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Royal Society Issues IP Charter

An anonymous reader writes "The Economist and the Guardian both have stories about the release of the Adelphi Charter – an international blueprint for how intellectual property should be made – by Britain's Royal Society for the Encouragement of Arts, Manufacture and Commerce. The Economist says “The Adelphi group are a varied crew ranging from Gilberto Gil, the Brazilian culture minister (and pop star) to Sir John Sulston, a Nobel-winning scientist who helped decode the human genome, and James Boyle, a law professor at Duke University. They believe that the intellectual-property system is starting to lean so far in favor of private enrichment that it no longer serves the public interest.” The charter calls for evidence-based policy, and a balance between rights protection and the public domain. It also condemns business method and software patents."

250 comments

  1. Not gonna pass by Anonymous Coward · · Score: 0

    No way will this get signed into law.

  2. In other news.... by russotto · · Score: 2, Funny

    ...top mice vote to bell cat.

    1. Re:In other news.... by Landshark17 · · Score: 1

      and the Royal Society for Putting Things on Top of Other Things, said that we need to be putting more things on top of other things.

      --
      This sig is false.
  3. Fatalism by Chrontius · · Score: 4, Insightful

    "Top mice vote to bell cat" Yeah, yeah, more we can't win attitude.

    Will current posters please instead offer suggestions for how to get the Government to pay attention instead of whining? Or at least, do both? How many millions of smart (don't prove me wrong) people read this? We're a force of Nature on the Internet, capable of manually DDoSing servers into a meltdown.

    Let's turn that power to doing good -- statistically, at least one person here is bound to have a good idea.

    1. Re:Fatalism by Raul654 · · Score: 4, Insightful

      "Will current posters please instead offer suggestions for how to get the Government to pay attention instead of whining?"

      Easy answer - in discussions with 'said government officials, point to other innovative or useful applications of copyleft and the public domain. GNU and the GPL, Project Gutenberg, and Wikipedia are probably the best examples. (Full disclosure - I am a prolific Wikipedia contributor). The surging disaster that is copyright and patent protection threatens such projects. On the other hand, their redistributable nature has made them wonderful sources of the most unexpected applications - witness the incorporation into google of Wikipedia's database for Google Answers.

      --


      To make laws that man cannot, and will not obey, serves to bring all law into contempt.
      --E.C. Stanton
    2. Re:Fatalism by belmolis · · Score: 4, Insightful

      I think that to see lots of organizations and individuals taking public positions like this and making sure that their government representatives are aware of it. So long as outfits like the RIAA are able to give the impression that they represent the "content creators" and that the only people who have problems with the way "IP" law has developed are people too cheap to pay for their entertainment and long-hair hippie programmers, they'll stay in the driver's seat. It's important for prominent scientists, engineers, inventors, film-makers, authors, musicians and the like, in short, the real creators and innovators, to make it clear that they regard the current IP regime as intolerable.

    3. Re:Fatalism by QuantumG · · Score: 4, Insightful

      Peaceful protest no longer works. Violent protest no longer works. A military coup won't work. So what's left? Campaign contributions. The only way to influence politics is with money. Therefore the people who influence politics to get money are the ones who will be able to influence politics the most with money. No, the only way to get out of the copyright mess we are in now is to educate the public. At present they still have the right to choose to use works that are freely licensed over works that are not. When the public stops paying the copyright cartel their political influence will fade and then maybe we'll have a brief chance to get rid of these crazy laws.

      --
      How we know is more important than what we know.
    4. Re:Fatalism by Anonymous Coward · · Score: 1, Insightful
      Will current posters please instead offer suggestions for how to get the Government to pay attention

      I think the fact that James Boyle, professor of Law at Duke University, had to turn to a British magazine to publish that article speaks volumes about what it will take to make US politicians pay attention.

      The fact is, the US media is completely dominated by a few very large corporations with a vested interest in expanding US copyright laws. They get most of their revenue (advertisement dollars) from large corporations with a vested interest in expanding patent laws. Finally, members of congress get elected based on how they are portrayed in the media. Members of congress that stand up to the media don't last very long.

      So to answer your question, to make politicians care, you will have to make the American people who vote for them care. To do that, you will have to become the media.

    5. Re:Fatalism by TheGavster · · Score: 4, Funny

      I wonder how frequently I would need to mail $100 bills with "Repeal the DMCA" on them to my congresspersons before they would do something ...

      --
      "Because Science" is one step from "Because old book". Try "Because of my experiment testing my falsifiable assertion".
    6. Re:Fatalism by holy_robot · · Score: 1

      Assuming the bills keep coming so long as the congresspersions do nothing, it will take infinitely long. In this case, inaction == more hundred dollar bills.

