rely on big Daddy government to protect your 'liberty and property' eh? hypocrite.

    7. Re:Fuck the FTA by PeteABastard · · Score: 1

      Except that the government is at least theoretically there for the good of the people.

    8. Re:Fuck the FTA by ross.w · · Score: 1

      I'm with you on that one. My wife has ME (that's Chronic Fatigue, not a reference to her husband) and needs a truckload of medication just to keep going. Most of it is PBS. If that were taken away we would have a hard time surviving.

      --
      If my call is important, why am I talking to a recording?
    9. Re:Fuck the FTA by Anonymous Coward · · Score: 0

      All of a sudden it's actually _my_ property and _my_ liberty?! Cool. I was wondering when you'd let me own my stuff again. Hypocrite.

    10. Re:Fuck the FTA by Anonymous Coward · · Score: 0

      Yea .. they are pulling the same shit on the western hemisphere.. trying to force all countries into their 1 way free trade agreement. So your country can slave labour for american corps.. but the second u sell something back its taxed to the point where local corporation can barely be competitive/profitable.. hense american rich boys can come in and buy all your business.. its been happening in Canada for quite some time now.

  17. How about shortening to zero years? by Thinkit3 · · Score: 0

    Copyright is unnatural even for a second. Abolish copyright now.

    --
    -Libertarian secular transhumanist
  18. Just wondering... by Joel+Carr · · Score: 2, Interesting

    While we're on the topic of IP, Patents and Australia, does anyone know what Australia's position on software patents are? Just wondering because it's something that may become important for me to know, but yet I have no idea about it...

    Better yet, does anyone know of a comprehensive online listing of which countries have software patents, and what exactly can be patented in each country? I was unable to find such a list, but I'm sure there must be one.

    ---

    --
    Any man who can drive safely while kissing a pretty girl is simply not giving the kiss the attention it deserves. -- AE
    1. Re:Just wondering... by zsau · · Score: 1

      My understanding is that Australia has them, and they're pretty similar to the US. I did a google a few weeks ago, and I don't pretend to really have understood what I read, but I think they looked to the US to work out what they should do.

      --
      Look out!
  19. Copyright terms should be shortened by Anonymous Coward · · Score: 4, Insightful

    The original justification for the length of copyrights, to keep them long enough to make money, no longer exists because of the rapid transmital and sales possible by current technology. IE a 100 years ago, it could have taken awhile to start amassing sales world wide. Today, distribution is possible worldwide immediatly. Copyrights should be *shortened* in todays climate. It borders on insanity (or an unrighteous desire for monopoly) to wish to extend them in this climate.

    1. Re:Copyright terms should be shortened by phorm · · Score: 1

      And indeed, a lot of this was to protect an author against unauthorized copying, to promote authors to generate material without fears of plagiarism/piracy/etc.

      That in mind, why extend copyright far past the death of an author at all - distribution questions aside? If I'm dead, I'm hardly going to amass anything from sales anymore.

  20. Interesting analysis by ACLU by Anonymous Coward · · Score: 0

    Here.

    1. Re:Interesting analysis by ACLU by Chuck+Bucket · · Score: 4, Funny

      Congrats, your Apache2 install went well. Now make sure you lock that box down and make us proud.

      CB

    2. Re:Interesting analysis by ACLU by Anonymous Coward · · Score: 0

      You mean it isn't secure out of the box?

      What is this software - some MS crap?

  21. Copyright extension is theft of public property by HermesT · · Score: 5, Insightful

    The way I see it copy right term extension is transference of public property into private hands without payment being rendered in return. What has Disney --and all those companies that have successfully lobbied for longer copyright durations-- given back to the public in return? Nothing. That's right. They got what was to be public property for free and gave the public *nothing* in return. Its corporate welfare and its theft.

    1. Re:Copyright extension is theft of public property by Anonymous Coward · · Score: 0

      That's an argument that won't appeal to anyone except someone on the left. Try this: It violates due process because it has taken it out of the hands of any individual who happens to be holding it at the time. If I put 300 hours of effort into putting Huckleberry Finn onto disk, and than they extend the copyright law another 70 years AFTER THE FACT, the government has then taken property out of the hands of very real, non-abstact people, for the private benefit of a few.

      Forget abstract terms like public domain. It may be in the public domain, but the people holding the works are a little more concrete and affected.

    2. Re:Copyright extension is theft of public property by timeOday · · Score: 1
      Ok, good, how about this?

      "Why should we waste money paying the police and courts to restrict the distribution of these works long after their creators are dead and gone?"

    3. Re:Copyright extension is theft of public property by HermesT · · Score: 1

      No. Something was stolen from you whether you purchased Hucklebery fin or not, namely, your *opportunity* to profit from Huckleberry Fin (buy purchasing it and then copying it or creating derivate works after the copyright expiry date). Loss of opportunity constitutes economic harm to you as an individual and is akin to theft.

    4. Re:Copyright extension is theft of public property by mabhatter654 · · Score: 1

      That's another valid point that might hold weight. Back in the 1920's when many of the works in question were created, what were the authors paid at the time for their "rights". It would seem that the original deal was for so many years at $X price. Now the corps have extended their years....are the original authors recieving adjusted compensation + interest for the extra time and usage the assignees are getting out of their works? That may make a court take notice!

    5. Re:Copyright extension is theft of public property by martin-boundary · · Score: 2, Insightful
      That's a nice angle, but it misses the real issue. The Howard government is hell bent on a free trade deal with the USA, and prepared to accept whatever it takes to achieve this. What's a few thousand dollars lost to people who use the public domain against a few billions over several years in agricultural trade benefits?

      The assholes in government are quite prepared to sell off Australia's intellectual property over to global companies in return for an agreed price. The point is that, to them, if someone pays a good price for it now, then what's wrong with selling it?

  22. Well duh... by MacDork · · Score: 2, Insightful

    So Walt Disney Corp can still sell Mickey exclusively and so that Time Warner can sue you for singing 'Happy Birthday' of course. What? You don't see the point in that??

  23. Re:If 50 years isn't enough time to make a profit. by Anonymous Coward · · Score: 0

    here here

    raise the cry.

    "Fuck the Corporate Scumbags"

    cf below

  24. Simpler solution. by Thinkit3 · · Score: 0

    Abolish all copyrights. That's much simpler, and the right thing to do.

    --
    -Libertarian secular transhumanist
    1. Re:Simpler solution. by Kris_J · · Score: 1

      Unfortunately, most western economies are too reliant on IP laws. If copyright were to simply be abolished (which I agree is the right final outcome) then a signficant number of businesses currently rigged to take advantage of the existing situation would encounter financial difficulties. Fortunately, I don't work at such a company, but we may well be tied to a number of other entities that would be negatively affected by the removal of copyright. I therefore stick to my original suggestion as being the easiest solution.

    2. Re:Simpler solution. by screenrc · · Score: 1
      A few points:


      1. Who cares if western companies rely on IP
      laws and will (temporally) suffer financial
      difficulties. Does anyone care when *I* suffer
      financial difficulties?


      2. If copyright is abolished, companies will
      move into other things. Instead of money being
      invested in IP, it will be invested in something
      else (if tomaties become illegal, farmers will
      switch to lettuce. They will not go out of business.)


      Saying that some existing business will suffer
      is not much of an argument, for the same reason
      that marijuana business "suffer" when pot is illegal. No,
      they don't suffer, they switch into computers,
      fuel cells, diapers, or other things. A

    3. Re:Simpler solution. by Kris_J · · Score: 1

      That a potentially critical mass of companies would experience immediate financial concerns should copyright be removed without warning should be a good enough reason that it's not something you "just do". A collapsing economy is not a pretty sight. The correct way to do it is to announce a gradual phasing-out of IP laws so that larger employers have time to make changes without massive unemployment.

    4. Re:Simpler solution. by screenrc · · Score: 1
      Back to our two main points:


      1. The "phase out" period is great idea. Since my income employees many people ( the
      mortgage company, the local computer store, the night-outs, and my weekend boating trips),
      it is only fair that before a company decides to close its factory it must
      provide notice well in advance to its employees (and by extension, to the companies
      that my income employ). The logic is the same: we don't want to impose sudden harm to
      a great number of people.



      2. The assumption here is that IP, in general, is against the interests of the public.
      Should we ban at-once the ownership of slaves, the pollution of environment, spying,
      and cocaine traffic, or should we phase them out over the next 10 years.
      The answer is now! And what happens to our people who now trade cocaine and will
      be forced out a job? Well, that is another problem altogether. We can take care of
      the them if we want (if there is a will, that is easy), but it has nothing to do with
      when to ban cocaine, IP, or spying.

    5. Re:Simpler solution. by Kris_J · · Score: 1
      Re 2.: There has been relatively little public debate on the issue of abandoning copyright. To do so now would adversely affect a large number of people that are currently conducting business in good faith. While it is heartwarming to see the occasional successful business person indicate that patents are so broken as to not be worth the paper they're written on, it is not the majority view.

      While your comparison to slavery is overly emotive, given that it contains an element of ownership it might not necessarily be too far off base. However, works protected by copyright were created from nothing by someone at one time, so it's not like a company is holding a person ransom -- just our cultural heritage.

    6. Re:Simpler solution. by mpe · · Score: 1

      Unfortunately, most western economies are too reliant on IP laws. If copyright were to simply be abolished (which I agree is the right final outcome) then a signficant number of businesses currently rigged to take advantage of the existing situation would encounter financial difficulties.

      A century ago plenty of companies were "rigged to take advantage of" horse drawn transport. Indeed the entire economy was tied to this. Even though virtually all of these companies went bankrupt the Western Economy still exists.

  25. Property re-defination by Anonymous Coward · · Score: 0

    Also, if I am not mistaken, these redefinations
    of copyrights affect works created under the old defination, and violate the constitution and several basic principles of law. Its taking property out of the public domain and anyone who happens to be holding it without due process of law, and changing property rights after the fact, similar to ex-post facto laws.

    A law that violates fundamental principles of law and the constitution under which it purports to have been passed is no law at all.

  26. Re:OFFTOPIC, BUT NEEDS TO BE DISCUSSED by Anonymous Coward · · Score: 0

    Same here, I can't even meta-moderate anymore (for about 2 weeks)

    I donno, something's wrong in slashcode I suspect.

  27. A side-effect by The+Munger · · Score: 3, Interesting

    Slightly offtopic, but one bizarre thing a free trade agreement with the US would mean for Australia, is more US television content. There are currently laws in place that mean television broadcasters must allocate a certain amount of hours to Australian content. It's much cheaper to buy television content than it is to make it, so the broadcasters are well and truly in favour of it. Many consumers feel that we get too much US content as it is without opening the flood gates.

