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The Tyranny of Copyright?

Pinky3 writes "The Sunday New York Times Magazine has a long article entitled The Tyranny of Copyright? Views of both supporters of CopyLeft (Lessig and Zittrain) and Copyright (Ginsberg and Goldstein) are laid out. The article constrasts the cultural commons to the 'permission culture" and covers the unintended consequences of various US laws passed long ago." Dear NYT editors: "Copy Left" really shouldn't have a space in it. Thanks.

80 of 410 comments (clear)

  1. Please state the registration requirement in blurb by Anonymous Coward · · Score: 2, Informative

    If you have some moral compunction against using an affiliate link, please have the decency to inform unwitting readers that they won't get any closer to the actual article by clicking on the provided link than they would by leaving Slashdot, going to news.google.com, searching for and executing the link there.

  2. Re:Where is everybody? by wwwillem · · Score: 3, Funny

    That's because this is a NYT article. Please give everyone 30 minutes to complete their registration form.

    But then you assume /.-ers are reading the articles before posting. I don't think so...... :)

    --
    Browsers shouldn't have a back button!! It's all about going forward...
  3. CopyLEFT says... by Hawkxor · · Score: 4, Funny

    CopyLEFT says: We're going to Maine! and Pennsylvania! and Arkansas! and Ohio! and Michigan! and New Hampshire! aieeeeeaaaaaaaa!!!!!

    CopyRIGHT says: duh...We have strategerie ha ha ha

    CopyLEFT says: You might think you know where the lockbox is, and maybe you do. Or maybe that's a dummy, or a decoy lockbox. Only me and Tipper and the Secretary of Defense will know for sure.

  4. corrections by DeadSea · · Score: 3, Funny
    Dear NYT editors: "Copy Left" really shouldn't have a space in it. Thanks.
    Are slashdot editors really qualified to make such a request?

    Although I think that number of spelling mistakes and duplicate articles has gone down in the last six months. Maybe all the subscribers are keeping a close watch and getting stuff changed before it is widely seen.

    1. Re:corrections by Jameth · · Score: 5, Insightful

      Were not NYT writers and editors the imbeciles responsible for irreparably damaging the English language by convincing millions of people that a comma was not needed before the and in a series?

      Seeing as Slashdot has kepts its errors rather internal, rather than damaging most of humanity, I'd say they can comment just fine.

  5. copy left by Anonymous Coward · · Score: 5, Funny

    they actually took the term "copyleft" and modified it, be thankful that they are re-distributing their "copy left" spaced variation for the benefit of the community.

  6. This should be a new definition of irony... by RobertFisher · · Score: 5, Funny
    This should be a new definition of irony...


    "Dear NYT editors: 'Copy Left' really shouldn't have a space in it. Thanks."

    /. editors telling the editors of the NYT how to do their job...

    --
    Science, like Nature, must also be tamed, with a view turned towards its preservation.
  7. "the Copy Left" by Corgha · · Score: 4, Insightful

    They have a space in there because they are not talking about "copyleft" as in licensing, but rather "the Copy Left" as in "the Left" as in the political category.

    I'm not sure that it's accurate to lump everyone who's opposed to the current copyright schemes together as "leftists," which seems to be the implication. Indeed, one would think that a return to a 14 + 14 "founder's copyright" would be not so much radical as reactionary.

    1. Re:"the Copy Left" by Frater+219 · · Score: 4, Insightful
      I'm not sure that it's accurate to lump everyone who's opposed to the current copyright schemes together as "leftists," which seems to be the implication. Indeed, one would think that a return to a 14 + 14 "founder's copyright" would be not so much radical as reactionary.

      Indeed, there's a right-anarchist argument that, unlike private property, copyright is nothing but a government-created monopoly. (Of course, there's also a left-anarchist argument that private property is a government-created monopoly too, but I'm not so sure -- territory is a pretty fundamental idea for a lot of species that don't have governments or copyright.)

      I don't think the argument extends, though, to one of the other disparate bits of law that's lumped into the nonsense rubric of "intellectual property" -- trademark. A trademark, like a person's signature, isn't property so much as it is a kind of statement about the trademarked goods: "This luncheon meat was made by the Hormel company," "This document was signed by John Hancock." Falsely applying someone else's trademark to the goods you sell is like forging their signature on an IOU: it's not a property violation against the person whose sigil you forge, but rather a fraud against your customer, or whomever you're passing the IOU to.

      (Yes, "right-anarchist" is another word for the American use of "libertarian", and "left-anarchist" for the European "libertarian socialist" or the American "anarchist".)

    2. Re:"the Copy Left" by TKinias · · Score: 4, Informative

      scripsit Frater 219:

      Indeed, there's a right-anarchist argument that, unlike private property, copyright is nothing but a government-created monopoly. (Of course, there's also a left-anarchist argument that private property is a government-created monopoly too, but I'm not so sure -- territory is a pretty fundamental idea for a lot of species that don't have governments or copyright.)

      Actually, the idea that private property is a government-created monopoly is not just an anarchist idea. Without taking a stand on whether it is a good thing or not, it is pretty clearly something that doesn't exist without state enforcement. It's important to distinguish ``property'' in the sense of ``my stuff'' from ``property'' in the sense of something that remains mine whether or not it's in my actual possession or use, and which I can have legal recourse to regain if I lose. The latter is what is provided by the state, not the former. (Many versions of socialist thought, BTW, make this distinction, too. Your house, your computer, your trousers are yours, it's just things like factories and farmland you don't farm yourself that you can't own.)

      These ideas are also based on the idea that property is primarily land. In order to have claim to land that you're not actually using (for example, holding for speculation or renting to tenants), you have to have a state to enforce it -- or you have to have a private army in an anarchic situation. This is what Hobbes was referring to in his famous ``nasty, brutish, and short'' quote: without a state you would never get anything done, because you would have to waste all your effort employing violence to keep hold of your goods and land.

      What you're calling ``left anarchists'' would hold that the state enforcement required to keep hold of property that is being rented by others (or simply in disuse) is oppressive. The idea is that if you're not actually using it, you don't really need it, and you're only using the state to squeeze wealth out of the people who really do need it.

      --
      In principio creauit Linus Linucem.
  8. Good to see this in the mainstream press by jimicus · · Score: 5, Interesting
    The article encapsulates many of the major issues affecting free software today. Best of all, it's written in a reasonably sensible, intelligent fashion (rather than "these copyleft commies are going to take over the world!" which SCO would like us to believe).

    Hopefully this indicates that the media is starting to understand that there can be another way. Free software and truly open standards will never become widely adopted while the mainstream view is "how can anything with little or no copyright restrictions be any good?"