      --
      Just cause you feel it doesn't mean it's there.
    7. Re:Fatalism by Jerry+Coffin · · Score: 5, Insightful

      Will current posters please instead offer suggestions for how to get the Government to pay attention instead of whining?

      Sure. Start by coming up with a really solid reason the government officials should believe what you believe, and finish by making sure the governemnt officials know there are a lot of people who agree with you. As a bonus, make it apparent that most (if not all) of those people are (at least potential) voters.

      It really is that simple in most cases. The problem so far has been that nearly every argument against (for one example) patents applying to software has been exceptionally weak.

      You have to be prepared to deal with issues like why expressing a particular piece of logic in C or Ada doesn't deserve patent protection, while expressing the same logic in Verilog or VHDL, which look identical to a non-programmer should deserve that protection. Likewise, why a device that fits the description in a patent claim should not be protected if the implementation happens to be (even in part) carried out with an embedded processor with embedded code, even though it's not at all apparent to the outside world that there's any software involved at all.

      Along with that, you're going to have to define your terms so the distinction you're trying to make is sensible to somebody who neither knows nor wants to learn the details of the issue at hand.

      At least in the US, you also have to deal with the fact that patents on inventions are enshrined in the constitution, so you'll have to figure out whether you want to revise the constitution itself, or only the patent laws that are written under that constitution. Again, when/if you do that, you'll have to make your decisions and arguments sensible to relatively average Joes on the street, not just to other programmers.

      In the end, laws need to make clear-cut distinctions between what is allowed and what isn't. The reasons for those distinctions generally need to be seen not only by specialists, but by by the public at large, as meaningful and sensible. If that is not the case, even if a law is passed, changed, etc., it will almost certainly be ignored anyway.

      So far, what I've seen indicates that the major problem with software patents isn't that they're allowed -- it's that for a long time they were NOT allowed. The problem here is that the patent offices of the world tend to treat previous patents (and applications) as their primary source of information about existing art. Since (for a long time) patents on software weren't allowed, nobody applied for them, so the patent office lacks a base of knowledge about what's really new and what's not.

      Another factor tends to apply to patents in general, not just software patents -- I think there's a general belief that the tendency should be to assume something is not not patentable, and require the applicant to prove that it is original. At least in the US, the law more or less reverses that though, saying the patent shall be issued unless the patent office can prove that it's not patentable.

      There are some other details along with that (e.g. the standard of evidence for getting a patent issued is much lower than for proving it's invalid) but it seems to me that when you get down to it, the problems we see are far less with software patents in general than with the way they've been implemented, that has led to the patent offices of the world believing, in essence, that any example of having an IQ higher than the average dog qualifies as novel and brilliant.

      At least in my opinion, this is where the real changes need to take place. As it happens, along with making more sense, at least to me, these are also changes that are likely to be much easier to make. Most lawmakers are also lawyers, and doing something like adjusting the standard of evidence one step higher in a particular area is something with which they're quite comfortable. My guess is that they're likely to see s

      --
      The universe is a figment of its own imagination.
    8. Re:Fatalism by 10101001+10101001 · · Score: 1

      Is that sort of like "How many licks to the center of a tootsie roll pop?"? Perhaps what is needed is an owl to do a few licks then bite right through to reach the goal. I don't think that simply sending in $100 bills will do the job.

      --
      Eurohacker European paranoia, gun rights, and h
    9. Re:Fatalism by Anonymous Coward · · Score: 0

      Vote Libertarian or Green, depending on which way you swing?

    10. Re:Fatalism by edbosanquet · · Score: 1

      I entirely disagree. You infulance politics by talking to your friends and family about the importance of your beliefs. If you belive something and you convice some people, it might not be much but eventually the congressmen start to feel the pressue to take other positions. If you think that just because you think the current IP laws are wrong overnight the rest of socity will change I think you are going to be disappointed (clearly you already are) but if you are willing to say whats right today, tomorrow and 10 years from now things will change. Look at drug laws, in some cities and towns cops are no longer arresting people for it. People and States dont continue to belive a little marijuana makes you an unamerican communist. In genral societys opinion of things has changed over the past 20 years and the mass opinion shift was not at once but a long series of individuals and organizations like NORML making the case day after day. If places like slashdot keep the faith with a distaste for current IP laws the feeling will spread and no amout of money can stop the will of the people. Money can make things easier and quicker or harder and slower but it cannot stop the will of the people.

    11. Re:Fatalism by waferhead · · Score: 4, Insightful

      Or ban the ability for "no-persons" (AKA Corporations) to contribute at ALL. In ANY way.
      That would put their "influence" back to the traditional bribery and graft scenario ;-)

      No vote? NO SAY.