    There are many ways a free-trade agreement would benefit Australia as well. As a largely primary producer, the subsidies the US government give its wheat producers price Australia out of the market. No-one has managed to convince me either way that such an agreement would work out better or worse for Australia. I certainly can't see any benefit for the US. Obviously, things will change (some for better and some for worse) for both parties. But is it truly worthwhile for either?

    --
    Refuse to make a statement in your sig!
    1. Re:A side-effect by Evil+Pete · · Score: 1

      Australia competes on world wheat markets without a subsidy. Can the US say the same ?

      --
      Bitter and proud of it.
    2. Re:A side-effect by tqft · · Score: 3, Informative

      USA also wants Australia to drop the "economic" value argument in the PBS (pharmaceutical benefits Scheme) - ie make the drugs subsidized to sick people more expensive. An actually independent government appointed body works out what the drugs are worth in economic value and then refuses to pay anymore than that to the drug companies. Guess what the drug companies don't like it. Tese drugs are then suypplied to sick people at that cost. If you are a pensioner/unemployed it can cost as little as AUD$2.

      --
      The Singularity is closer than you think
      Quant
  28. Re:OFFTOPIC, BUT NEEDS TO BE DISCUSSED by IthnkImParanoid · · Score: 1

    Read CmdrTaco's journal. I don't know if it's been fixed, but he explains there have been server issues, especially with the code that deals out mod points.

    --
    It's nothing but crumpled porno and Ayn Rand.
  29. Re:If 50 years isn't enough time to make a profit. by danny256 · · Score: 1

    How much (other than as much as their pockets can fit) money do they really have to make to justify their projects?

    I totally agree with you, in fact I think that we should just take all the money from society and distribute it equally to every person, regardless of contribution. The added benefit would be that people programming open source software (and not getting paid) would get the rewards they deserve.

  30. Re:If 50 years isn't enough time to make a profit. by skaffen42 · · Score: 1

    How much (other than as much as their pockets can fit) money do they really have to make to justify their projects?

    You don't understand how these people think. They don't care how much money can fit in their pockets. They know they can allways buy bigger pockets. That alone is justification enough for them.

    Enough ranting. I'll shut up now.

    --
    People couldn't type. We realized: Death would eventually take care of this.
  31. Simpsons did it! by Anonymous Coward · · Score: 0
    Bruno: Ooh! Ah, that's it. I'm going to report this to me member of parliament.
    [yells out window]
    Hey, Gus! I got something to report to you.
    [Gus tends his swine]
    Gus: That's a bloody outrage, it is! I want to take this all the way to the Prime Minister.
    [they go down to a lake]
    Hey! Mr. Prime Minister! Andy!
    Andy: [floating naked on an inner tube with a beer] Eh, mates! What's the good word?
  32. Re:If 50 years isn't enough time to make a profit. by KiwiEngineer · · Score: 2, Insightful

    I was not arguing for a socialist model at all, merely a reasonable appraisal that if a project is not going to make sufficient profit to justify its going ahead within 50 years, it is highly unlikely to generate that extra money in the final 20 years.

    --
    Nobody expects the Spanish Inquisition!!
  33. Anyone read dictionary.com's def of copyright? by MacDork · · Score: 4, Interesting

    Check this out.

    Use of copyright to restrict redistribution is actually immoral, unethical, and illegitimate. It is a result of brainwashing by monopolists and corporate interests and it violates everyone's rights. Copyrights and patents hamper technological progress by making a naturally abundant resource scarce. Many, from communists to right wing libertarians, are trying to abolish intellectual property myths.

    Who the hell wrote that? Well, it's better than the RIAA's version. Interesting :-)

    1. Re:Anyone read dictionary.com's def of copyright? by yerricde · · Score: 1

      That's from FOLDOC by Denis Howe.

      --
      Will I retire or break 10K?
    2. Re:Anyone read dictionary.com's def of copyright? by Anonymous Coward · · Score: 0

      The source is mentioned below the entry. Click for info and do the math.

    3. Re:Anyone read dictionary.com's def of copyright? by abertoll · · Score: 1

      Well it says...

      "Source: The Free On-line Dictionary of Computing, (C) 1993-2003 Denis Howe"

      A definition that seems to have a lot of opinion in it...

      --
      "he drew his sword Ringil that glittered like ice... and he wounded Morgoth with seven wounds..."
    4. Re:Anyone read dictionary.com's def of copyright? by Aidtopia · · Score: 1
      Use of copyright to restrict redistribution is actually immoral, unethical, and illegitimate. ...
      Who the hell wrote that?

      According to your link, it was written by Denis Howe, and, ironically, he copyrighted it. Well, he intended to anyway. A C in parentheses is not a legally recognized copyright symbol.

      The Free On-line Dictionary of Computing, (C) 1993-2003 Denis Howe
  34. Why sir, do you wish to impovern me? by Anonymous Coward · · Score: 0

    My family depends on profits from sales of MY creations, which sprang out of MY mind, not the world's. Any dilution of such royalty privileges would only serve to take food out of progenys' mouths, literally. Is it your wish that my children be thrown in the poorhouse? I worked hard to develop my skill at creation, now I and my family should be penalized for it? Is this how you propose treating those who create?

    1. Re:Why sir, do you wish to impovern me? by Anonymous Coward · · Score: 0

      You're not dead...

    2. Re:Why sir, do you wish to impovern me? by Steeltoe · · Score: 1

      Nice troll.

      However, I would argue by the time you're dead, your children will be adults perfectly capable of having their own income instead of milking their dad's artificial monopoly.

      My family depends on profits from sales of MY creations, which sprang out of MY mind, not the world's.

      You don't know that. Where does it all come from? If you were never born, you would never be able to create. Books have inspired you and people have taught you about life. Now YOU show some gratitude for that!

  35. Those may be PD already by yerricde · · Score: 1

    The Walt Disney Company may have already lost the copyright on Mickey Mouse due to a faulty copyright notice.

    Snopes seems to think "Happy Birthday to You" is still copyrighted and owned by Time Warner. But it may not be different enough from an earlier song called "Good Morning to All", whose U.S. copyright has already expired, to be considered a distinct work worthy of a separate copyright.

    --
    Will I retire or break 10K?
    1. Re:Those may be PD already by surprise_audit · · Score: 1
      That article about Disney losing the copyright to Mickey Mouse is very interesting. Unless there are some other cases that alter the law differently, I'd agree with the author - Disney certainly appears to have lost the copyright to Mickey Mouse.

      On the other hand, I'd hate to be in court facing Disney's platoon of lawyers in a discussion about infringement...

  36. Re:If 50 years isn't enough time to make a profit. by Anonymous Coward · · Score: 0

    Anyone who spends too much time programming open source deserves what they get now..

  37. AU != US by yerricde · · Score: 1

    Are these assertions valid under Australian constitutional law as well?

    --
    Will I retire or break 10K?
  38. Re:If 50 years isn't enough time to make a profit. by Pseudonym · · Score: 1

    Very simple: Because big studios have discovered that they can make a lot of money off derivative works, re-releases, remakes and so on. Especially now that they can release digitally enhanced special editions and DVDs. That's a lot of money for not much work. Far more profit that would have been gained from buying a few politicians.

    Watch out next year for the feature blockbuster Flowers and Trees vs Steamboat Willie.

    --
    sub f{($f)=@_;print"$f(q{$f});";}f(q{sub f{($f)=@_;print"$f(q{$f});";}f});
  39. Yes, we need more sheep by DrInequality · · Score: 1
    Yes, we need more sheep after we sent the last 50,000 to see the goatse guy.

    "He says Christmas Island will take the lead while Cocos will play a supporting role."

    It's good to see the islands supporting our rural industries and pastimes!

    1. Re:Yes, we need more sheep by TDRighteo · · Score: 1

      Of course, the news just came through that we're giving our 50,000 lost sheep to Eritrea.

      It's nice to know that we're able to give them away to a country who probably needs them. Last I recalled, Eritrea was one of the poorest countries in the world.

  40. What happens to expired content? by m00nun1t · · Score: 2, Interesting

    What happens to IP which is, for example, at life + 60 years? It's been in the public domain for 10 years and there may well be people out there happily exploiting it - for example, a publisher publishing a public domain book. Do they suddenly need to withdraw it from sale or start paying royalties?

    It seem bizarre to me that something could enter the public domain and then leave it again.

    1. Re:What happens to expired content? by Anonymous Coward · · Score: 0

      It usually doesn't. Retroactive generally means that works which have not yet entered the PD have their term extended, but those which have (usually) are still in the PD.

  41. Can someone enlighten me by the-build-chicken · · Score: 2, Interesting

    As to why, if someone creates something, it should _ever_ have to go into the public domain? If I create/discover something...why shouldn't it be mine and my descendants for ever? (not flame baiting here...I'd be really interested in learning the finer points of this debate)

    1. Re:Can someone enlighten me by Anonymous Coward · · Score: 0

      Because, as a creator, you have shown inventiveness and initiative, and as such you are to be despised for making everyone else feel inadequate.
      As punishment you shall be stripped of your earnings (which will go to feed numerous illegitimate children) and derided as "evil greedy rich bastard" if you dare disagree.
      I hope this clears things up for you, you dirty rich pig.

    2. Re:Can someone enlighten me by Anonymous Coward · · Score: 1, Insightful

      1. Because there is no such thing as an independent idea or discovery. 99% of any idea/discovery is drawn from those that went before. Eg. your teachers, those who discovered mathematics, reasoning and language, those who have already done work in a similar area. People's ego tends to falsely convince them that their work is 'unique', noone has done anything similar, that they did not draw inspiration from others and so they deserve to 'own' an idea which occurs to them.

      2. Because it is impossible to 'create' an idea. You can only 'create' physical items. For example, you don't 'create' the concept of a chair. You can only 'create' an instance of a chair. You own that chair because the only way someone else can use it is to take it away so you cannot use it. You should/do not own the concept of a chair, as use of that concept does not dimininish the chair you own.

      Those are two arguments which come to mind. Hopefully I've done them justice, but probaly not.

    3. Re:Can someone enlighten me by rollingcalf · · Score: 1

      If you don't want it to ever become public domain, you can keep it a secret and only yourself and your descendants will ever see it.

      Once you release it, it now becomes a burden on society to forever force people not to reproduce the words, sounds, images, or physical constructs that they would naturally want to do and be able to do.

      Second, in this day and age, nothing truly useful is developed from scratch. If you are a good author, artist, or musician, you learned from others that went before you. As a kid, your interest in learning to read and write was likely helped with public domain fairy tales and fables. If you write music or play an instrument, you almost certainly were helped by practising or being exposed to music from previous centuries. Not to mention that the form and function of instruments themselves are public domain. If you write books, your skill almost certainly benefitted from the public domain works of authors like Mark Twain, Jane Austen, and Shakespeare, or your teachers did. You took from the public domain to make your creations, so eventually you should give back to it.