    1. Re:Good to see this in the mainstream press by Apreche · · Score: 5, Insightful

      This reminds me of computer crime class a couple weeks ago. We were discussing different communities, and one of them was the open source community. One significantly older graduate student said this.

      "Why would you give away your work for free?"

      She was completely dumbfounded. The problem is that the older generations still have the protestant work ethic. In our generation the protestant work ethic has died. People are willing to actually do some amount of work for the greater good of society. After we meet our needs by doing "real" work, we are willing to do things that are both productive and fun for the good of others. This has not happened often in history because usually leisure activities are not productive. The rise of geekdom has created the furst truly productive leisure activity, writing software. And since it doesn't cost anything to make, we give it away for free with little or no copyright. This new way of thinking completely dumbfounds anyone who is used to it the other way.

      --
      The GeekNights podcast is going strong. Listen!
    2. Re:Good to see this in the mainstream press by be-fan · · Score: 5, Interesting

      That's hardly the case. There is a great tradition of people doing things for the benefit of mankind in their freetime. John Locke, for example, didn't really have an occupation as such --- he was a student of the church, but never became a cleric, he studied (and practiced, for awhile) medicine, but never got a medical degree, etc. His main profession seemed to have been being a friend of Lord Shaftesbury, which gave him an influential position and little real work to occupy him, save his writing.

      --
      A deep unwavering belief is a sure sign you're missing something...
    3. Re:Good to see this in the mainstream press by Jameth · · Score: 3, Interesting

      More specifically, it created the first COST FREE productive leisure activities.

      The costs of computer hardware and software are already absorbed, as they are neccessary for other portions of geek life, so it is essentially cost free.

      And, this is what many current megacorps are scared of, because Open Source isn't the FIRST productive leisure activity.

      I write for leisure. Many musicians play music for leisure. Lots of people write poetry in their leisure time. Some people do stand-up comedy for free.

      The dark secret is, people enjoy entertaining people, and they even find that entertainment fun in its own right, even if the audience is lost. (In fact, jokes that go over the heads of the audience are often the best ones).

      In the current society, much of entertainment is free to make. My word-processor and a site to host a story? Some instruments and a garage for a band? A napkin to jot poetry and internet distribution? The overhead is gone, and now all hell will break loose (but in a good way).

    4. Re:Good to see this in the mainstream press by abe+ferlman · · Score: 4, Insightful

      More examples:

      Ben Franklin refused a patent on the Franklin Stove, saying it was his civic responsibility to share.

      Salk, when asked if he intended to patent the polio vaccine, said that would be "like patenting the sun."

      Greed may drive innovation in some cases, but only when there are strong limitations on the duration of the patent/copyright. When you let the rules be set by the greedy like Disney and Microsoft, we get nothing but permanent proprietary lock-ins.

      --
      microsoftword.mp3 - it doesn't care that they're not words...
    5. Re:Good to see this in the mainstream press by cfulmer · · Score: 4, Insightful

      Pfft. There have always been people, including protestants, willing to do things for the greater good of society. The Salvation Army (mainly protestant), for example, has been around since Civil War times.

      Even the production of intellectual property -- the idea of freely sharing ideas -- has been around for a long time. For example, 'Fine Woodworking' magazine, about as far away from software as you can get, has a space where readers write in a blurb about the clever ways that they've used to solve problems. There is some marginal compensation for the 'best' one in each issue, but people share their ideas -- their IP -- with others because there's a sense of community.

      Productive leisure activity has been around for as long as knitting, sewing, painting and whittling.

      In reality, part of the reason that many people give away the product of their work is because there is no reasonable way for them to make money off of it: Not only is there no inexpensive mechanism to charge, but there isn't even a good way to figure out how much to charge.

      There are also non-monetary forms of payback. Law Reviews, for example, generally don't pay anything to the writers of their articles. But, the writers get prestiege in a specific community. People who contribute to free (as in speech) software also receive similar benefits.

      Occasionally pragmatic business reasons for doing so exist, especially in the world of communications standards. For example, the IETF relies on 'loose consensus and running code' in the promulgation of internet standards. If you're a corporation trying to push a standard, you can help yourself by publishing a free version.

      There are probably people producing software just out of the goodness of their hearts, with no desire for any other benefit to themselves. But, I don't think you can characterize the entire free software movement as being like that.

      Even James Boyle, one of the 'Copy Left' people in the book, has said that he likes earning royalties from the publication of his works. (I happened to take a class from him in the fall.)

    6. Re:Good to see this in the mainstream press by websensei · · Score: 2, Informative

      (chuckle)
      yes, foreword.
      thanks.

      --

      La via sola al paradiso incommincia nel inferno
  9. Re:no copyrights... no NYT registration by the+eric+conspiracy · · Score: 4, Insightful

    If there were no copyrights, you can bet the NYT would not be putting content on the Internat unless it was protected with DRM.

  10. Re:no copyrights... no NYT registration by mericson · · Score: 2, Insightful

    If there were no copyrights, there'd be no New York Times.

  11. Public Apathy by hjmartin70 · · Score: 4, Insightful

    Do we think anyone but geeks really cares? The public can't be bothered to care about anything that isn't spoon fed to them on Entertainment Tonight or in People magazine. We need to make the fight against excessive corporate copyright an entertaining battle or no one will pay attention. How about getting JLo for a spokesperson?

  12. Re:no copyrights... no NYT registration by the+eric+conspiracy · · Score: 2, Insightful

    If there were no copyrights, there'd be no New York Times.

    You would have to agree to an NDA before you bought a copy.

  13. Re:no copyrights... no NYT registration by ShadeARG · · Score: 5, Interesting

    That's a key point. Without copyrights (rights for the person who created the work to retain it) there would be a serious elitist imbalance of information access. Only trusted individuals would have access to various types of information and some types of information would never be disclosed, or possiblu even recorded. People are human and want recognition for their work and ideas. Copyrights (even to the extreme that they have been taken to today) are the lesser evil in this matter.

  14. Re:Its a conspiracy by bj8rn · · Score: 2, Funny

    Of course it's a conspiracy! It's copyright -- clearly a right-handed conspiracy against the left-handed and both-handed minorities. Even the 'C' inside the (C) is opened to the right, not to the left -- for the right-handed to stick their greedy hands in, that is. Copy left is the left-handed world's try at a counterattack, but we are largely outnumbered, so we probably don't have much chance. I personally am putting my hopes on the future copyboth to unite the torn-apart world again once and for all.

    --
    Hell is not other people; it is yourself. - Ludwig Wittgenstein
  15. "Copy left" by October_30th · · Score: 2, Insightful
    Why was the parent moderated down as a troll?