    12. Re:Fatalism by Bogtha · · Score: 2, Interesting

      Start by coming up with a really solid reason the government officials should believe what you believe, and finish by making sure the governemnt officials know there are a lot of people who agree with you.

      Isn't that the wrong way around? Shouldn't the politicians have given a really solid reason why we should obey their law and finish by making sure there are a lot of people who agree with them? And don't you think such laws are automatically invalid until such rationale has been given? Perhaps in a dictatorship your way around is correct, but not in a democratic republic.

      Since all laws restrict our freedom in some fashion or other, the burden of proof must always be on the person claiming that a law is necessary. So far, I haven't seen any evidence that copyright should ever have been extended, or that patents should ever have been applied to software.

      --
      Bogtha Bogtha Bogtha
    13. Re:Fatalism by QuantumG · · Score: 1

      You infulance politics by talking to your friends and family about the importance of your beliefs. If you belive something and you convice some people, it might not be much but eventually the congressmen start to feel the pressue to take other positions.

      What pressure? The fear of losing to the other guy at the next election? That other guy stands for the exact same thing as them. You, as a voter, have essentially two choices: vote for corporate america, or throw your vote away. Because that's what you do when you vote for a minor party or an independant. The system has been gamed, and the only way to beat the game is to change the system. Unfortunately the game is over. You lose.

      --
      How we know is more important than what we know.
    14. Re:Fatalism by Anonymous Coward · · Score: 2, Funny

      I don't know, but we can find out how long it takes to repeal the DMCA by mailing me $100 bills on a continual basis!

    15. Re:Fatalism by Excen · · Score: 1

      . . . statistically, at least one person here is bound to have a good idea.

      Which is never seen due to stupid mod point application . . .

      --
      "No beer until you finish your tequila!" -Leela's Dad
    16. Re:Fatalism by Meagermanx · · Score: 1

      That's an operant conditioning positive reinforcement.
       
      Rock on, Psychology 110.

    17. Re:Fatalism by Meagermanx · · Score: 1

      One word: Libertarian.

      Those guys don't even believe in laws. They're like anarchists, but with more chewing tobacco.

    18. Re:Fatalism by QuantumG · · Score: 2, Interesting

      We do believe in laws. We just don't believe in passing laws to restrict freedom. In a nutshell, the Libertarian point of view is: Get out of my way and I'll get out of yours. I should be free to do anything I want, so long as I'm not hindering anyone else from doing the same.

      Not that voting for a Libertarian is going to help you. He who has the biggest campaign budget wins the election. If you're not "on the take" you can't possibly beat the people who are. Therefore anyone who is in office is there because they've accepted bribes. End of story.

      --
      How we know is more important than what we know.
    19. Re:Fatalism by Anonymous Coward · · Score: 0

      A military coup won't work.

      Hugo Chavez might take issue with that. Although his actual coup attempt failed, he still managed to become presidente and completely change the way Venezuela works.

      Are we north americans really so powerless? Or have we just allowed ourselves to be convinced we are...

    20. Re:Fatalism by Anonymous Coward · · Score: 0

      But who can we find who would bite through the head of a corrupt politician?

    21. Re:Fatalism by bzipitidoo · · Score: 3, Insightful
      Don't need to be so active about the politicing, though that can help. Vote with your choices and your feet. Don't buy RIAA music. Ignore the restrictions and do what you need to do. These intellectual property regimes are "on the wrong side of history". They'll eventually lose. Sure, I'd like to see it happen faster, perhaps by having a King John of England Magna Carta day. Would be sweet to drag the RIAA and MPAA and other relevant organizations kicking and screaming to sign an "Info Carta", but I doubt these organizations will ever gain enough power to enforce their extreme views and thereby provoke a major backlash. 100 or 200 years from now current restrictions will look as ridiculous as the early restraints placed on the Gutenburg press. England had a Printer's Guild that took it upon itself to decide what training was necessary (long and costly of course), who could be a printer, and what could be printed. And, naturally, they abused this power with artificial barriers (took a lot of approval and bureacracy and perhaps a little palm grease too to publish something) and ever higher prices. Doesn't that Printer's Guild sound like the RIAA/MPAA's most fervent dreams?