      As far as discoveries are concerned, if you never discovered something, it is almost certain that somebody else would eventually discover it. So it would be terribly restrictive to forever stop people from creating or using something that they would have been able to find themselves if you didn't do it.

      --
      ---------
      There is inferior bacteria on the interior of your posterior.
    4. Re:Can someone enlighten me by Phroggy · · Score: 2, Insightful

      I was listening to the fourth movement of Beethoven's 9th symphony recently, and I wanted to see how the choir parts are put together. Because it's in the public domain, I was able to find a PDF of the score online, and print it out (88 pages for the fourth movement, so far I've only printed part of it). It's absolutely a work of genius, and far more complicated than I would have been able to transcribe while listening to the CD. In the 16-bar passage I've been looking at, the tenor part goes above the alto part periodically, and the soprano part just has rests for the first four bars (with the melody in the alto part; the melody shifts to the soprano part in the 7th bar).

      Of course it's difficult for me to read; in addition to everything being in Italian (the international language of music) - except the vocal lyrics, which are of course in German - several of the parts are written with bizarre clefs (I figured out that the pointy thing in the middle of the clef points to middle C, but why the soprano part is written with a clef that puts middle C on the space below the bottom line of the staff, instead of a perfectly normal treble clef which puts middle C on the ledger line just below it, I have no idea). Also, not being a conductor, I'm not accustomed to reading full scores, so it's sometimes rather confusing to figure out which parts are on which lines when there's a different number of lines than there were the last time the parts were labeled.

      There are also parts for A clarinets (instead of the usual B-flat), and for D trumpets (in addition to the usual B-flat). Of course one must remember the German convention of writing what we call B-flat as B and what we call B-natural as H, so the B-flat trumpet part actually says "Corni in B."

      Now tell me - to whom would you have me pay money for the privalege of exploring the music of Beethoven? He himself certainly doesn't need it, and I don't even know who his descendants are. Those who may be living obviously had nothing whatsoever to do with the creation of the work.

      Public domain is a GOOD THING.

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

      Taken from another viewpoint, why should artistic effort provide a revenue stream for descendants?

      You write a successful book, your children can potentially live off the income from that book, while doing nothing themselves to help society in any way.

      But if you build a bridge that allows millions of people to travel more easily between two locations, increasing trade and generally giving value to society, then you get paid once for your work. Nothing for your kids, nothing for the grandkids.

      But maybe I'm just an idiot. Clearly writing an animated screenplay for "The Little Mermaid" is of far more value to society than increasing trade, or curing an epidemic, or building houses for people to live in, or growing food for people to eat. None of that stuff is really important, not compared to making movies.

      --

      Politas

    6. Re:Can someone enlighten me by jasontwarnock · · Score: 2, Informative

      Simple, prior to copyright laws, everything was public domain, the only way to have an idea what was your's and your's alone was to not tell anyone about it. The US invented copyrights to convince possible inventors/writers/artists to share their works with the rest of the people, and that the US if someone was to take their works as their own would protect it. Some of the people of the time (being that copyrights at the time did not exist) felt that an idea is a naturally free concept, so restrained the copyright/patent to being a *limited* monopoly.

      --
      :wq
    7. Re:Can someone enlighten me by GauteL · · Score: 1

      Pseudonym had a better argument, but there is another.

      I could just turn around your question and ask:

      "Why should the descendants of someone reap in royalties forever for something one of their ancestors happened to create?"

      Copyright have been created to make it possible for artists and authors to make some money off their work and thus encourage more work to be done.

      If copyright is extended over the life of the author for some really important work, the author and his descendants have no need to do any more work ever, and it will thus do the opposite of encouraging innovation and artistery.

      Personally I think copyright should only be around 15 years. That is plenty of time to reap in profits on your work, and most would still have to do more work in their life time.

    8. Re:Can someone enlighten me by CKW · · Score: 1

      Sorry, I haven't previewed this - there's just too much here :)

      Physical property laws are based upon the premise that originally, way way back before we evolved into any kind of real society, everything in the world belonged equally to everyone.

      The idea of "ownership" of physical objects is useful in a society's attempts to make use of the world around us. If someone cuts down a tree and makes a chair, isn't it fair that the chair is now "owned" by them? If someone clears a field and begins sowing it, isn't it fair that the land is now theirs?

      Of course it didn't happen quite like that, we were a bit more savage back in the day, and there were hundreds of little civilizations developing and dying here and there, and things developed "organically". But philosophically speaking, this makes sense.

      At some point "everyone" (the government, society) decided/or-whatever that everything that wasn't yet owned by someone, was owned by everyone (the government), and any further "dispersal" of ownership of said things would have to be by agreement of "everyone" (the government) - hence you get things like stumpage fees and mineral claims and on and on.

      Ok, so how does intellectual property fit in?

      Here's the thing. Intellectual property, ideas, information - can all be represented by a string of numbers. What's the difference between this number - 8372792994 - and the numbers necessary to represent the song "Happy Birthday"? Not much, if you compress the words to the song Happy Birthday, it takes up about 78 numbers. If you index a dictionary and use the index numbers to represent the song, you can get down to as little as 20 numbers. For a song whose "ownership" is worth millions per year.

      Pretty ridiculous, eh?

      Somewhere out there is a string of atoms arranged in a manner that it spells out the song happy birthday.(*) It can be proven by any 3rd year statistical physics studen. So why is anyone allowed to "own" something that did/could-have already existed long before they "discovered" it?

      Because it's good for us. It benefits us all if we give a small monopoly to someone whose efforts resulted in their "discovering" (as far as known recorded human history) a tiny bit of numbers or information.

      But information can be copied without cost. Information can enrich the lives of an infinite number of people and yet cost us nothing to "discover" it other than what it took the original "discoverer" to discover/create it.

      So 150 or so years ago we as a society decided to allow people who "create/discover" a particular set of information/knowledge - which could already exist somewhere in the universe but in a place inaccessible to us - which probably would eventually be "discovered/created" by someone else, maybe even an alien species - we decided that it's quite natural to allow them a significant portion of their life (I think it was originally 20 years) to try and "profit" from their "work".

      Thus there is an incentive to discover and create, and we as a society will "discover and create" information and knowledge at an optimal rate.

      There is no reason to grant someone a perpetual monopoly on a tiny bit of information that someone else could have just as easily created in the past or the future. Nor do many of us really think that our great-great-great grandchildren should get a free ride and not have to work. Heck, we *can't* do that even if we wanted to - Imagine if everyone in the world tried to retire right now this instant. Prices would rise 100,000 percent and people would be forced back to work, no matter how much "intellectual property" they have.

      But corporations - they have no such limited lifespans. They are the only things on this earth that would desire perpetual infinite monopolies on information. But what would that do for society? What would that do for us? Absolutely nothing. Eventually there would be so much intellectual property owned by corporations that the net value

    9. Re:Can someone enlighten me by CKW · · Score: 1

      .
      > Those are two arguments which come to mind. Hopefully I've done them justice, but probaly not.

      There's something to be said for brevity. I wish I had saw your post before I composed my own ;)
      .

    10. Re:Can someone enlighten me by dvdeug · · Score: 1

      As to why, if someone creates something, it should _ever_ have to go into the public domain? If I create/discover something...why shouldn't it be mine and my descendants for ever?

      You're making any novel, any movie, any video game, any TV show based on Oz or Huckleberry Finn or Grimm's Fairy Tales or Cinderalla or Pinnochio or any character or setting currently or ever in the public domain impossible or very expensive. You're making schools and libraries pay out large sums of money to get the books that are necessary for students to learn about their culture.

      In exchange, you're transferring money to those who never worked a day in their life on this book. For being distintly related to someone, they get a stream of cash, sort of like royalty. (Of course, in reality, the copyright was bought by BigCo, to whom it's merely another interest-bearing account.)

  42. That's right by vandan · · Score: 4, Informative

    The FTA is nothing but bad news for Australia.
    If nothing else, it further entagles us with the lunatic foreign policy of the US.

    But of course the bad news doesn't stop there. Health care, local media content, copyright law, drug law, terrorist law, foreign ownership, ... the list goes on and on.

    For those who are interested, the ISO is holding a social forum this weekend, and will be discussing just such issues, and many more. It starts tonight ( 7pm ) and goes until Sunday. It's at UTS. See http://www.sydneysocialforum.org for more details. Honestly, this is the best place to discuss the issues involving the FTA, and build resistance groups to lobby the government. See you there!

    1. Re:That's right by Maso · · Score: 1

      Good point about the Free trade agreement, but...

      it's Tonga vs New Zealand in the World cup tonight - Tonga has promised to hurt the All Blacks for signing up all their best players and then never using them again.

      I'm going to the pub to watch the rugby. Maybe i'll see you after - how about Agincourt (or whatever it's called these days)

      Love, light and peace
      Maso
      Good luck anyway...

    2. Re:That's right by vandan · · Score: 1

      I see. Well I'm not a rugby man myself. I'd rather be doing just about anything else actually :)

      And sorry dude, I read your post re: Agincourt after I came back from the forum, and now I'm stoned, and tired, and going to bed.

  43. Write to your local MP by EverDense · · Score: 1, Interesting

    I just wrote to my local MP voicing my objection to this. He is a member
    of the current government, albeit a mere backbencher at the moment.

    Here is hoping he doesn't tow the party line should they choose to tow
    the corporate American line.

    --
    http://jesus.everdense.com/
    1. Re:Write to your local MP by albeyMangles · · Score: 1

      Dude, you are seriously misguided if you think any member of the Liberal party (or that matter the Labor party) wouldn't tow the party line. Especially if they're a backbencher. That is unless their surname is Kennett.

    2. Re:Write to your local MP by EverDense · · Score: 1

      I am not misguided. Merely hopeful.
      AND Backbenchers are the ones THAT ARE MORE LIKELY to NOT tow the party line.

      --
      http://jesus.everdense.com/
    3. Re:Write to your local MP by Anthony · · Score: 1

      With a tag starting with Alby, surely you have to put the surname Shultz in that list as well.

      --
      Slashdot: Where nerds gather to pool their ignorance
  44. I just finished reading the report... by Pseudonym · · Score: 2, Insightful

    ...it's actually surprisingly understandable.

    It's also surprisingly balanced. Their conclusion is that the benefits and costs of copyright term extension approximately balance each other, and hence harmonisation arguments result in a net gain for extending the term.

    I noticed that they, like most pro-copyright-term-extension reports, miss out on one crucial thing, and that's that they do not acknowledge that thanks to modern technology, there is a burgeoning "public domain industry" which consists of real stakeholders whose interests are directly in opposition with the existing copyright holders on this issue.

    Moreover, this industry is making a real foothold in Australia. I own a number of Australian-produced DVDs of 1930s era animated shorts, for example.