    I'm not a big fan of copyleft as an ideology, but intentionally mispelling it as "copy left" is a spin if I've ever seen one.

    I was going to post the same thing, but the parent got it right first.

    --
    The owls are not what they seem
  16. Good choice of words by Space+cowboy · · Score: 4, Interesting

    The article uses highly emotive words in the headline, "Tyranny" is almost guaranteed to get more than a casual glance, but the body is pretty factual (although sympathetic to the students, for example). Well written - articles like this are the only way that the rights-restrictions will get wider coverage. It's a good thing to have a free-from-tyranny press :-)

    Simon

    --
    Physicists get Hadrons!
  17. I hereby,,, by Sarojin · · Score: 2, Funny

    ..announce that my DNA is CopyLeft, from this day forward.
    If any Geekgirl wishes to gain access to my DNA, please send a picture and an essay on the effects of GPL and the software industry and what effects this will have on humanity in whole.
    B with blue eyes can skip the essay.
    Thank you.
    III.IIVIVIXIIVIVXXIVVIIIIVVIIIXIIIIIVIIVIIII VVIIIV IIVIIIIIIVIII...

    --
    HOW'S MY POSTING? CALL 1-800-POSTING
  18. Tyranny? by leftie_hater · · Score: 2, Insightful

    Hardly. Copyright protection encourages creation. Nobody else has any right to works I've created.

    --

    ---------
    George W. Bush in 2004!
    1. Re:Tyranny? by cei · · Score: 4, Insightful

      For the moment, let's assume you're a brilliant writer who's just released the best selling book ever written. Because you've got copyright on it until 70 years after you die, you're set for life... hell, your kids will never have to work a day. I hardly see that as encouraging you to create more works, and if you're that good, maybe society would benefit from more than a one-shot.

      --
      This sig intentionally left justified.
    2. Re:Tyranny? by spectecjr · · Score: 2, Insightful

      For the moment, let's assume you're a brilliant writer who's just released the best selling book ever written. Because you've got copyright on it until 70 years after you die, you're set for life... hell, your kids will never have to work a day. I hardly see that as encouraging you to create more works, and if you're that good, maybe society would benefit from more than a one-shot.


      Now, coming back to reality, let's assume that you're the average writer who gets published, who doesn't earn much if anything from their work - ie. they're not one of the maybe 100 authors in the world who make the Steven King / JK Rowling style big bucks.

      You will need that copyright protection, plus the royalties from ten or twenty books (each taking upwards of 6 months to write... sometimes each one will take you 2 years or more) to make ends meet.

      Congrats. You found a boundary case. But that's not the common case, so what are you bitching about? The law is *not* designed for edge cases. It's designed to handle the common case. That's why they have judges.

      --
      Coming soon - pyrogyra
    3. Re:Tyranny? by cei · · Score: 3, Interesting

      So if copyright were, say, only 20 years from publication, is the author hurt? The author's not the best in the world. He's no King or Rowling. If it's not great, there's a good chance it will be forgotten in 20 years, or at least not bringing in the income the author got when it was first released.

      --
      This sig intentionally left justified.
    4. Re:Tyranny? by cei · · Score: 2, Informative

      It's interesting that parody falls under fair use rather than derivative work, actually. But if "Gone With the Wind", first published in 1936, had it's copyright expire, any sequel or derivative work, parody or otherwise, would be allowed.

      --
      This sig intentionally left justified.
  19. Re:Where is everybody? by Mod+Me+God+Too · · Score: 2, Interesting

    They are probably trying to comprehend 'michael''s "Dear NYT editors: "Copy Left" really shouldn't have a space in it. Thanks.", he should have used inverted commas instead of speech marks.

    I'm not sure why, but I am beginning to understand the community feeling of hate towards 'michael' simply by his attempting to slant comments in his way of favour.

    Slashdot is not a news source, it is a news aggregator, but appending the aggregation of stories with comments by the editors with effect to bias the stories creates an unnecessary and unwelcome burden and liability. Upon me as a reader, upon other readers (what do you think?, informative comments vs. someone's opinion), and upo /. and OSDN as a whole.

    --
    --

    It is not the commies, the government, the nigger, nor the corporates. It is your paranoia.
  20. Re:no copyrights... no NYT registration by cxvx · · Score: 5, Informative
    ... I would not have to register to NYT to read the article ...

    You don't have to register with the NYT.
    With the following procedure, you can read any NYT article:

    • copy link to the article
    • go to google.com
    • feed the link to google
    • You'll get a "Sorry, no information is available for the URL ..." message
    • Click on the "If the URL is valid, try visiting that web ..." link
    • Voila, you can now read the article, register free, thanks to google

    I suspect this works because the NYT sees google as the referrer.

    --
    If only I could come up with a good sig ...
  21. For those who don't want to subscribe by FreemanPatrickHenry · · Score: 3, Informative

    Here's the text of the article:

    The Tyranny of Copyright?
    By ROBERT S. BOYNTON

    Published: January 25, 2004

    ast fall, a group of civic-minded students at Swarthmore College received a sobering lesson in the future of political protest. They had come into possession of some 15,000 e-mail messages and memos -- presumably leaked or stolen -- from Diebold Election Systems, the largest maker of electronic voting machines in the country. The memos featured Diebold employees' candid discussion of flaws in the company's software and warnings that the computer network was poorly protected from hackers. In light of the chaotic 2000 presidential election, the Swarthmore students decided that this information shouldn't be kept from the public. Like aspiring Daniel Ellsbergs with their would-be Pentagon Papers, they posted the files on the Internet, declaring the act a form of electronic whistle-blowing.

    Advertisement

    Unfortunately for the students, their actions ran afoul of the 1998 Digital Millennium Copyright Act (D.M.C.A.), one of several recent laws that regulate intellectual property and are quietly reshaping the culture. Designed to protect copyrighted material on the Web, the act makes it possible for an Internet service provider to be liable for the material posted by its users -- an extraordinary burden that providers of phone service, by contrast, do not share. Under the law, if an aggrieved party (Diebold, say) threatens to sue an Internet service provider over the content of a subscriber's Web site, the provider can avoid liability simply by removing the offending material. Since the mere threat of a lawsuit is usually enough to scare most providers into submission, the law effectively gives private parties veto power over much of the information published online -- as the Swarthmore students would soon learn.

    Not long after the students posted the memos, Diebold sent letters to Swarthmore charging the students with copyright infringement and demanding that the material be removed from the students' Web page, which was hosted on the college's server. Swarthmore complied. The question of whether the students were within their rights to post the memos was essentially moot: thanks to the Digital Millennium Copyright Act, their speech could be silenced without the benefit of actual lawsuits, public hearings, judges or other niceties of due process.