      More important is to open the minds of those whom these organizations have successfully brainwashed into thinking copying = theft. Once an overly moralistic friend of mine called me up and opened the conversation with a patronizing "Have you been pirating again?" No, he was not joking. So I cut loose on him. I told him how I *bought* OS/2 version 3, thinking it came with networking capability same as Windows. Didn't occur to me that OS/2 might not have networking included, so I didn't check on that. After I opened the box, thereby making it unreturnable, I found an EULA saying, among other things, that I wasn't allowed to use it on more than 1 computer, and a note in the back of the manuals saying networking was not included and I'd have to pay twice as much again for that feature. I also pointed out that it wouldn't cost IBM one penny in extra materials if I put OS/2 on a 2nd computer-- no 2nd copy of the manuals, disks, and so on needed, and so I didn't see why I should have to pay full price to be allowed to put it on a 2nd computer. And also, why shouldn't be just as logical to think that this restriction to one meant one user/many computers, not one computer/many users? I bought a pig in a poke, and got burned. He conceded I had some points and ended by saying my morals were my business.

      --
      Intellectual Property is a monopolistic, selfish, and defective concept. It is "tyranny over the mind of man"
    22. Re:Fatalism by QuantumG · · Score: 1

      Things are getting worse, not better, and they have always been doing so. As for your rant about OS/2, copyright doesn't make sense, it's not supposed to, they can put any restrictions they want on you and if you don't follow it you are breaking the law. Not that this has anything to do with morals and that's what you should have told your patronising friend.

      --
      How we know is more important than what we know.
    23. Re:Fatalism by Mac+Degger · · Score: 1

      "You, as a voter, have essentially two choices: vote for corporate america, or throw your vote away. Because that's what you do when you vote for a minor party or an independant"

      That really is one of the more idiotic, uncomprehending-of-the-dmocratic-process, yet all too frequent posts I see here on /. and a lot of other US-centric boards. Please get rid of that republican-think-tank-planted-meme, and maybe you will find that if enough people vote for a different party, that party6 wins.

      It just doesn't happen overnight; such things take years of momentum build-up.

      --
      -- Waht? Tehr's a preveiw buottn?
    24. Re:Fatalism by QuantumG · · Score: 1

      We were talking about the US, how can it not be US-centric? There is literally no hope of a third party ever winning in the US. Your choice is Bob or Bob.

      --
      How we know is more important than what we know.
    25. Re:Fatalism by Anonymous Coward · · Score: 0

      The interesting point is that individuals who are supposed to be protected by the current IP system are against that system...
      This shows more than clearly that the system dosen't work the way it should.

    26. Re:Fatalism by Anonymous Coward · · Score: 3, Interesting

      "I wonder how frequently I would need to mail $100 bills with "Repeal the DMCA" on them to my congresspersons before they would do something ..."

      Hmmm that is an interesting idea, a campaign to put on $1,5,10,20,100 dollar bills "Repeal the DMCA" then simply spend them. Have the person's head say it as a speech balloon, if enough people do it it can make headlines.

      Probably illegal I'd guess in the United States, to deface money?

      Nice little protest.

    27. Re:Fatalism by The+OPTiCIAN · · Score: 4, Insightful

      Before I continue - I realise that you aren't the source of the copyleft phrase, but you're using it which is why I'm posting here.

      This whole 'copyleft' catchphrase really does our cause no favours. It muddies the water and scares off people who are not left who should be our allies. Hayek is arguably the definitive right-wing, twentieth century economist. Look at this paragraph from p35, _The Fatal Conceit: The Errors of Socialism_, 1988:
      """
      Just to illustrate how great out ignorance of the optimum forms of delimitation of various rights remains - despite our confidence in the indispensability of the general institution of several property - a few remarks about one particuilar form of property may be made.

      [... he introduces immatierial property rights invented recently having to do with as example literary productions and technological inventions]

      The difference between these and other kinds of property rights is this: while ownership of material goods guides the user of scarce means to their most important uses, in the case of immaterial goods such as literary productions and technological inventions the ability to produce them is also limited, yet once they have come into existence, they can be indefinitely multiplied and can be made scarce only by law in order to create an inducement to produce such ideas. Yet it is not obvious that such forced scarcity is the most effective way to stimulate the human creative process. I doubt whether there exists a single great work of literature which we would not possess had the author been unable to obtain an exclusive copyright for it; it seems to me that the case for copyright must rest almost entirely on the circumstance that such exceedingly useful works as encyclopaedias, dictionaries, textbooks and other works of reference could not be produced if, once they existed, they could freely be reproduced.

      Similarly, recurrenc re-examinations of the problem have not demonstrated that the obtainability of patents of invention actually enhances the flow of new technical knowledge rather than leading to wasteful concentration of research on problems whose solution in the near future can be foreseen and where, in consequence of the law, anyone who hits upon a solution a moment before the next gains the right to its exclusive use for a prolonged period (Machlup, 1962).
      """

      I realise 'copyleft' is meant to be cute, but it's really unstrategic. A lot of people tend to think that impies bad economic underpinnings when the word 'left' is used.