    People writing to their MPs might like to point this out. A copyright term extension would effectively kill a new Australian industry.

    --
    sub f{($f)=@_;print"$f(q{$f});";}f(q{sub f{($f)=@_;print"$f(q{$f});";}f});
  45. Shorter copyrights benefit hidden gems by tessaiga · · Score: 2, Interesting
    If you can't enough make money in the first few years (and ideally the first year)of realease, why bother at all?
    This is an excellent point. Movies which have not already made a large chunk of money in the first life+50 years aren't going to suddenly going to turn into cash cows in the next 20 years after that.

    However, there are cases where movies which were never popularized under copyright flourish after the copyrights expire. The classic example of this is, of course, "It's A Wonderful Life". Although now one of the most-watched Christmas movies and most-imitated storylines, the initial reception for the movie was cool at best, with the movie barely making back the production costs. It wasn't until the copyrights expired that it began showing regularly every December and saw its popularity skyrocket.

    If there'd been the same trend towards perpetual copyrights back then as there are today, we all would have missed out on this kind of gem. The public (especially later generations) got to see a movie that would probably have otherwise disappeared into the discount bin, and he studios lost nothing from the experience (it wasn't until IAWL was out of copyright that it took off). In fact, given how often the formula for IAWL has been copied, it could be argued that they've benefited by using its popularity to spawn a bunch of derivative works, which they later capitalized on. (I've lost count of how many TV shows and movies have used this theme.) It's unfortunate that the studios seem to prefer to take the shortsighted "milk-it-to-the-last-drop" view to a more longer-term and broader perspective.

    --
    The bold print giveth, and the fine print taketh away ...
    1. Re:Shorter copyrights benefit hidden gems by daveo0331 · · Score: 1

      If only more people understood this, we might have more reasonable copyright laws. Copyright laws exist because without them, few people would bother to make (in this case) movies. As a society, we have more movies to choose from because of copyright law. The longer the copyright term, the more incentive there is. However, a longer copyright term also makes it harder to access older movies, discourages derivative works, and does little to encourage production. So there's a tradeoff. One week is too short (would you pay $9 to see a movie that would be free next weekend? Didn't think so) while life+70 years is too long (how much money my movie makes between the years 2107 and 2127 isn't very important to me). Somewhere in the middle is an optimal term that benefits all of us the most.

      Unfortunately, we've lost track of why copyright law exists. It's not there to protect Hollywood studios; it's not there to protect millionaire actors; it's not even there to protect the "average" people shown in the MPAA propaganda. It's there to benefit society as a whole by giving people an incentive to make movies (and other works). We give the producers this incentive in the form of specific limited, temporary rights, which are very different from physical property ownership. If we wanted to, we could shorten the copyright term to 1 year. The benefit would be cheap access to all but the newest movies. The drawback would be less new movies would be made. Would we as a society be better off in the long run? It's hard to say. Maybe someone should Ask Slashdot. But we should be thinking about this debate in terms of a tradeoff between availability of movies already made vs. incentive to create new movies, and not "how much money does the MPAA deserve" or whatever. These arguments just play into the MPAA's hands by hiding the fact that copyright term extensions affect anything other than film studio revenues.

      --
      Remember the days when Republicans were the party of fiscal responsibility?
    2. Re:Shorter copyrights benefit hidden gems by mpe · · Score: 0, Redundant

      If only more people understood this, we might have more reasonable copyright laws. Copyright laws exist because without them, few people would bother to make (in this case) movies.

      Actually we don't know if this actually is the case. Since copyright (and it's associated third party publisher/distributor business model) was well established prior to the invention of the cini-camera.

      As a society, we have more movies to choose from because of copyright law. The longer the copyright term, the more incentive there is.

      Even if it can be demonstrated that copyright is good at promoting the distribution of movies that need not imply that more copyright is better. There could easily be an optimum copyright term for encouraging movies, beyond which more copyright makes little difference.

      However, a longer copyright term also makes it harder to access older movies, discourages derivative works, and does little to encourage production. So there's a tradeoff.

      There are plenty of situations where something which is good in moderation is bad in excess. A small amount of all sorts of spices added to food can improve the taste, a large amount can render it inedible. Similarly a tiny amount of a chemical can cure someone, whereas a larger amount would quickly poison them.

      So there's a tradeoff. One week is too short (would you pay $9 to see a movie that would be free next weekend? Didn't think so) while life+70 years is too long (how much money my movie makes between the years 2107 and 2127 isn't very important to me). Somewhere in the middle is an optimal term that benefits all of us the most.

      If you are going to make a movie you might well be borrowing the money anyway. How long before whoever lent you the money will be expecting it back?

      Unfortunately, we've lost track of why copyright law exists. It's not there to protect Hollywood studios; it's not there to protect millionaire actors; it's not even there to protect the "average" people shown in the MPAA propaganda.

      Are Hollywood and expensive actors actually a requirement for the production of movies which entertain people in the first place? Most people involved in the production of a movie are likely to get paid for the work they do.

  46. Devil's advocate by yerricde · · Score: 1

    Not all countries make copyright infringement a crime, eliminating police costs. The court costs are generally paid by the copyright owner (or by the loser, if legal tradition so dictates).

    --
    Will I retire or break 10K?
  47. Good question by Pseudonym · · Score: 3, Insightful

    The answer is a utilitarian one: Human progress happens by building on the fringes of what we have now. If what we have now is locked up indefinitely, progress will effectively stop due to the cost of determining who owns what already exists.

    Think about this for a moment. How much would your computer cost if, for every component in it, you had to pay a royalty to the descendents of Faraday, Telsa, Volta, Planck, Boole, Turing, Babbage and so on for everyone who discovered something crucial to its operation?

    --
    sub f{($f)=@_;print"$f(q{$f});";}f(q{sub f{($f)=@_;print"$f(q{$f});";}f});
    1. Re:Good question by the-build-chicken · · Score: 1

      thanks...excellent answer

    2. Re:Good question by jiri+B · · Score: 1

      How much would your computer cost if, for every component in it, you had to pay a royalty to the descendents of Faraday, Telsa, Volta, Planck, Boole, Turing, Babbage and so on for everyone who discovered something crucial to its operation?

      Well, that's how software works, isn't it?

      Except we're paying MS rather than the actual inventors, but the effects are similar. (Most likely the hardware innovations would've been similarly productized by someone.)

      --
      -- Hi! I'm the "Good Times" signature virus. Copy me into your Sig!
    3. Re:Good question by awol · · Score: 1

      The answer may be utilitarian, but you have the cause ass about. By it's very nature when you publish something it _is_ in the public domain. The concession granted to the author to be able to "copyright" the material and hence "remove" the work from the public domain is the thing that is granted for utilitarian purposes. This grant is to "promote" the progress resulting from such works.

      The flaw in the argument is so lost on those that believe in IP that I shan't even try to point it out here.

      --
      "The first thing to do when you find yourself in a hole is stop digging."
  48. Elect me and I will fight against copyright by Quizo69 · · Score: 3, Interesting

    I am an Australian who is quite frankly sick and tired of the corporate world slowly stomping away all our rights, privileges and national identity in the name of $$$. Look through my older posts for more insight on my views on copyright (short answer - they should be abolished).

    I also don't believe in this "War on terrorism" we have enjoined with the United States. I see it as nothing more than a global land grab for US oil and gas interests. Read "Rebuilding America's Defenses" if you don't believe me (http://www.newamericancentury.org/).

    Ironically it has taken the "war" to get me interested enough in where we are potentially headed to actually decide that if I can't change those IN power, I better get my voice heard by being in government myself.

    So to this end I am interested in hearing from fellow Aussies (and others if you want to make your view known) on whether or not you want to support a future Senate candidate who is a geek at heart, and who plans to have a party based online with forums where everyone can make their voice heard. You've all heard that sending email to politicians is useless; well my view is that email and forums such as this are the BEST way to make issues known to those in politics (well, those that really care, anyway). It will allow me to disseminate my ideas and allow for consensus based policy making.

    Anyone who wishes to help by donating a small amount of server space and forum expertise to set up a fledgling party page, please contact me at quizo_NOSPAM_69@hotmail.com and I will get back to you as soon as possible.

    As we have learned from Pauline Hanson's screwups, I would need 500 registered party members to make this a legitimate endeavour, in time to run for the 2004 Federal Election. I'm not kidding myself though - as a lone Senator I would not be in much position to formulate national policy and have it succeed constantly, but I would be a tech savvy person who would vote down stupid laws that take away our privacy, and give $$$ to corporations at the expense of the citizenry.

    Oh, and instead of a fridge magnet, I'd give everyone a CD with free software such as OpenOffice.org etc, and mandate that government use open standards to deal with the public.

    Anyway, if anyone thinks they would like someone in office who is not a politician by nature (I'm a pilot by profession) then drop a comment here or email me (bear in mind Hotmail will die silently after the inbox fills so posting here is preferred!). If there's enough interest I'll begin the process of running for parliament next year.

    I don't want to make this post too long so read my other posts for more insight into how I view the world.

    Quizo69

    1. Re:Elect me and I will fight against copyright by mino · · Score: 2, Insightful

      Look, the idea of a "Liberal Geek" party is a great one, and though it would be difficult to get any real support, it might well be worth a try.

      Obviously, you realise that running as a true independent is a long shot to succeed, and hence the idea to form a party. However, a suggestion: if you want to form a party, don't form it around the basis that you'll be the one running for the Senate. A truly democratic and open party can be founded by you, sure, but the members might want someone else among their ranks to run instead. To prove how open and free you are, set up the party, come up with a fair and open party constitution and rules, get some members, and THEN see what happens with preselection.

      Anyway, hell: I'd run in Victoria for the party if the party was appropriately set up, with appropriate policies. I'd certainly vote for you (them?).

    2. Re:Elect me and I will fight against copyright by aussieaussieaussie · · Score: 1

      OK I'm interested. You are my sort of candidate.

      I'll register as a party member on that platform.

      It sounds like the same 'war' (slaughter of Iraqi conscripts & civilians would be a more apt description in a little too long) radicalised a lot of Australians so I imagine you will make the 500 with no problem at all.

      Good luck and tell me where to sign.

    3. Re:Elect me and I will fight against copyright by cranos · · Score: 1

      Define "Liberal" if you mean it in the small "l" sense then Im right with you but if you mean it as the large "L" then Im sorry I think I will take the next bus.

      The problem with this idea is the complete lack of attention that the minor parties get in Australia. The only time they get it is when they are either, imploding (Dems), being jailed (One notion) or heckling ex drug addicts (Greens). While we don't have the same problem as the states does with campaign finance it does take a lot of money or a severe bout of fraud to get into parliament.