    After persistent challenges by the students -- and a considerable amount of negative publicity for Diebold -- in November the company agreed not to sue. To the delight of the students' supporters, the memos are now back on their Web site. But to proponents of free speech on the Internet, the story remains a chilling one.

    Siva Vaidhyanathan, a media scholar at New York University, calls anecdotes like this ''copyright horror stories,'' and there have been a growing number of them over the past few years. Once a dry and seemingly mechanical area of the American legal system, intellectual property law can now be found at the center of major disputes in the arts, sciences and -- as in the Diebold case -- politics. Recent cases have involved everything from attempts to force the Girl Scouts to pay royalties for singing songs around campfires to the infringement suit brought by the estate of Margaret Mitchell against the publishers of Alice Randall's book ''The Wind Done Gone'' (which tells the story of Mitchell's ''Gone With the Wind'' from a slave's perspective) to corporations like Celera Genomics filing for patents for human genes. The most publicized development came in September, when the Recording Industry Association of America began suing music downloaders for copyright infringement, reaching out-of-court settlements for thousands of dollars with defendants as young as 12. And in November, a group of independent film producers went to court to fight a ban, imposed this year by the Motion Picture Association of America, on sending DVD's to those who vote for annual film awards.

    Not long ago, the Interne

    --
    I have discovered a truly marvelous .sig which, unfortunately, this space is too small to contain.
    1. Re:For those who don't want to subscribe by petabyte · · Score: 2, Insightful

      And by posting such an article in its entirety you go and do everyone a disservice by violating the copyright on the article. Actions like this hurt the cause and make it harder to get any sort of postive change concerning this copyright mess.

  22. Some good, some bad by Hays · · Score: 3, Interesting

    Why do they have to lump together the people who want the DMCA repealed with those who require some state subsidized artist payment. I just want my fair use rights back, I don't need some nutty scheme that forces artists to share their music and taxes me on CD-r's.

    " The money would come from a tax on various content-related devices, like DVD burners, blank CD's or digital recorders"

    I can't believe the copyleft is saying things like that. That is not a reasonable compromise for me to get my fair-use rights back.

  23. In a vacuum? by tepples · · Score: 4, Insightful

    Copyright protection encourages creation.

    Lessig maintains that overbroad restrictions on preparing derivative works discourages creation.

    Nobody else has any right to works I've created.

    What did you draw on when creating works? Or did you claim that you created works in a vacuum?

  24. Re:no copyrights... no NYT registration by MORTAR_COMBAT! · · Score: 4, Insightful

    People are human and want recognition for their work and ideas.

    Another human attribute which occurs from time to time is that they don't care about recognition, they just want to spread their ideas for the betterment or enjoyment of all mankind.

    --
    MORTAR COMBAT!
  25. Fair Use by yintercept · · Score: 3, Interesting

    The interesting thing about the article is the use of copyright to try and silence criticism of the Diebold system.

    Before jumping on the repeal property rights bandwagon, we should note that the Swathmore students could have easily gotten around the copyright issue by paraphrasing and writing their own original work drawn from the emails.

    The article paints this issue as horrible corporate America positioned against wonderful students. However, I see a lot of issues going on beyond publication. For example, there is the issue of open communications within a corporation. If there is no legal protection for open internal discussions about a product, then companies will have no choice but to limit open dialog within the company.

    Shouldn't Diebold be commended for having an open internal communication system that allows its workers to actively criticize and tear apart their company's product? If any document stolen from a company could be published to paint the company in bad light, then we would see companies cracking down on the open internal communications needed to improve products.

    Having been involved in several projects, I've written and have read extremely critical emails about different aspects of a program. The purpose of these communications is generally to improve the quality of a program. Strongly worded emails generally have a better chance of making it into a product. Often the strongly worded emails are bunk. If all of the test documentation of the Alpha and design systems got published then we could make any company look horrible.

    I rue the day when each and every word written in internal communications has to be polished into marketing material.

    1. Re:Fair Use by CodeBuster · · Score: 3, Interesting

      The interesting thing about the article is the use of copyright to try and silence criticism of the Diebold system.

      This is not a new idea. The Church of Scientology has been using the copyright laws of the United States to silence its critics for the last three decades. The Diebold case is simply the latest example of how copyright laws in their present incarnation can be abused.

    2. Re:Fair Use by Jameth · · Score: 2, Informative

      They were in no copyright trouble to begin with. No re-phrasing was needed, The problem was the lawsuit scared the ISP.

      Here's a really good question. Were those e-mails creative? I sure as hell don't consider my e-mails creative works (well, a couple times I've e-mailed poems or story excerpts). If they do not have creative value, they don't get copyright, so the students were fine with what they did.

      Now, taking my e-mails and posting them is a privacy violation, but that's another matter.

      As for what I just wrote, it's a little iffy. It is a position piece, and does have original phrasing and political value. I think it is well within fair use to repost it freely, so long as due credit is given.

    3. Re:Fair Use by stubear · · Score: 2, Informative

      Actually they were in violation of copyright and I question why the DMCA was involved at all. Written communcations are copyrighted and in this case since they are considered work-for-hire Diebold holds that copyright. Reproducing them or making them available for download is a copyright violation, given the five basic rights protected by copyright law.

  26. Derivative works by tepples · · Score: 5, Informative

    Dr. Lessig doesn't want to abolish copyright. He merely wants to find some way around the draconian restrictions on derivative works. Such restrictions lead to injustices such as Bright Tunes Music v. Harrisongs Music, 420 F. Supp. 177 (S.D.N.Y. 1976), which held that subconscious copying of a copyrighted work is actionable infringement.

    Or do you claim that authors create works in a vacuum?

    1. Re:Derivative works by jfengel · · Score: 3, Informative

      The problem with the Bright Tunes decision isn't just that subconscious copying is a crime. It's also the fact that three notes were considered a copyrightable element.

      I guess that's not entirely untrue. The NBC tune is only three notes long, and it would certainly be theft if ABC were to used them. But in that case it's the entire piece. It's also the context there: I can't imagine you'd be sued if you weren't thematically invoking NBC in your song.

      In Bright Tunes, the judge felt that three notes used as only part of a song, and not deliberately invoking the other piece, were sufficient for Harrison to be riding on the back of Ronnie Mack's success.