      --


      Believe with me, my saplings.
    28. Re:Fatalism by Znork · · Score: 2, Interesting

      The whole IP terminology is defective. Consider for example that as state enforced and state granted monopolies the concept of IP has little in common with free market economy, and even less with any form of 'property'. As a taxation system where the monopoly rent can be compared to a private taxation right on specific products, the IP concept is far from both left and right politics and really shows its roots; it's mostly comparable to some form of feudal economy system where nobles were given such monopoly rights or other taxation rights in exchange for supporting the crown.

      Unfortunately, most of the players have an active interest in using such flawed terminology, as they would otherwise find it very difficult to obtain any serious support.

    29. Re:Fatalism by DigitumDei · · Score: 1

      "Ever" is a long time; things change over time, regardless of how entrenched they looks now.

      Admittedly though, with the current attitude it seems your 2 party system won't be changing anytime soon.

    30. Re:Fatalism by Tim+C · · Score: 1

      How does copyright threaten Wikipedia or GPLed projects?

    31. Re:Fatalism by The+OPTiCIAN · · Score: 1

      Yes, but "Intellectual Property" is a term invented by their camp which furthers their aim (ie: it's 'evil', but it makes sense from their perspective). What I was criticising was "copyleft" which is used by many in our camp and actually hampers us reaching our aims (ie: it's 'stupid' and doesn't make sense from our perspective).

      It's one thing to invent terms that further your cause like 'intellectual property', 'piracy' and 'theft' as a reference to copyright infringement (something that's not theft and nothing like it). It's ... something else to invent terms that do damage to your own side.

      This was a weird reply to write, because although you've posted in reply to me I don't think you've actually replied to me.. ?

      --


      Believe with me, my saplings.
    32. Re:Fatalism by Anonymous Coward · · Score: 1, Funny

      Ozzy Osbourne!

    33. Re:Fatalism by Raul654 · · Score: 4, Insightful

      Wikipedia doesn't exactly have deep pockets. All it would take is one costly copyright infringment suit to effectively bankrupt the project. Bear in mind that many times every day, someone will - without giving copyright law much thought - simply copy and paste stuff they find on other pages on the internet. Have you seen Wikipedia's list of possible copyright violations? It's huge.

      --


      To make laws that man cannot, and will not obey, serves to bring all law into contempt.
      --E.C. Stanton
    34. Re:Fatalism by MooUK · · Score: 1

      You're right, it SHOULD be the other way round.

      But you forget that what has to be done is to convince the officials, who don't like your way of thinking, to do what you want. And hence your way won't work, and the GP's should do.

    35. Re:Fatalism by temcat · · Score: 1

      I always thought that the "left" part in "copyleft" was a participle of the verb "leave" (meaning that a copy is left for each), and not an adjective "left" referring to political views...

    36. Re:Fatalism by Fjan11 · · Score: 1

      I realise you mean this as a joke, but it would actually seem like a very good idea to get media attention. If we mail $1 bills, it would work just as well and we could get people to mail hundreds. Bribing public officials is illegal, but as long as you don't write your name on the envelope I'm sure you can get away with it. A sure way to grab media headlines with a clear message: we bribe 'm back...

      --
      This sig is just as redundant as the rest of this posting
    37. Re:Fatalism by Znork · · Score: 1

      Ah, I didnt disagree with you, I just pointed out that the whole terminology needs to be throughly changed for any sort of rational economic/political discussion.

      The 'left'/'right'/'property' associations are bad, altho in non-US countries, the 'left' association may actually garner the same misdirected support as 'right' or 'property' do in the US. The point being that the entire terminology _has_ to go or it will be impossible to ever reach a constructive solution to the issues, for either side.

      To solve the issues the debate needs to be reframed in the actual economical essence of the issues. For patents you could reframe it something like this:

      Investment in innovation might need to be stimulated, therefore there may need to be an extra incentive in the form of higher ROI. Market freedom needs to be maintained to achieve the beneficial effects of market capitalism, therefore monopolies cannot be an acceptable form of incentive. Innovative and better products need to be adopted and integrated into the economy and production as fast as possible, therefore there should be no price premium on such products, which again means that monopoly rent is not an appropriate stimuli as it counters that goal. As research intensifies, cross-research-team integration becomes highly desireable and likely, which means legal barriers to integration must be avoided. Again, monopoly rights are counterproductive; to obtain the maximum economic and social benefit any manufacturer or researcher must be allowed to instantly integrate advances from other areas without a premium.

      When you dont use the propaganda terms from either side the whole issue is much easier to rephrase in a way that makes it far easier to actually create a beneficial solution for all. Constructing incentives that fulfill the actual intents and purposes of such goals isnt impossible, it just remains impossible and enforces irreconcilable sides as long as the entire debate is phrased in the current terms.