      The other thing I would mention is that very rarely do one policy parties get up. Even the greens had to expand from the just the environment before people would start taking them seriously. If the parent poster could give us a general idea on where the new party stands on issues such as health, education, defence, immigration, indigenous affairs, foreign affairs, communications, environment, fisheries... well you get my drift.

    4. Re:Elect me and I will fight against copyright by Zeddicus_Z · · Score: 1

      Your proposal is an interesting one and I have emailed you. Should you not get it (full inbox etc), you can reach me via my email address publically viewable on slashdot.

      --
      Janie took my gun...
    5. Re:Elect me and I will fight against copyright by Frogbert · · Score: 0

      You would definitly have my vote, thats 499 members needed now.

    6. Re:Elect me and I will fight against copyright by mino · · Score: 1
      Define "Liberal" if you mean it in the small "l" sense then Im right with you but if you mean it as the large "L" then Im sorry I think I will take the next bus.

      Oh dear god yes. Damn the 'Liberal' party and their ridiculous nomenclature.

      The other thing I would mention is that very rarely do one policy parties get up. Even the greens had to expand from the just the environment before people would start taking them seriously.

      Great point. Perhaps an even more sensible idea is to find an existing party which leans towards your views -- the Greens might be a good place to start -- join them, and start influencing their IT and IP policies. From what I've seen of their IT policies, they certainly seem intelligent. That way, you've got the might of a semi-major party behind you, don't have to worry as much about fundraising etc., and can have a real effect on party policy (maybe -- I'm not sure how much the Greens listen to the hoi polloi, but I believe that's one of their big 'selling points')

    7. Re:Elect me and I will fight against copyright by zsau · · Score: 1

      Oh dear god yes. Damn the 'Liberal' party and their ridiculous nomenclature.

      Actually, the Liberal Party uses an older definition of 'liberal'. And they are Liberal---economically.

      --
      Look out!
  49. I don't care what you think by Call+Me+Black+Cloud · · Score: 1


    Tell me what copyright holders think about this. Really. They have a stake in this too but I never see their points of view written about.

    1. Re:I don't care what you think by Trillan · · Score: 1

      I posted this elsewhere, but I'll post it here too. From the forward in the book I read it in, this seems to be Spider Robinson's viewpoint, told through a short story.

  50. Canonical anti-perpetual-IP comment by yerricde · · Score: 1

    Would you want to be paying royalties to the descendants of the caveman who invented the wheel?

    --
    Will I retire or break 10K?
  51. Melancholy Elephants by Trillan · · Score: 1

    There's an excellent short story on a possible danger of extending copyright law and archives by Spider Robinson. Seems to be available for reading online.

  52. Re:If 50 years isn't enough time to make a profit. by rollingcalf · · Score: 1

    "I totally agree with you, in fact I think that we should just take all the money from society and distribute it equally to every person, regardless of contribution."

    Well, what they're doing right now is taking money from society and distributing it to copyright holders (even if we aren't buying a copyrighted product - like with the tax on blank tapes), and suing people and/or threatening jail time for having certain bit patterns of music data on their hard drive, or just for reading the data they paid for in a manner that was not approved by the copyright holders. Under true capitalism and a free market, people would be free to copy and communicate whatever data they want using any method they want.

    --
    ---------
    There is inferior bacteria on the interior of your posterior.
  53. Any Software Developers in the House? by Anonymous Coward · · Score: 0

    Actually, I suspect a large part of the Slashdot Community are concerned as copyright. Each one us who develops software are producing a copywritable work!

    1. Re:Any Software Developers in the House? by Trillan · · Score: 1

      I'm a software developer myself, and although I'm proud of the coding I do, it is simply not expressive art to the degree of that produced by a song writer or story author.

      Now when we get to patenting algorithms and methods, we're a bit closer. :(

  54. Your second point is a terrible solution by Anonymous Coward · · Score: 2, Insightful
    Your solution is terrible. Think, companies can afford to pay for something to be in the copyright register FOREVER. So it's a bad idea.

    I wish for works to be in the public domain 2 years after the ORIGINAL AUTHOR dies. And that's really it. This would seriously promote new material, as the copyright holders such as corporations would have to bring new things into market as soon as possible in order to make the most money.

    But even the 2-year span is too much. The best solution would be that the original author retains the copyright, but only LICENSES the work to publishers and others to sell and distribute for profit. That way the original author would be able to do whatever he pleases with his OWN work, including revoking a license from a publisher so that no future copies could be made. Including putting it to public domain after he's made enough money from it.

    This would be the best solution from the point of view of the author, i.e. the original copyright holder. Of course it's too radical and doesn't think primarily about companies, so it wil never get approved.

    1. Re:Your second point is a terrible solution by Kris_J · · Score: 1

      My second point is not advocating endless copyright. I'm suggesting a token payment to signal active upkeep start from day one and be required every X years until the copyright runs out.

    2. Re:Your second point is a terrible solution by rking · · Score: 1

      I wish for works to be in the public domain 2 years after the ORIGINAL AUTHOR dies.

      There is no sensible reason for tying the value of a work to its authors life-span. It simply makes no sense. Copyright should apply to a fixed period (maybe flat 50 years for a "traditional" work of art, maybe quite a bit less for a computer prigram but the appropriate period is reasonably up for debate).

      If the author wants to pay some of the earnings across that fixed period into a pension scheme or life assurance policy or just save it in the bank then that's probably very wise. If they don't then that's their choice.

      I can't think of any reason why rewards/incentive for a 20 year old to create a work should need to be higher than the rewars/incentives for a 50 year old to create that same work. This is not how most people are paid and I've never heard any remotely convincing argument for it being applied to people with copyrights.

    3. Re:Your second point is a terrible solution by mpe · · Score: 1

      I wish for works to be in the public domain 2 years after the ORIGINAL AUTHOR dies.

      What's so special about "author's life plus X" anyway? How did this concept get into copyright law in the first place...

      The best solution would be that the original author retains the copyright, but only LICENSES the work to publishers and others to sell and distribute for profit. That way the original author would be able to do whatever he pleases with his OWN work, including revoking a license from a publisher so that no future copies could be made. Including putting it to public domain after he's made enough money from it.

      This is a suitably radical idea. But it needs some further thought as to how does it affect works which have more than one author, what happens in the case of anthologies/compilations and how would copyright be applied to recordings of a performance e.g. a movie?

    4. Re:Your second point is a terrible solution by Anonymous Coward · · Score: 0

      The solution will work well. The copyrighted work would have to be continually available or the exclusivity right will fail (do not apoply this to single works, such as statuary, paintings, etc., only to commercially reproduced items). If a corporation with copyrights on a work continue to make the work available, then they deserve the right to exlusivity. If they can't be arsed making copies, then they should lose it.

      Authorship would remain with the original author(s). It is just that infringement on the right to copy would not be prosecutable if the holder of those rights relinquished the exercising of those rights.

      I.e. If they are not willing to make money of the right, then infringement costs them nothing.

    5. Re:Your second point is a terrible solution by mpe · · Score: 1

      My second point is not advocating endless copyright. I'm suggesting a token payment to signal active upkeep start from day one and be required every X years until the copyright runs out.

      A token payment is unlikely to help much with "copyright squatting". Far better is a payment which rises exponentially.

    6. Re:Your second point is a terrible solution by mpe · · Score: 1

      Copyright should apply to a fixed period (maybe flat 50 years for a "traditional" work of art, maybe quite a bit less for a computer prigram but the appropriate period is reasonably up for debate).

      Why should it be anything like that length of time on a movie or music recording which the publisher will judge "hit" or "miss" in at most a few years? Quite possibly within a few months.

    7. Re:Your second point is a terrible solution by cableshaft · · Score: 1

      What's so special about "author's life plus X" anyway? How did this concept get into copyright law in the first place... Simple answer. Walt Disney died. And the Disney Corporation can't stand the thought of giving up their Mickey Mouse character or Snow White movie to the filthy public they sell copies to. Hence, intensive, successful lobbying to keep increasing copyright infinitely. Hence, I don't put value into almost anyone's claim at having copy rights anymore, unless what they did really, really knocks my socks off.

      --
      Creator of the popular web game Proximity
    8. Re:Your second point is a terrible solution by 1u3hr · · Score: 1
      The best solution would be that the original author retains the copyright, but only LICENSES the work to publishers and others to sell and distribute for profit.

      That is in fact how it usually operates now, at least for books. (In "works for hire" the copyright belongs to the company that commissioned it.)

      The usual author's contract gives the publisher rights to exclusively publish a work (say in a specific country). The author may retain foreign, paperback, movie rights and sell them separately. There are various termination clauses, including one that the rights revert to the author after it has been out of print for a specified peiod (often one year).

  55. Why does industry get something for free? by Bert+Altenburg · · Score: 1

    I think it is ok that Disney gets to keep its cartoon characters etc. for as long as it exists. But why do they have to get that right for free? Why are laws written to keep their rights eternal, when at the same time stuff (including things that have nothing to do with their material) are kept out of the public domain as well, as a result of their desire?

    Wanna keep a copyright after 25 years after the creator died? Pay for it! I'm a patent attorney, and take my word for it that intellectual property laws are there for society as a whole, not for privileging few. If the latter is the case, I call it abuse.

    Bert

    --
    PC manufacturers are guilty of perpetuating monopoly abuse by M$ until they include a partition with Linux pre-installed
  56. 1984 again.. by q2a · · Score: 1

    This Big Brother stuff is really getting upsetting.

    Shutting down the Public Domain in the United Stated is one thing but the global elimination of the Public Domain is another thing entirely.
    Can the resistance stay alive?

    Remember, in the early 1980s, the movie industry fought a fierce legal battle to block the sale of video-cassette recorders, claiming they would promote piracy. Finally, in 1984, the US Supreme Court denied that claim, ensuring the sales of recorded movies, a business that now generates far more revenues for the entertainment industry than theatrical distribution.

    Oceania has always been at war with Eurasia.
  57. Copyright terms should be getting shorter by Ogerman · · Score: 2, Insightful

    Originally, the copyright term in the US was 14 years. If your work was successful and you therefore felt it was worthwhile, you could extend that term by another 14 years if you applied for it. This was in the days before modern printing technology, advertisement, and mass transportation, let alone the Internet! So if you wrote a book or recorded a phonograph, it took awhile for enough copies to be manufactured and shipped across the country. Without modern communication and advertisement, it took even longer to achieve enough popularity to sell significant volume. And yet authors survived just fine.

    Today, we live in a world where near-instant capitalization is possible. A popular writer can sell millions of copies in the first week of a book's release. An unknown writer of exceptional quality can become well known in a few months. Similar scenarios exist with all other forms of media. A typical hollywood blockbuster makes several hundred percent profit in a theatrical release cycle alone. As a result, most of the capitalization occurs within a few years of a work's publishing and then quickly tapers off to a relatively insignificant level.