  27. Dear NYT Editors: That Should Be "GNU/Copy Left" by Anonymous Coward · · Score: 3, Interesting

    Something strange and dangerous is happening in copyright law. Under the U.S. Constitution, copyright exists to benefit users -- those who read books, listen to music, watch movies, or run software -- not for the sake of publishers or authors. Yet even as people tend increasingly to reject and disobey the copyright restrictions imposed on them "for their own benefit," the U.S. government is adding more restrictions, and trying to frighten the public into obedience with harsh new penalties.
    How did copyright policies come to be diametrically opposed to their stated purpose? And how can we bring them back into alignment with that purpose? To understand, we should start by looking at the root of United States copyright law: the U.S. Constitution.

    Copyright in the U.S. Constitution
    When the U.S. Constitution was drafted, the idea that authors were entitled to a copyright monopoly was proposed -- and rejected. The founders of our country adopted a different premise, that copyright is not a natural right of authors, but an artificial concession made to them for the sake of progress. The Constitution gives permission for a copyright system with this paragraph (Article I, Section 8):

    [Congress shall have the power] to promote the progress of science and the useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.
    The Supreme Court has repeatedly affirmed that promoting progress means benefit for the users of copyrighted works. For example, in Fox Film v. Doyal, the court said,

    The sole interest of the United States and the primary object in conferring the [copyright] monopoly lie in the general benefits derived by the public from the labors of authors.
    This fundamental decision explains why copyright is not required by the Constitution, only permitted as an option -- and why it is supposed to last for "limited times." If copyright were a natural right, something that authors have because they deserve it, nothing could justify terminating this right after a certain period of time, any more than everyone's house should become public property after a certain lapse of time from its construction.

    The "copyright bargain"
    The copyright system works by providing privileges and thus benefits to publishers and authors; but it does not do this for their sake. Rather, it does this to modify their behavior: to provide an incentive for authors to write more and publish more. In effect, the government spends the public's natural rights, on the public's behalf, as part of a deal to bring the public more published works. Legal scholars call this concept the "copyright bargain." It is like a government purchase of a highway or an airplane using taxpayer's money, except that the government spends our freedom instead of our money.

    But is the bargain as it exists actually a good deal for the public? Many alternative bargains are possible; which one is best? Every issue of copyright policy is part of this question. If we misunderstand the nature of the question, we will tend to decide the issues badly.

    The Constitution authorizes granting copyright powers to authors. In practice, authors typically cede them to publishers; it is usually the publishers, not the authors, who exercise these powers and get most of the benefits, though authors may get a small portion. Thus it is usually the publishers that lobby to increase copyright powers. To better reflect the reality of copyright rather than the myth, this article refers to publishers rather than authors as the holders of copyright powers. It also refers to the users of copyrighted works as "readers," even though using them does not always mean reading, because "the users" is remote and abstract.

    The first error: "striking a balance"
    The copyright bargain places the public first: benefit for the reading public is an end in itself; benefits (if any) for publishers are just a means toward that end. Readers' interests and publishers' interests are qualitati

  28. Confusion by t_allardyce · · Score: 4, Interesting

    If someone copyrights some of their code, they didnt invent the language (eg c) and they didnt invent many of the functions that the program does (eg printing to the screen) and they certainly didnt invent the compiler or the CPU that the program runs under and they had nothing to do even with the storage medium their program is on (hd/cdrom/paper)! Now i can kind of understand the ownership of ideas eg a method of selecting some information which causes relevent information to be revealed, but even that is based on the idea of "information" and human thought so you cant say thats something original. So what exactly denotes something original? and why should you be able to copyright something thats not original for far longer than is needed to create incentive? (eg 70 years after your death!)

    --
    This comment does not represent the views or opinions of the user.
    1. Re:Confusion by spectecjr · · Score: 2, Informative

      If someone copyrights some of their code, they didnt invent the language (eg c) and they didnt invent many of the functions that the program does (eg printing to the screen) and they certainly didnt invent the compiler or the CPU that the program runs under and they had nothing to do even with the storage medium their program is on (hd/cdrom/paper)! Now i can kind of understand the ownership of ideas eg a method of selecting some information which causes relevent information to be revealed, but even that is based on the idea of "information" and human thought so you cant say thats something original. So what exactly denotes something original? and why should you be able to copyright something thats not original for far longer than is needed to create incentive? (eg 70 years after your death!)

      Quite simply this:

      They're not trying to copyright the language.
      They're not trying to copyright the functions the program uses.
      They're not trying to copyright the CPU or the compiler that the program runs under.
      They're not trying to copyright the storage medium.

      They are copyrighting the code that they wrote.

      I can't imagine why you didn't understand this from the get-go. It's plainly obvious.

      --
      Coming soon - pyrogyra
  29. Re:no copyrights... no NYT registration by ShadeARG · · Score: 2, Interesting

    Agreed, and we need more people like this. Too bad this kind of attribute seems to be non-existant with many fronts. For example, take medication. Can you, or anyone else, recall any type of medication that really works that wasn't protected with a patent for an ungodly length of time and being sold at an extortionist rate to the wealthy? Would making this kind of contribution accessible to the general public at a generic price better mankind? Certainly. But would this happen? Never.

  30. bitch bitch bitch by SweetAndSourJesus · · Score: 2, Insightful

    Slashdot needs to stop linking to the NYT if only because half the comments in the thread will be from some idiot whining about registration.

    If you're so opposed to registering at websites, why the fuck do you have a slashdot account?

    --

    --
    the strongest word is still the word "free"
  31. Advert on the page by AndroidCat · · Score: 2, Funny
    On the page, there's an ad graphic that's a bit distracting: Behind the woman and the Harrisdirect text, there's something large, pink, out of focus, curved, with a smaller rose-coloured something in lower-middle. Just what is that supposed to be?

    And yes, I did read the article .. mostly ..

    --
    One line blog. I hear that they're called Twitters now.
  32. Re:What ?!! by Arathrael · · Score: 5, Informative

    Ging-gang-google gave me this article from the website of the school of Law at UKMC.

    Apparently what happened was that the American Society of Composers, Authors & Publishers (ASCAP) sent letters out in 1996 to camps - including Girl Scout ones - demanding they pay fees for singing any of their copyrighted songs (such as Edelweiss and Puff the Magic Dragon), saying, "They buy paper, twine and glue for their crafts - they can pay for the music, too. If offenders keep singing without paying, we will sue them if necessary."

    Later they claimed that they hadn't meant to target Girl Scouts, just other camps - "the sort that bring in bands for square dances, have music by the pool ... and are like sending your kid to a resort."

  33. Infringe, or others will call it a hoax by tepples · · Score: 3, Interesting

    we should note that the Swathmore students could have easily gotten around the copyright issue by paraphrasing and writing their own original work drawn from the emails.

    Without directly quoting the unpublished original sources, how could the students make their argument look like something other than a hoax? I sense an opportunity to use the "news reporting" fair use argument.