    38. Re:Fatalism by indifferent+children · · Score: 2, Insightful
      We just don't believe in passing laws to restrict freedom.

      What about the freedom to:

      • Dump unwanted mercury into rivers
      • Have sex with 'consenting' children
      • Maintain a monopoly by undercutting your competitors at below-cost prices
      • Maintain a monopoly by coercing OEMs into bundling only your products with theirs
      • Only serve people who look like you at your lunch counter
      --
      Censorship is telling a man he can't have a steak just because a baby can't chew it. --Mark Twain
    39. Re:Fatalism by indifferent+children · · Score: 1
      That other guy stands for the exact same thing as them.

      Yeah, because Bush and Gore stand on the same side on all of these issues:

      • Abortion Rights
      • Prayer in Schools
      • The Environment
      • Free Trade
      • Tax Cuts for the Wealthy
      • Gun Control
      • Teaching Intelligent Design in Schools
      • etc
      You have drunk the Nader Koolaid that says that there is no difference between Democrats and Republicans.
      --
      Censorship is telling a man he can't have a steak just because a baby can't chew it. --Mark Twain
    40. Re:Fatalism by indifferent+children · · Score: 1
      Vote with your choices and your feet. Don't buy RIAA music.

      Or go one step further. Find backing (one rich individual, or tens of thousands of small shareholders) to start a new record company. This company will not join the RIAA, and will enter into a 'Fair Trade' contract with its artists (and its customers). You will need to be able to offer to the artists, the same services and benefits that are offered by the major record labels (minus the screwing-over service). The biggest hurdle will probably be your inability to get commercial radio stations to play your music, but maybe iPod+internet can be as effective as commercial radio?

      --
      Censorship is telling a man he can't have a steak just because a baby can't chew it. --Mark Twain
    41. Re:Fatalism by QuantumG · · Score: 1

      Yep, environment, children, economy management, racism. They're all battle cries for big government. Nevermind the fact that Libertarians are in favor of civil lawsuits against companies that poison the environment (assuming that poisoning actually causes any harm, if it doesn't then you have no right to restrict me, animals do not have rights). Children have absolutely no place in society. Don't get me started on that. Most monopolies are granted by governments, in which case the government has a duty to break up that monopoly, and then immediately get the hell out of the way. If the monopoly was gained legitimately and without the aid of coercion (aided by government or not) then the government should butt out. As for racism, it's a strange and complex phenomona.. no-one knows what the best action is to thwart it. Maybe government involvement is necessary. But whatever government involvement is justifiable in society it is not a blank cheque to tyranny.

      --
      How we know is more important than what we know.
    42. Re:Fatalism by QuantumG · · Score: 1

      What they both stand for is taking vast sums of money from special interest groups and ignoring the needs of their constituents. That's what makes them both the same. Obviously they're both taking money from different people, very few can afford to back both horses.

      --
      How we know is more important than what we know.
    43. Re:Fatalism by NickFortune · · Score: 1
      At the risk of being modded flamebait, may I say that for a nation that fought tooth and nail for their independence, and that regularly proclaims itself the home of Democracy, some of you fellows seem to take a perverse pride in telling each other how your badly Democracy is broken and how it will likely never work again

      I'd have expected the US people to say "the foundation of our great nation is being undermined! time to take action". Instead an outsider could almost come to believe that US citizens don't mind ground into the dirt. Just so long as the jackboots have "Made in the USA" printed on the sole.

      I appreciate that not all Americans think this way. It's just that given your history, I'm continually surprised that any of you do.

      --
      Don't let THEM immanentize the Eschaton!
    44. Re:Fatalism by HuguesT · · Score: 1

      Your ideas are intriguing:

      > assuming that poisoning actually causes any harm, if it doesn't then you have no
      > right to restrict me, animals do not have rights.

      Poisoning by definition causes harm. Animals that get harmed by noxious substances eventually and inevitably find their way into people. Look up Minamata.

      > Children have absolutely no place in society. Don't get me started on that.

      Really? please do get started, what do you mean exactly?

      > If the monopoly was gained legitimately and without the aid of
      > coercion (aided by government or not) then the government should butt out.

      How do you ascertain that? by fiat or by trial?

      > But whatever government involvement is justifiable in society it is not a
      > blank cheque to tyranny.

      Do you really think libertarians have a kind of monopoly on this opinion?

    45. Re:Fatalism by Anonymous Coward · · Score: 0

      so-called "IP" has more in common with welfare than property.

      why don't we call it "intellectual welfare" instead ?