    So the question becomes: Why are copyright terms getting longer and not shorter? The vast majority of the incentive to produce occurs in the first couple years of release. After that period, one must reasonably weigh the pros and cons of allowing that term to continue. Because copyright law is a social compromise, it must be judged by its value to society as a whole. Does allowing a term to continue into years of greatly diminished sales give enough extra incentive to authors to outweigh the costs to society of the work not entering the public domain?

    There are many possible factors to consider. On one hand, very prolific authors can retire earlier on the combined trickle income from the remnant sales of numerous old works. This could be seen as an added incentive to become an author. However, at the same time, it is an incentive to stop producing earlier! On one hand, a longer term allows for certain works to go through several revisions by the original authors. But at the same time, there is no longer an incentive for others to produce derivative works of what would have been public domain material! Disney is, of course, the most classic case.. They make big money on reworking the public domain but then don't want their derivatives to ever go public domain again!

    Perhaps one of the largest factors is simply the shortage of modern public domain material. Besides removing the incentive to innovate on old material, this shortage creates a gap of cultural heritage. Consider music: when people go looking for music, they generally support the artists that are currently in style and/or innovative. Most are unwilling to pay for old music, not just because it is less popular, but because they can't afford both. (and after all, why would you "support" someone who's already dead?) And yet there has been a recent resurgence in the popularity of "oldies" music in youth. It is now common to hear parents saying things like, "Hey, I didn't know you kids actually listened to that stuff! That's older than I am!" Casual investigation reveals that unauthorized P2P swapping has largely replaced the functionality that public domain was intended to serve!

    By and large, there is great need for copyright length reform. What was once intended to create vibrant culture of quality, public information has become a system that often chokes innovation and rewards greed and slothfulness. Copyright is a good social institution, but its implementation has been greatly corrupted. It is high time for citizens to petition their lawmakers bring reason, fairness, and the public good back into the picture.

    This post is public domain. Do with it as you please.

    1. Re:Copyright terms should be getting shorter by landrocker · · Score: 1

      0rigin4lly, 7h3 c0pyrigh7 7erm in 7h3 US w4s 14 ye4rs. If y0ur w0rk w4s successful 4nd y0u 7h3ref0re fel7 i7 w4s w0r7hwhile, y0u c0uld ex7end 7h47 7erm by 4n07h3r 14 ye4rs if y0u 4pplied f0r i7. 7his w4s in 7h3 d4ys bef0re m0dern prin7ing 7echn0l0gy, 4dver7isemen7, 4nd m4ss 7r4nsp0r747i0n, le7 4l0ne 7h3 In7erne7! S0 if y0u wr07e 4 b00k 0r rec0rded 4 ph0n0gr4ph, i7 700k 4while f0r en0ugh c0pies 70 be m4nuf4c7ured 4nd shipped 4cr0ss 7h3 c0un7ry. Wi7h0u7 m0dern c0mmunic47i0n 4nd 4dver7isemen7, i7 700k even l0nger 70 4chieve en0ugh p0pul4ri7y 70 sell signific4n7 v0lume. 4nd ye7 4u7h0rs survived jus7 fine.

      70d4y, we live in 4 w0rld where ne4r-ins74n7 c4pi74liz47i0n is p0ssible. 4 p0pul4r wri7er c4n sell milli0ns 0f c0pies in 7h3 firs7 week 0f 4 b00k's rele4se. 4n unkn0wn wri7er 0f excep7i0n4l qu4li7y c4n bec0me well kn0wn in 4 few m0n7hs. Simil4r scen4ri0s exis7 wi7h 4ll 07h3r f0rms 0f medi4. 4 7ypic4l h0llyw00d bl0ckbus7er m4kes sever4l hundred percen7 pr0fi7 in 4 7h347ric4l rele4se cycle 4l0ne. 4s 4 resul7, m0s7 0f 7h3 c4pi74liz47i0n 0ccurs wi7hin 4 few ye4rs 0f 4 w0rk's publishing 4nd 7h3n quickly 74pers 0ff 70 4 rel47ively insignific4n7 level.

      S0 7h3 ques7i0n bec0mes: Why 4re c0pyrigh7 7erms ge77ing l0nger 4nd n07 sh0r7er? 7h3 v4s7 m4j0ri7y 0f 7h3 incen7ive 70 pr0duce 0ccurs in 7h3 firs7 c0uple ye4rs 0f rele4se. 4f7er 7h47 peri0d, 0ne mus7 re4s0n4bly weigh 7h3 pr0s 4nd c0ns 0f 4ll0wing 7h47 7erm 70 c0n7inue. Bec4use c0pyrigh7 l4w is 4 s0ci4l c0mpr0mise, i7 mus7 be judged by i7s v4lue 70 s0cie7y 4s 4 wh0le. D0es 4ll0wing 4 7erm 70 c0n7inue in70 ye4rs 0f gre47ly diminished s4les give en0ugh ex7r4 incen7ive 70 4u7h0rs 70 0u7weigh 7h3 c0s7s 70 s0cie7y 0f 7h3 w0rk n07 en7ering 7h3 public d0m4in?

      7h3re 4re m4ny p0ssible f4c70rs 70 c0nsider. 0n 0ne h4nd, very pr0lific 4u7h0rs c4n re7ire e4rlier 0n 7h3 c0mbined 7rickle inc0me fr0m 7h3 remn4n7 s4les 0f numer0us 0ld w0rks. 7his c0uld be seen 4s 4n 4dded incen7ive 70 bec0me 4n 4u7h0r. H0wever, 47 7h3 s4me 7ime, i7 is 4n incen7ive 70 s70p pr0ducing e4rlier! 0n 0ne h4nd, 4 l0nger 7erm 4ll0ws f0r cer74in w0rks 70 g0 7hr0ugh sever4l revisi0ns by 7h3 0rigin4l 4u7h0rs. Bu7 47 7h3 s4me 7ime, 7h3re is n0 l0nger 4n incen7ive f0r 07h3rs 70 pr0duce deriv47ive w0rks 0f wh47 w0uld h4ve been public d0m4in m47eri4l! Disney is, 0f c0urse, 7h3 m0s7 cl4ssic c4se.. 7h3y m4ke big m0ney 0n rew0rking 7h3 public d0m4in bu7 7h3n d0n'7 w4n7 7h3ir deriv47ives 70 ever g0 public d0m4in 4g4in!

      Perh4ps 0ne 0f 7h3 l4rges7 f4c70rs is simply 7h3 sh0r74ge 0f m0dern public d0m4in m47eri4l. Besides rem0ving 7h3 incen7ive 70 inn0v47e 0n 0ld m47eri4l, 7his sh0r74ge cre47es 4 g4p 0f cul7ur4l heri74ge. C0nsider music: when pe0ple g0 l00king f0r music, 7h3y gener4lly supp0r7 7h3 4r7is7s 7h47 4re curren7ly in s7yle 4nd/0r inn0v47ive. M0s7 4re unwilling 70 p4y f0r 0ld music, n07 jus7 bec4use i7 is less p0pul4r, bu7 bec4use 7h3y c4n'7 4ff0rd b07h. (4nd 4f7er 4ll, why w0uld y0u "supp0r7" s0me0ne wh0's 4lre4dy de4d?) 4nd ye7 7h3re h4s been 4 recen7 resurgence in 7h3 p0pul4ri7y 0f "0ldies" music in y0u7h. I7 is n0w c0mm0n 70 he4r p4ren7s s4ying 7hings like, "Hey, I didn'7 kn0w y0u kids 4c7u4lly lis7ened 70 7h47 s7uff! 7h47's 0lder 7h4n I 4m!" C4su4l inves7ig47i0n reve4ls 7h47 un4u7h0rized P2P sw4pping h4s l4rgely repl4ced 7h3 func7i0n4li7y 7h47 public d0m4in w4s in7ended 70 serve!

      By 4nd l4rge, 7h3re is gre47 need f0r c0pyrigh7 leng7h ref0rm. Wh47 w4s 0nce in7ended 70 cre47e vibr4n7 cul7ure 0f qu4li7y, public inf0rm47i0n h4s bec0me 4 sys7em 7h47 0f7en ch0kes inn0v47i0n 4nd rew4rds greed 4nd sl07hfulness. C0pyrigh7 is 4 g00d s0ci4l ins7i7u7i0n, bu7 i7s implemen747i0n h4s been gre47ly c0rrup7ed. I7 is high 7ime f0r ci7izens 70 pe7i7i0n 7h3ir l4wm4kers bring re4s0n, f4irness, 4nd 7h3 public g00d b4ck in70 7h3 pic7ure.

      This deritive work is copyright(c) 2003, I will retain the rights to this work for nearly double my life expectancy. This copyright message is protected by patent 255235-2356988293XS. Muhahaha

  58. FUD: Read sections 3.1.4 & 3.1.5 by Anonymous Coward · · Score: 0

    I read the entire paper, the initial economic arguments are well presented. But supposed lack of consumer demand/price paid for public domain works in section 3.1.4 & 3.1.5 is completely speculative and one-sided.

    They "convieniently" forget to mention the sale of such minor public domains products as the Bible, Koran (which people pay for premium bound editions). Or almost the entire field of classical music. What about how many other modern copyrighted books and films have lifted classic literature and children tales from the public domain(hmm....Disney).

    What about all the paintings that are reproduced endlessly to grace our walls. I'm sure this is one area where public domain matches or exceeds demand for copyrighted works.

    Despite the claims of the MPAA and RIAA...do they really budget on having so much time to earn money on their investment? Obviously, when copyright terms were shorter in the 20's-40's it didn't stop anybody from recording music or producing movies? (some would even argue it was the golden age of movies).

  59. US Imports by aussieaussieaussie · · Score: 1

    I hope the free trade agreement with the US falls on it's face.

    There are so many reasons not to be involved including:

    - The 'close' relationship with Dubya and his cohorts.
    - What ever other nods and winks Howard and his buddys get out of the deal that we never hear about.
    - Guantanamo Bay. The worst example of Human rights double standards in the world currently (and we can't talk with our refugee policy)
    - IP/Copyright law
    - Pharm. Benefits Scheme
    - Isolation from Asia

    It's a shame but its a lousy time to do business with the US. I and my friends are looking to Europe (and hoping for a new party in power in Australia).

  60. Balanced? - did you really read it? by Wolfbone · · Score: 1
    "Determining whether the positive aspects outweigh the negative aspects, or vice versa, is a very complex task. Unfortunately, as the Organisation for Economic Co-operation and Development (OECD) acknowledges, quantification of the associated costs and benefits is all but impossible..."

    So then they go on and claim that they have effectively solved this all but impossible task. And how do they achieve this miracle you may well ask? Simple! They construct their 'analysis' with distortions, non sequiturs, solecism and downright lies:

    "No commentator denies that longer copyright extension increases incentives; what is in dispute is the degree to which incentives increase."