  34. Fair use; DMCA != DMCA by tepples · · Score: 3, Informative

    Actually they were in violation of copyright

    News reporting. Non-profit. Factual. Does not substitute for the work itself. Any competent lawyer could make a good fair use defense.

    and I question why the DMCA was involved at all.

    In this case, the DMCA merely codifies a cease-and-desist process in 17 USC 512. It has nothing to do with the DMCA that interferes with interoperability (17 USC 1201; judges have tended to ignore 1201(f)) except for having been enacted in the same bill.

  35. Re:no copyrights... no NYT registration by Jeremy+Erwin · · Score: 2, Insightful
    The New York Times does get some name recognition from its occasional appearances on "Google News", but as this brief exchange illustrates, being the "Paper of Record" just isn't worth it anymore.


    REPORTER: Mr. President, in light of the, the New York Times editorial today, tell me why--

    GEORGE W. BUSH: Let me stop you, Wendell, I don't read those editorials, [LAUGHTER] so you're going to have to-- maybe you ought to ask the question not in that context but in another context.
    source

    In an illiterate society, the sword is mightier than the pen.
  36. 28 years is still a reward; analogy to patents by tepples · · Score: 3, Insightful

    Society should give some motivation, but not by giving no rewards.

    The original U.S. copyright act gave plenty of rewards: twenty-eight whole years. The current U.S. patent act gives plenty of rewards: twenty whole years. If you feel that such a term of monopoly does not adequately reward the investment of time and effort into a work or invention, then please explain why I haven't seen Lilly, GSK, Pfizer, and the like publicly lobbying for some sort of Cher Patent Term Extension Act.

  37. Benkler's apples to oranges by CousinLarry · · Score: 3, Interesting

    "The recording industry is a $12 billion a year business, compared with the telephone business, which is a more than $250 billion a year business. That is what economists call a 'revealed willingness to pay,' a clear preference for a technology that allows you to participate in work, socializing and interaction in general, over a technology that allows you to be a passive consumer of a packaged good."

    This comparison fails to be useful in any real sense when considered for even an instant. The infrastructure, engineering and complexity of the telecommunication industry probably would scale its market value, when compared to music, much more than roughly 20 / 1 factor Benkler notes here. In fact, the only force surpressing greater telecom revenue is that consumers absolutely abhor seemingly arbitrary and maddeningly discreet fees associated with their monthly tele/cell phone bills!

    To think that the billing lessons from the telecom industry offer a positive model for entertainment is not only ludacris, it's insulting to consumers who increasingly feel pestered by a fee system which forces them to nickel and dime every conversation down to minutes used -- and the excitement of VOIP proves that we are ALL hungry for an way to trash our telecom fee tally sheets.

  38. Re:no copyrights... no NYT registration by Stephen+Samuel · · Score: 4, Informative
    If there were no copyrights, you can bet the NYT would not be putting content on the Internat unless it was protected with DRM.

    Misplaced agression.

    The problem isn't the existence of copyright, it is the abuse of the idea.

    If there were no copyright, there would be no GPL either (the GPL depends on copyright for its ability to force sharing).

    Copyrights that run for 7 generations, chilled political debates, supression of even discussions about encryption algorithms, and forcing the removal of entire websites without sending so much as a sniff past a judge are things that would probably leave Jefferson et.al. spinning in their graves.

    From the article:

    Thomas Jefferson, for one, considered copyright a necessary evil: he favored providing just enough incentive to create, nothing more, and thereafter allowing ideas to flow freely as nature intended.
    ''If nature has made any one thing less susceptible than all others of exclusive property,'' he wrote, ''it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of everyone.''
    His conception of copyright was enshrined in Article 1, Section 8 of the Constitution, .....
    --
    Free Software: Like love, it grows best when given away.
  39. Those who forget history are doomed to...something by jbn-o · · Score: 4, Interesting

    I appreciate the ideas the article is trying to raise in the public consciousness and I am grateful the NYT is helping to put these issues on the political map. Apparently Boynton agrees with RMS that it's important to "spread understanding of the value of freedom" although Boynton wasn't writing with regard to free software. I hope that in the next articles we can get more into specifics about how these ideas were formed because I think people have an easier time grasping useful abstractions when they are grounded in real-world events.

    Giving credit where credit is due is intellectually honest. This article and Mark Webbink's recently praised article both chime in on copyleft or ideas built on copyleft without giving any credit to the person or the organization that brought it to our attention--Richard Stallman and the FSF.

    Webbink goes so far as to reinvent copyleft without calling it such, thus confirming how valuable the concept is and what the open source movement is missing out on by rejecting software freedom in favor of practical concerns centered on their chief audience--businesses. The NYT article tells us "Copy Left[sic]" (spelled with a space probably to pigeon-hole the concept on the left side of the left-right false political dichotomy) is a borrowed term:

    ([...] originally used by software programmers to signal that their product bore fewer than the usual amount of copyright restrictions).

    But that would come closer to describing free software. Copyleft is a way to secure the freedoms of free software for a program and its derivative works.

  40. Re:no copyrights... no NYT registration by macjohn · · Score: 2, Interesting

    If there were no copyrights, there'd be no New York Times.

    I doubt that. The NYT gets paid mostly by advertisers and secondarily by people who want to read today's news and commentary. I don't think lack of a copyright would change that. Wouldn't give a you a nickle for yesterday's NYT.

    --
    --Hi. I'm in Portland and it's raining. This appears to be a permanent condition.
  41. Re:no copyrights... no NYT registration by jeffkjo1 · · Score: 3, Informative

    I understand that many slashdotters think that the New York times (and other newspapers... I believe the Washington Times does this as well) is an evil evil newspaper because it forces you to register to view articles online.

    There is no dark evil purpose in this. The reason is circulation. Newspapers include online views in their circulation numbers so that they can charge more per ad. However, advertisers got keen to this and realized that online statistics were almost always inflated (does it count refreshes? does it count each graphic as a separate hit? does it count the same ip viewing different articles as seperate hits? the list goes on.) As a result, the NY Times has instituted this so that they can better gauge the number of readers of their online paper.

    There is no secret Orwellian doctrine at the NY Times. You can take off your tin foil hats now.

  42. Re:no copyrights... no NYT registration by OECD · · Score: 2, Funny

    If there were no copyrights, you can bet the NYT would not be putting content on the Internat unless it was protected with DRM.

    If there were no copyrights, there wouldn't be any DR to M.

    --
    One man's -1 Flamebait is another man's +5 Funny.
  43. The NYT doesn't like InterCap names by imagerodeo · · Score: 2, Informative

    The NYT has a bunch of rules about how names are presented - like, no InterCap names, no Punctuation! in names, an allergy to acronyms (HP is typically spelled out Hewlett Packard, and then the Packard bit is dropped; I note that IBM doesn't have this problem), etc.