    46. Re:Fatalism by The+OPTiCIAN · · Score: 1

      OK. Thanks for your respectful reply!

      > The 'left'/'right'/'property' associations are bad, altho in non-US
      > countries, the 'left' association may actually garner the same
      > misdirected support as 'right' or 'property' do in the US.

      Well (as you go on to say your self) ideally we'd be trying to avoid left and right altogether and focus on the fact that our ideas are better for completely non-tribal reasons.

      I've been trying to deal with patents in my mind for a while. My father and I usually finish debates over these sort of policy issue at an impass on patents: he argues that there needs to be sufficient incentive for investment; I argue that the current system is so contrived as to obscure us from seeing what the world would be like in its natural state and we go no further.

      So I'm sticking your comments on my blog. :)

      You seem to be heading in a similar direction to me.

      I noticed this from another thread:
      > I think _economists_ need to rally about the fact that intellectual monopoly law
      > inherently is a form of taxation and subsidy

      Dare we cry 'protectionism'? ;)

      --


      Believe with me, my saplings.
    47. Re:Fatalism by Sepper · · Score: 1

      You mean something like: http://music.podshow.com/

      --
      I live in Soviet Canuckistan you insensitive clod!
    48. Re:Fatalism by greenrd · · Score: 2, Insightful
      That's why the DMCA takedown provisions are so important. The DMCA takedown provisions actually protect publishers like Wikipedia from being sued just due to the actions of one individual.

      Unfortunately, these provisions do not exist in every jurisdiction, and there are no similar provisions for libel, as far as I know.

    49. Re:Fatalism by Wolfbone · · Score: 4, Interesting
      "It really is that simple in most cases. The problem so far has been that nearly every argument against (for one example) patents applying to software has been exceptionally weak."

      You are shifting the burden of proof and rather distorting the facts: You may only ever have seen exceptionally weak arguments, but that is not because only exceptionally weak arguments have ever been deployed - quite the converse is true*. The problem so far has instead been that no argument with even a semblance of strength for introducing software patents has ever been produced. And however weak you think any argument against the expansion of patentable subject matter is, it automatically wins unless you have a strong argument in favour of that expansion. But the expansion has occurred anyway of course, and in the face of strong arguments and strong opposition from industry and academia. That many companies, academics and individuals had to make such arguments at all illustrates the appalling state of recent policy making in this area (if you can call it policy making). Any credible economist will tell you that patent scope expansion without prior empirical and sound theoretical justification is verboten. Too bad - the damage is done and in the US it seems the fight's effectively over now, but the rest of what I want to say is appropriately Eurocentric anyway.

      *
      http://researchoninnovation.org/online.htm
      http://www.si.umich.edu/~kahin/mip.html
      http://swpat.ffii.org/archive/mirror/impact/index. en.html
      http://philsalin.com/patents.html
      http://lpf.ai.mit.edu/Patents/knuth-to-pto.txt
      http://www.spectrum.ieee.org/jul05/1557
      http://www.dailytimes.com.pk/default.asp?page=stor y_16-8-2005_pg5_12
      http://swpat.ffii.org/archive/quotes/index.en.html

      "You have to be prepared to deal with issues like why expressing a particular piece of logic in C or Ada doesn't deserve patent protection, while expressing the same logic in Verilog or VHDL, which look identical to a non-programmer should deserve that protection."

      That is definitely not an issue. One does not ask whether or not some invention deserves a patent, but whether or not it is patentable subject matter at all and your example is a poor one because if the claims of a patent are directed to the expressions of logic, then they are software patent claims.

      "Likewise, why a device that fits the description in a patent claim should not be protected if the implementation happens to be (even in part) carried out with an embedded processor with embedded code, even though it's not at all apparent to the outside world that there's any software involved at all."

      The distinction between hardware and software is not useful and is not at all relevant to the question of whether a patent claim is a software patent claim or not. One way to discover how the distinction between software patent and non-software patent is determined (and it is not always easy) is to read the way it is expressed by Judge Peter Prescott QC in his recent CFPH decision, in which he carefully and fully interprets the EPC Article 52 exclusions. Unfortunately, Prescott's interpretation seems to me to leave a lot of room for claiming things such as image enhancement techniques derived from purely mathematical considerations, but at least compression algorithms and data manipulation and data st

    50. Re:Fatalism by indifferent+children · · Score: 1
      Nevermind the fact that Libertarians are in favor of civil lawsuits against companies that poison the environment (assuming that poisoning actually causes any harm, if it doesn't then you have no right to restrict me

      So if I think that I have been harmed by the mercury that you dumped, I have prove that I was harmed not only by mercury, but by the molecules of mercury that you dumped. And if I was harmed by your mercury but can't prove that it was yours and not your neighboors mercury that harmed me, I can just screw off while you and your neighboor get to keep dumping mercury. Isn't it enough for us to know that mercury is bad for people. What a stupid system you propose.