    Downright Lie. Linked below is Macaulay's 162 year old demolition of this particularly loathsome deception and the idea that no commentator denies the lies is absurd.

    "...that many copyright creators do not make decisions using purely `rational' criteria. The field of `behavioural economics' (a multi- disciplinary field involving psychology and economics) suggests a number of inter-related reasons why the pure critique of the incentive theory advanced by economists may be limited -- that copyright extends for such a long period may reduce the perception of risk associated with creation of copyright works, and provide greater confidence to creators when undertaking their endeavours. Additionally, the `bequest motive', whereby people undertake certain actions to benefit their descendents rather than themselves, also may explain why an extra 20 years fifty years after death may still provide extra motivation to create new copyright works..."

    Distortion. The studies referred to are almost certainly those which found financial rewards to be the least significant of the incentives reported by creators as the motivation for their creative work.

    "that existing incentives may actually be falling, and that it may be necessary to extend the copyright term just to maintain them. In possibly the major theoretical contribution to the economic analysis of copyright,9 Landes and Posner suggest that as the cost of copying declines copyright protection should expand. Thus, in 1989 they noted that: "The current length of a copyright is the author's lifetime plus fifty years. This reflects a long trend toward lengthening the term of copyright ... This trend is consistent with the fact that the cost of copying has fallen over this period".10 Recent developments associated with digitisation and distribution over the Internet have dramatically reduced copying and distribution costs for many works and so there may be a case for a corresponding increase in the copyright term to preserve incentives."

    Non sequitur as any halfwit can see - in fact it contains a double non sequitur and you don't see those very often.

    I could go on but there's another 50 pages of this drivel and I feel a little sick already. I will have to counter the ill effects of contaminating my mind with this sewage by re-reading Macaulay's words on the subject.

    1. Re:Balanced? - did you really read it? by Anonymous Coward · · Score: 0

      Australia runs a huge IP trade deficit - so what are these benefits?

      The remaining drug and chemical companies are already bugging out, so IP is not creating jobs here either (lawyers excempted).

      The real fight will be with China. Does that mean Chinese imports to Australia will be banned because some some American makes a dubious claim ? They can try, but it won't work.

      Copyright terms should figure in population growth - as we grew from 15 mil to 20 million, the market is 25% bigger, so terms should be shortened 25%.

      And they still think its legally justifiable to ration AID's pills or means of production, to those who cannot afford them. Jimbo, can see the benefit in an early and unmedicated death, because he's doing his bit to support IP, and make the word a better place to live. Longer IP = more deaths. For some, it is not a mickey mouse issue.

  61. copyright maintainance fee by YouHaveSnail · · Score: 1

    Someone suggested that copyright holders ought to be responsible for maintaining a copy of the work in question, pay storage fees for the Library of Congress (in the US, obviously), etc.

    I think you could take that one step further and simply charge an annual copyright maintainance fee which should increase exponentially with the age of the copyright. Any entity could hold a copyright for as long as it wants, so long as they continue to pay the annual fee. A reasonable formula might be:

    fee = $(1.18)^(years since first publication)

    So in the 25th year of copyright, the copyright owner would pay a mere $62.67. By year 50, he'd pay $3927.35. In year 100, he'd pay $15.4 million. You could pre-pay the first 10 or 20 years just to reduce your paper work if you wanted, and the first x years of the fee could be waived for a work's creator if he could show that it would cause financial hardship. The idea would be to make it cheap and easy for people to hold copyrights for a while, and to strongly encourage copyright holders to place their work in the public domain after a reasonable period.

    The same would work for patents, but I'd increase the base value to 2.5 or so.

  62. Re:If 50 years isn't enough time to make a profit. by nmos · · Score: 1

    My guess is that they think that the more good free movies are out there the less their copyrighted stuff will be worth. They probably feel that ANYTHING that makes them more money is good for the public because it gives them the capital to create more new movies.

  63. I concur, and yes, I'm small "L" liberal by Quizo69 · · Score: 1

    I've had a few replies already, so bear with me as I try top respond to them all.

    The reason I have asked for server space is so that I can give you my views on the other major issues. Rest assured I have them :)

    One of the issues I intend to cover is just what you say - the inability of the smaller parties to have any effect in parliament.

    Thanks for the comments, and watch this space.

    Quizo69

  64. You are correct by Quizo69 · · Score: 1

    Thanks for your comment and you raise a great point - whilst I am trying to set up a political party that represents our broad interests, I should also acknowledge that if people would rather someone else to get elected, I will stand by that. After all, what I am trying to achieve is the election of someone who will truly understand and represent what I consider to be important issues. If I can do that (and I believe I can obviously or I would not put myself up for it) then well and good, but if along the way someone better comes along - great! Elect that person instead. That is the fundamental way politics is supposed to run.

    I'm from NSW so a Victorian candidate would be wonderful. The more people willing to go for it the better.

    I'll post more as I start to coalesce the plan.

    Regards,

    Quizo69

  65. Who should I contact? by draelith · · Score: 1

    Anyone know who would be an appropriate person to contact about this issue (i.e. which members of parliament). I don't know that much about the politics of Australia, but I would like to try to talk someone out of doing this pointless thing. Thanks.

    1. Re:Who should I contact? by Anonymous Coward · · Score: 0

      Probably the Prime Minister, John Howard. Being the switched on, in touch with the electorate kind of guy he is, he doesn't have an email address ('cause he might catch something from his constituency if he has anything to do with them??)

  66. Of course it's in someone's interest by Zog+The+Undeniable · · Score: 1

    Disney, Yoko Ono...and many other worthy causes

    --
    When I am king, you will be first against the wall.
  67. My proper email address by Quizo69 · · Score: 1

    Not sure who modded this as a troll, I can assure you all this is nothing of the sort. I've already had plenty of replies to my hotmail address, so I've set up a new email address to take the load off my hotmail one. It is:

    politics@leeming_NOSPAM_designs com

    Please send emails to this address please. I've already had a tentative offer of server support (thanks), but please keep them coming if you feel you can contribute in any way.

    Once I get some space that isn't going to melt under a potential Slashdotting, I'll post a proper site full of information on my ideas, plans etc. Stay tuned...

    Quizo69

  68. could someone... by Kynde · · Score: 1

    ... explain why it should ever exceed the life in the first place?

    I mean, one good reason beyond wealth inheritance.

    --
    1 Earth is warming, 2 It's us, 3 it's royally bad, 4 we need to take action NOW
    1. Re:could someone... by TheLink · · Score: 1

      So that various people don't get way too enthusiastic about an author's death?

      --
    2. Re:could someone... by Kynde · · Score: 1

      Thanks, that's it.

      --
      1 Earth is warming, 2 It's us, 3 it's royally bad, 4 we need to take action NOW
    3. Re:could someone... by praedor · · Score: 1

      Rather than making if based on physical lifespan, make it based on average normal lifespan and make it a flat 75 years OR physical lifespan up to 100 (and no longer, to ensure no shenanigans via molecular biological life extension at some future point). Dump the +70 (or 50) nonsense. Once your dead, your dead and any and all right to the stuff goes free when you are no longer capable of controlling it.

      --
      In Bushworld, they struggle to keep church and state separate in Iraq as they increasingly merge the two in America.
    4. Re:could someone... by TheLink · · Score: 1

      Yah. But a fixed short term not related to the author's lifespan would be better.

      --
  69. Get over the sherrif thing! by donscarletti · · Score: 1
    OK, why can't every one shut up about the sheriff thing. That is by no means the Australian attitude, nor is it even Bush's attitude. Bush simply meant to say that he does not consider Australia to be inferior to the US, he just messed it up in the delivery like he allways does.

    Bush just missunderestimated (sic) the impact that would have on Australia's neighbours. If leaders reacted in the same way every time bush said something stupid then we would have worldwide chaos.

    Most people all around the world know that Bush is an idiot yet many of them still take it personally when Bush says something dumb, that to me is a mark of immaturity.

    But getting back to the topic, this is not about patents. This issue is about copyright, a different principle entirely. I am however still going to write to my local member in Canberra about it, and you can write to your member in Canberra too after we put on our six shooter and sherrif star and annex your pitiful country.

    --
    When Argumentum ad Hominem falls short, try Argumentum ad Matrem
    1. Re:Get over the sherrif thing! by TheLink · · Score: 1

      Oh sure, we know Bush is an idiot.

      But the US still has him in charge.

      So you're suggesting Iraq shouldn't "take it personally" when Bush does something stupid or says something dumb? Uh-huh.

      So the rest of the world isn't supposed to say anything about the leader of a very very powerful nation supposedly just because he's an idiot?

      Now that's dumb.

      I'd recommend that the southern-most state of the US should declare its independence ASAP, before it's too late for you aussies.

      --
  70. Ilegality... by Kindaian · · Score: 1

    It is illegal to change the copyright of ALREADY published works.

    Check contractual law for details and see if one part can unilaterally change the terms of the contract...

    1. Re:Ilegality... by DHam · · Score: 1

      Quoth Kindaian:

      It is illegal to change the copyright of ALREADY published works. Check contractual law for details and see if one part can unilaterally change the terms of the contract...

      That is utter rubbish. Copyright is a statutory scheme. Copyright is not a contract between anyone. When people talk about contractual theories of copyright they are talking about justifications of copyright law based on an exchange: copyright protection in return for the author going to the effort of producing the work. This does not mean that as a matter of law copyright is a contract.

      Since copyright is a statutory scheme, the parliament can change it by passing a law.

      Incidentally, before some clueless Yank steps in and starts talking about "limited times". The Australian parliament's copyright power is set out in s51.(xviii.) of the constitution:

      51.The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to: - ... (xviii.) Copyrights, patents of inventions and designs, and trade marks:
      Restrictions on the length of copyright that the parliament can legislate for are conspicuous by their absence. Not that "limited times" seems to mean much in the US anyway.
  71. My two pence by ajs318 · · Score: 2, Insightful

    This is the time to ask for a shortening of copyright terms. Life is too long already. What use do dead people have for royalties? Also, the original intention of copyright was to encourage the creation of works which would eventually enter the public domain. This needs to be borne in mind in any discussion. Oft has it been said that "my ideas are my babies": well, babies have this tendency to grow up and develop an existence independent of their parents.

    Here's what I would do if I was drafting a brand new copyright law:

    Default term of copyright

    Copyright should run for five years after the receipt of the first royalty payment, or five years after publication if no royalties are ever paid. If you can't make any money out of it in five years, then face it - you're probably never going to.

    Extension to five year term

    Extensions would be granted by court order and charged at five times the national median annual wage for the first six months, doubling the multiplying factor and recalculating the median wage for each additional six months thereafter. The onus would be upon the copyright holder to demonstrate why the work should not enter the public domain immediately.