    So, call it Copyleft and you're fine.

  44. Re:All rights, no responsibilities.. by The_Steel_General · · Score: 2, Interesting
    Man, I'm stuck between moderating this up and replying to it. (Replying won.)

    In fact, it would be fine by me to have a couple of exemptions for well-known characters - with fees paid to the Treasury rather than influential congressmen. Although I'd really prefer that Mickey not have eternal protection, it would probably be better than letting everything else be dragged down with it.

    But it wouldn't work out - They would just take advantage of the cheaper path, which is to give a smaller amount to elected officials than would be reasonable to charge as fees.

    We're just going to have to keep agitating for the next twenty years so that the next "copyright extension to keep us competitive/in sync with Europe" is seen for the bald-faced thievery that it is.

    Hee hee -- just realized that Disney was recently hoist by their own petard on Peter Pan. The story actually does have an eternal copyright in England, with the caveat that all royalties go to a London children's hospital. Disney wanted to get involved with merchandising for that movie, but had some issue with paying copyright fees. (One story suggests that their problem was "We already pay royalties to the hospital to cover our animated version, why should we pay them again?")

    Maybe we should send that story to our elected officials...

    TSG

  45. $ in media vs. communication (sources?!) by janbjurstrom · · Score: 2, Interesting
    Very good and interesting article, but appallingly weak on sources and further reading (didn't the NY Times get the memos on hyperlinks?).

    In the article, Yochai Benkler, law professor at Yale, exemplifies how creative interaction is more "valued" by users - even economically, than passive consumption. Benkler says:
    How much do people pay the recording industry to listen to music versus how much people pay the telephone industry to talk to their friends and family? The recording industry is a $12 billion a year business, compared with the telephone business, which is a more than $250 billion a year business. That is what economists call a "revealed willingness to pay," a clear preference for a technology that allows you to participate in work, socializing and interaction in general, over a technology that allows you to be a passive consumer of a packaged good. ...
    [emphasis mine]

    I'm not sure, but I believe these ideas originates from Andrew Odlyzko's seminal paper "Content is Not king" (january 2001):
    Unfortunately for these [mass media] companies, content is not the key. Content certainly has all the glamor. What content does not have is money. This might seem absurd. After all, the media trumpet the hundred million dollar opening weekends of blockbuster movies, and leading actors such as Julia Roberts or Jim Carrey earn $20 million (plus a share of the gross) per film. That is true, and it is definitely possible to become rich and famous in Hollywood. Yet the revenues and profits from movies pale next to those for providing the much denigrated "pipes." The annual movie theater ticket sales in the U.S. are well under $10 billion. The telephone industry collects that much money every two weeks! Those "commodity pipelines" attract much more spending than the glamorous "content."
    [emphasis mine]

    A good article on the whole. And I very much agree with the 'Copyleftists', that the internet and WWW has been (is) a (the) catalyst for innovation and cultural resurgence, and that copyright -- as it is currently sharpened to a lethal weapon -- is becoming increasingly perilous to the very things it was meant to foster: innovation and improvement of society/culture.

    Regarding information and copyright, I would like to recommend reading Perry Barlow's (EFF) thought-provoking essay Selling Wine Without Bottles: The Economy of Mind on the Global Net, which contains a lot of stuff. Mainly dealing with the question:

    What is this thing (information) that we're trying to protect (with copyright)?
    --
    668.5
  46. Re:no copyrights... no NYT registration by Smidge204 · · Score: 2, Funny

    Another human attribute which occurs from time to time is someone taking said work and claiming it as their own for the betterment or enjoyment of their bank account.

    =Smidge=

  47. Canada by Dashing+Leech · · Score: 4, Informative
    From the article: "Only second-world countries, like Croatia or Brazil, he speculates, are unfettered enough to try something new." (refering to William Fisher's business model in which music is paid for by levy's on recordable media like CD-Rs).

    Um, this is already partially implemented in Canada. We pay a levy on recordable media, and as a result downloading is legal. Supposedly, the levy is supposed to go to the artists and recording industry. The only thing missing is the "central office", otherwise it is very much like Fisher's concept. And I hardly think Canada qualifies as a second world country.

    1. Re:Canada by kwandar · · Score: 2, Informative
      "No, downloading is not legal in Canada"
      You are incorrect. Dowloading is completely legal. Section 80 of the Copyright Act is very clear in that regard.

      However, "distribution" (whatever that may ultimately constitute - for instance is it distribution to have songs on your hard drive and not actively send them?) is an infringement under the Copyright Act. Distribution is far less clear.

  48. Re:no copyrights... no NYT registration by phre4k · · Score: 2, Insightful

    I doubt that. The NYT gets paid mostly by advertisers and secondarily by people who want to read today's news and commentary. I don't think lack of a copyright would change that. Wouldn't give a you a nickle for yesterday's NYT.

    Of course it would. Then someone would make a mirror of it and claim the whole paper to be his. He just has to make the product a little better so take away NYT's business.

    --
    "Nobody really checks their email any more. They just delete their spam"
  49. Re:no copyrights... no NYT registration by phre4k · · Score: 2, Informative

    Would making this kind of contribution accessible to the general public at a generic price better mankind? Certainly. But would this happen? Never.

    Yes it would be a better world today, but not in ten years because the med companies wouldn't have the cash to pay research of new medicine. eg no cure for new decieses would be invented.

    --
    "Nobody really checks their email any more. They just delete their spam"
  50. Re:no copyrights... no NYT registration by Grax · · Score: 4, Insightful

    Yes. It is called "healthy lifestyle". Eating right prevents many health problems and can cure others. But people don't want that. They want to eat junk and then fix the problems later with a magic potion.

    Additionally no drug company who spent millions on research is going to want to come out and say "you could pay us thousands for our patented drug but eating oranges would work just as well."

    I agree with you. We need more research done with an eye toward bettering mankind over forcing mankind to fork over the bucks.

  51. Re:Dear NYT Editors: That Should Be "GNU/Copy Left by An+Onerous+Coward · · Score: 2, Informative

    Source: GNU Project - Misinterpreting Copyright. Technically, I think the copyright notice was part of the "this notice" that needed to be preserved.

    --

    You want the truthiness? You can't handle the truthiness!

  52. Other authors own your expression by tepples · · Score: 3, Interesting

    Is this suppose to be a rhetorical argument that a creator doesn't own what he creates?

    I intended it as an argument that an author shouldn't own what other authors create.

    the innovation is not identical to the source, I have added my own novel element.

    True, you can get away with copying ideas. But what about classes of works where the "idea" and the "expression" aren't so easy to distinguish, such as musical works? Under U.S. law, if you add your novel element to a substantial portion of an existing copyrighted expression without permission of the other work's author, which is not obtainable in the vast majority of cases, the other work's author owns your novel element, even if your novel element predominates over the other author's.

    The novel element is my property, for a limited time at least, and rightly so.

    In terms of an author's own lifetime, how is until your children are long dead a "limited time", other than through the twisted interpretation offered by the Supreme Court in Eldred v. Ashcroft? Inventors, on the other hand, seem happy with 20 years; I don't recall any news report of them trying for some sort of Cher Patent Term Extension Act.

    To say that society owns what a creator's brain creates is to say that society owns the creator's brain. It doesn't.

    But to say that one author owns what another author creates is to say that one author owns the other author's brain. He does.

    I agree with the position on derivative works and copyright term that Spider Robinson puts forth in the short story "Melancholy Elephants". Have you read it?

  53. Copyleft *is* Copyright by ajagci · · Score: 2, Insightful

    I fail to see the opposition between the terms. Copyleft is one particular license that is enforced through copyright. If copyright ceased to exist, so would copyleft. The fact that the creators of copyleft would like copyright to stop existing doesn't change that, and many people who use copyleft probably don't care much whether copyright should or should not continue to exist. I certainly don't: I think copylefted software is succeeding no matter what other licenses people come up with under copyright because copyleft simply makes more economic sense.

  54. Re:no copyrights... no NYT registration by gid13 · · Score: 2, Insightful

    I find it interesting that copyright seems to be an implicit version of that exact agreement.

  55. Re:A serious question by tkrotchko · · Score: 5, Interesting

    I'm not advocating more taxes, but I'm thinking of property tax.

    The taxes that you're talking about aren't related to ownership, they're translated to sales or profit/loss.

    For instance, most people pay property taxes on a house or land they own.

    Some states have car taxes. Others have luxury taxes.

    If people really thought there was such a thing as "Intellectual Property", then it would have occured to somebody to tax it.

    In fact, I can make a pitch that this tax would benefit society at large. Think of it:

    1) IP that is generating revenue would have to be fairly valued ... too low, and the shareholders will revolt, too high, and it gets taxed too much.

    2) For IP that is not really worth anything (some old movie that isn't even available), the owner would have to either pay taxes on it, or release it to the public domain.

    3) IP owners wouldn't be content to "sit" on something.

    Like I said, I'm not advocating taxes, but if we're going to call a copyright, "Intellectual Property", I'm saying we should go all the way and really treat it like property. Taxes and all.

    --
    You were mistaken. Which is odd, since memory shouldn't be a problem for you
  56. Re:YOU can change the copyright laws by hyphz · · Score: 3, Insightful

    But.. we don't want there to be NO copyright laws. That's far too blanket a solution, and it hoses artists completely.

    What would be good is this:

    a) Copyright ends at death of author (not copyright holder), that's it. "But what about the kids?" They already got the advantage - genes with creative talent, and possibly a famous pedigree. We want to make sure that they use them.

    b) Every copyright is doubled. There is an author's copyright and a market copyright. The author of a work starts with both. The market copyright can be freely sold, transferred, etc. The author's copyright CANNOT be transferred from the author BY ANY MEANS. Thus, authors can still sell copyright rights if they want to, but cannot be forced to give up rights on their own work - they always have author's copyright.

    c) Legislate the creation of legal deprotection agencies. These agencies will remove copy protection measures from works once they have confirmed that they are not being used for illegal purposes. (This is not illegal under the DMCA! The DMCA makes it impossible by banning the distribution of the tools and information that would be needed to do so, but doesn't make it illegal.)

    d) Ban advertising and nationalise retail. Again super harsh. But, sadly, it is now the *ONLY* way to prevent the commercial market becoming inevitably dominated by the existing big distributors.

  57. Re:no copyrights... no NYT registration by Daychilde · · Score: 3, Interesting

    Copyright doesn't prevent anyone from building on many sources, just from basically taking something and trying to say it's yours.

    It's a relative thing, sure, and I'm not trying to argue that copyright isn't a little too much in favour of the copyright holders, but if there was no protection, there would be no reason for at least 90% of the information being published to be published.

    As much as we want to have a free society, you still expect to be paid for the hours you work, right? Well, you have to follow the money. Money has to flow *somewhere*, or the economy stops.

    There, was that a fine leap from copyright law to the entire economy? :-)

    --
    A cheerful little bird is sitting here singing.
  58. Re:no copyrights... no NYT registration by IllogicalStudent · · Score: 2, Informative

    Can you, or anyone else, recall any type of medication that really works that wasn't protected with a patent for an ungodly length of time and being sold at an extortionist rate to the wealthy?

    I apologize for responding to your intended rhetoric question, but, yes, yes I can. The drug is called Insulin, and it's used in the treatment of diabetes. Dr. Frederick Banting sold the patent on the idea to the University of Toronto for exactly $1 (Canadian funds, no less), such that it could be produced cheaply for all those with diabetes.

    Source: Government of Canada Digital Collections Archive

    --
    But Maaa! Everyone else has a .sig !
  59. Re:no copyrights... no NYT registration by instarx · · Score: 4, Insightful

    You are correct. However I have a problem with the *obscene* profits of the pharmaceutical companies.

    Yes, as they say in their press releases they spend 100s of millions on their research budgets for drugs that don't pay off, but what their press releases don't say is that they spend MORE that their research budgets on marketing and lobbying. They also don't mention that the sum of the yearly compensation packages of the top ten executives of any pharmaceutical company is usually *at least* 10% of the company's total research budget.

    There needs to be a middle ground between no profits and obscene profits that provides the maximum benefit for the society at large.

  60. Re:no copyrights... no NYT registration by angel'o'sphere · · Score: 2, Interesting


    By preventing others from using and building on the ideas freely.

    You care to point out some examples? I hardly can imagine how other people copyrights prevent me from getting ideas. Or building ideas. Or building ideas on the base of their copyrighted work. Or in distributing my ideas.

    No one can prevent me in saying: ".... as Kent Recal has pointed out on /. on January the 24th ... URL ..." and no one can prevent me from "copying" the relevant paragraph, as that is called "quoteing" and is completely legal under copyright law.

    I think most "intellectual workers" aka coders, are in heavy need to get at elast some ideas of their nations basics in copy right law.

    I mean, your dayly work is coverd by it ... don't you think you should know the legal implications about what you are doing, using etc. each day?

    angel'o'sphere

    --
    Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.