    Prevention of abuse of copy-prevention measures

    If any technological measures are used to prevent unauthorised copying, then at least one unencumbered copy must be placed in escrow with the national library or a similar organisation in order that the work should be able to enter the public domain upon expiry of copyright. Failure to provide such an unencumbered copy would be grounds for termination of copyright. In such event, any penalty for attempting to circumvent copy-prevention would not be applicable in the case of such a work: it is in the public domain and the public has a statutory right to access it, using reasonable force if necessary. That the techniques used might be {illegally but successfully} applicable against other copy-prevented works should serve as a strong disincentive against "snake oil" merchants.

    And finally, the bit I think is really the most important: Protection of works in the Public Domain.

    Once a work has entered the public domain, whether by the expiration of copyright, by consent of the copyright holder or by court order, it would be legally protected against any attempt to re-copyright it. Exactly the same provision would be made for the fair use of PD material in copyright works as for the fair use of copyright material, except that nobody would be entitled to grant permission over and above what constitutes fair use.

    It's harsh, but so was the Thirteenth Amendment. We moved out of the age of muscle power and into the age of engine power; thanks to James Watt, there was no longer any even remotely legitimate reason to allow people to be kept as slaves. Now we have moved out of the Age of Scarcity and into the Age of Plenty, and the law needs to change to recognise that -- not to create artificial scarcity.

    --
    Je fume. Tu fumes. Nous fûmes!
  72. the reasons for this by jonwil · · Score: 1

    There are several basic reasons why they want such long copyright terms:
    1.without long copyright terms, a lot more "current" stuff comes out of copyright sooner (and therefore there is less incentive to go see the latest blockbuster or buy the latest hit game or whatever because they can get the older stuff for free AND do it legally)

    2.if it falls out of copyright sooner, the right to make "derived works" (for example, yet another sequal for or even just joe random movie that happens to use the same characters)

    and 3.if it falls out of copyright sooner, people could edit it (i.e. creating a derived work or mabie just a new work that used copyrighted ideas from the old one) in ways that make the studio, the origonal creator, the characters etc look bad.
    For example, if the origonal Mickey Mouse cartoons came out of copyright, someone could make "mickey the porn star" and get away with it (since disney no longer has the copyright)

    1. Re:the reasons for this by Anthony · · Score: 1

      For example, if the origonal Mickey Mouse cartoons came out of copyright, someone could make"mickey the porn star" and get away with it (since disney no longer has the copyright)

      And wouldn't that be ironic as Disney's animations have plundered and distorted many public domain tales and stories.

      --
      Slashdot: Where nerds gather to pool their ignorance
  73. Something I would like to see by jonwil · · Score: 1

    I would like to see "Compulsory licensing" for copyrighted works.

    i.e. if I want a particular copyrighted work (e.g. a song), the copyright holder must make it available in a usable form. (obviously a fee can be charged for this)

    For example, songs must be on casette tapes or CDs or something.
    Movies on VHS or DVD.
    TV shows on VHS or DVD or something.
    Books would be made available either as hard-copy books or as electronic books.

    Software would be tricky (for example, what happens if someone makes a request for an old arcade game that has copy protection involved. (e.g. if someone wanted a copy of Turbo Outrun which is encrypted).

  74. Pooh by pommiekiwifruit · · Score: 2, Informative
    IIRC it is the descendants of the agent (Slesinger) of the creator (A.A. Milne) that are suing, and the descendants of the creator are on Disney's side.

    It's partly about whether US video game royalties were included in the agent's contract (Pooh stories were written decades before video games were invented).

    I'm not a great fan of the heriditary system anyway - why should you inherit your ancestors book characters (copyright), or wealth (death taxes help) or Presidency/PM (USA, India)? Get a job yourself! My Uncle bought my Grandad's farm off him, which is fair.

    1. Re:Pooh by ivan256 · · Score: 1

      why should you inherit your ancestors...wealth (death taxes help)

      If that's really what you think, then why should anybody get it? The government or community are not necicarily more worthy than somebodies decendants. Get yourself a job and stop benefiting from somebody elses work that was taken as tax revenue when he/she died.

      Hypocrite.

      Now, to answer your question and fill you in on what is probably tuning out to be a hollow and unfulfilling life for you: The reason that your decendants should be recieve the benefits of your labor is that most people don't work for the benifit of themselves alone, but for the enrichment of their lives and the lives of their loved ones. There is an easy out in the law for people this is untrue for: You can leave your material possesions to the state in your will.

    2. Re:Pooh by pommiekiwifruit · · Score: 1
      why should anybody get it?

      The land doesn't just disappear just because someone dies. Death taxes mean it is split between the community and the descendants, and encourages the descendants to not just sit on their ass if they want to keep a high standard of living.

      The government or community are not necicarily more worthy than somebodies decendants

      They should get jobs like anybody else who is able. I merely don't see why someone (even if he is a nice guy) should have extreme wealth and power just because his great great great great grandfather was a pimp for the King.

      And unlike the corporate welfarists who cheat their employees and the country to get their vast assets while running their companies into the ground, I have a proper job (slashdot postings aside) but see some things as better dealt with on the national or even supernational level rather than on the individual level.

  75. Waltzing Mathilda by pommiekiwifruit · · Score: 1

    Is sung to a Scottish folk tune IIRC. But the words are Aussie (Banjo Patterson).

  76. Re:If 50 years isn't enough time to make a profit. by mpe · · Score: 1

    I was not arguing for a socialist model at all, merely a reasonable appraisal that if a project is not going to make sufficient profit to justify its going ahead within 50 years, it is highly unlikely to generate that extra money in the final 20 years.

    In how many cases is the possibility of a 50-70 year long monopoly going to be at all relevent. Even contracts for managment of buildings rarely last that long. A company renting office space or charging bridge tolls has a reasonable chance of continuing income. Typically movies make the majority of the money they are ever going to make within the first few years.

  77. Copyright should be taxed by Anonymous Coward · · Score: 0

    I own a small house and pay property taxes.

    RIAA, Disney etc. claim to own $billions of Intellectual Property, but don't pay property taxes. How is this fair?

    The price for a long period of copyright should be a tax on companies' copyrighted "property".

  78. Copyright extension in Australia by yoder · · Score: 1

    Just when you thought people couldn't be any more maliciously greedy. It's becoming quite depressing reading Slashdot. I think I'll go hide in front of the TV and watch Gilligan's Island Marathons until all these "bad things" go away.

    --
    "In a time of universal deceit, telling the truth is a revolutionary act!" -- George Orwell (Eric Arthur Blair)
  79. Actually, I'm surprised this didn't happen before by CrystalFalcon · · Score: 1

    This time limit is in the Berne Convention, which was instituted in 1905. I'm surprised that Australia has taken 98 years to institute it into national law?

  80. The Real Thieves by TheLink · · Score: 1

    Some say that people are stealing from the Copyright owners, and proceed to brainwash the public with terms like Intellectual Property.

    But by extending copyrights and putting unreasonable terms and conditions, stuff is actually being stolen from the public.

    Things that should enter public domain, are being kept from it, in some countries indefinitely.

    If I take away someone's stuff against their will, even if I say I'm borrowing it temporarily, it can be considered stealing. Whereas if I copy someone's stuff, they aren't deprived of it. Sure some may indirectly be deprived of my money, but uh, it's my money.

    So who are the real thieves?

    --
  81. Who to contact and how... by aaaurgh · · Score: 1
    If you follow the Member of Parliament link the poster put in the article, you'll find numerous ways to identify your own representative e.g. the Australian Electoral Commission Federal Electoral Divisions Map, plus links to lead you to good ol' Johnny's home page, complete with an 'e-mail the P.M.' page.

    Now I've found that I'm gonna keep it really busy. Hell, let's introduce the P.M. to the slashdot effect!

    --

    Go permanent? In your dreams and my worst nightmares.
  82. Because of Winnie the Pooh. by Mad+Bad+Rabbit · · Score: 1

    Disney currently makes about $3 billion a year
    licensing Winnie the Pooh movies, books, toys,
    pajamas, breakfast cereals, etc.

    A. A. Milne died in 1956, so they /really/ need
    all the life+50 countries to please extend their
    copyright term to life+70 as soon as possible,
    so Pooh doesn't inadvertantly go public-domain.

    --
    >;k
  83. What did Spock find in the toilet? by jizzmaster0 · · Score: 0

    The Captain's Log!

    --
    It's not a lie, if you believe it.
  84. Wow! There ARE Hollywood movies in the PD? by JCCyC · · Score: 1

    And the RIAA hasn't been able to steal them back? Where can I get such a list? Is there a, hum, Lumiere Project in the mold of the Gutemberg Project?

  85. Re:Actually, I'm surprised this didn't happen befo by yerricde · · Score: 1

    This time limit is in the Berne Convention

    The Berne Convention specifies at least life plus 50, which Australia already has even without this proposed Bono Act.

    --
    Will I retire or break 10K?
  86. Who could afford to read? by Lucky_Norseman · · Score: 1

    If all who wanted to to read and all who wanted to write anything had to pay a license to the descendants of the inventors of the alphabet?

  87. YOU FAIL IT! by Anonymous Coward · · Score: 0

    Some slashbot already posted an actual mirror, and it's at +4, so no one will see your post, fool. As someone who's successfully gotten a mirror troll modded up before, let me tell you that YOU ARE A TOTAL FAILURE!

  88. So you're anti-IP? by Thinkit3 · · Score: 0

    Proclaim it. Whenever I do I get sent down to bad karma.

    --
    -Libertarian secular transhumanist
  89. Website is up by Quizo69 · · Score: 1

    I have finished the first draft of my website outlining the plan for building the political party needed to begin the process. Please be gentle with the server, it's the personal space I am allocated by my ISP:

    http://www.users.on.net/grypen/politics/

    Any and all mirrors are gratefully accepted, please list them under this post.

    Quizo69

  90. Arguments why it's justified by urheber · · Score: 1

    I want to toss this out there, because there's not much being said about why it might be a good idea for Australia to increase the term to life +70. Here's what Australian copyright owners would say: One of the reasons for increasing the term of protection to life +70 is to impove Australia's competitiveness overseas. Under international copyright, Australian works are protected in the US and Europe, but only for life +50 years, while US and European works are protected for life +70. As a result of the shorter terms, Australian works on the whole are less economically valuable than US and European works (putting Australian copyright owners at a competitive disadvantage). I suspect that the life +70 rationale is to bulk up the competitive strength of Australian works. Also, there are economic benefits to increasing the term of protection. In the US, the copyright economy makes up about 5% of GDP, or about half a trillion dollars. That money doesn't just sit in a bank vault, rolled up in stacks of gold coins, but means jobs, paychecks, tax revenues. With an increased term, copyrighted works can be rented, sold, licensed for a longer life, and will have more economic value, thus adding to things like jobs, paychecks, and tax revenues.