      --
      Censorship is telling a man he can't have a steak just because a baby can't chew it. --Mark Twain
    51. Re:Fatalism by Anonymous Coward · · Score: 0
      Isn't that the wrong way around? Shouldn't the politicians have given a really solid reason why we should obey their law and finish by making sure there are a lot of people who agree with them?

      No, this is the United States of America.

      And don't you think such laws are automatically invalid until such rationale has been given? Perhaps in a dictatorship your way around is correct, but not in a democratic republic.

      *cough*

    52. Re:Fatalism by QuantumG · · Score: 1

      No, you're right, I really should have said that Libertarians support laws that restrict only specific freedoms.. like the freedom to hinder others.

      --
      How we know is more important than what we know.
    53. Re:Fatalism by Svartalf · · Score: 1

      Nice straw-man argument there. In each of these line items of yours, only the
      really bent would agree that you should have a right to do those things because
      they really are, without a doubt, highly detrimental to the environment and
      the populace at large- and a Libertarian would consider those things to be things
      that just aren't freedoms to be allowed. Libertarians are about freedom without
      harms- if it harms everyone other than the given individual, then it's a problem.
      If it harms just the individual, done by the individual, then it's a non-problem.

      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    54. Re:Fatalism by bzipitidoo · · Score: 2, Insightful
      they can put any restrictions they want on you and if you don't follow it you are breaking the law.

      This is the sort of brainwashing I'm talking about. No, they can't put any restrictions they want in the agreement and expect it to hold up in court. They're hoping users will be impressed by the authoritative tone and just roll over. They can argue about what constitutes, for example, Fair Use. Or they can try to say users must waive their Fair Use rights, but they can't enforce that. They can even lobby to pass bad laws so that it really is legal for them to trample on Fair Use, but even that might not hold up in court, and both EULA and law might be struck down if challenged. Of course they're counting on the expense of court battles to help them get away with it. Feel free to question authority, so that not all abuses of authority will pass. The law isn't to blame when these jokers write bad EULAs and try to represent them as the law. That's like blaming the police because someone who isn't one impersonated a police officer and told you that some legal act you were doing was illegal and to stop doing it.

      I wasn't complaining about OS/2 per se, I was complaining about "shrinkwrap EULAs" and similar things, and used my experience with OS/2 as an example. An End User License Agreement that cannot be viewed before a purchase has no legal force. And an EULA cannot have users give up their Constitutional rights. An example of such is the right to be secure from unreasonable searches and seizures. Another EULA from a vanished company called Timberwolf-- and I wish I'd kept a copy as it was the most extreme EULA I've ever seen-- said the company had the right to enter users' place of business and search their computers to verify that the users were complying with the license! The govt can't do that without a search warrant.

      These reactionary forces are desperately screaming "pay no attention to that man behind the curtain". But we are. Copying is a fact of physics and nature. No amount of law or moralizing can change that, any more than an act of law can change the value of pi. And don't be ridiculous-- things are getting better, and they have been doing so most times.

      --
      Intellectual Property is a monopolistic, selfish, and defective concept. It is "tyranny over the mind of man"
    55. Re:Fatalism by Anonymous Coward · · Score: 0

      Oh shut up. You and your ilk are all naive and foolish. Your solution is to not buy RIAA music? Yes, this magical theory will of course completely destroy them and their kind. Do you not see the insane fallicy with your theory? You are not their target audience, you and your friends not buying RIAA music has 0 effect on them. How do you not see this? For you to "ostrich" and put your head in the sand about the problem solves nothing. And you know what, you actually become part of the problem. It's stupid people like yourself that think that ignoring it (which is essentially what you're advocating) will solve it. Yes bud, don't buy their music... I'm positive that they won't notice in the slightest that you haven't. Why don't you try and get the high school kids to not buy the RIAA music? Good luck. You're gonna need a stronger strategy than let's (people who rarely buy CDs, people who aren't their target audience, people who they probably don't care about one bit) just not buy their stuff.

      I'm sick of this argument. It's people like you that lead us down the slippery slope with your let's pretend we're fighting them with our "vote with our choices" crap. You're not fighting them, you're rolling over and moving to the next best thing in line, which is non-RIAA music. Why don't you instead actively fight them. Peacefully fighting them is the same as supporting them. Grow up and realize it, moron.

    56. Re:Fatalism by indifferent+children · · Score: 1
      Libertarians are about freedom without harms- if it harms everyone other than the given individual, then it's a problem.

      I agree with your sentiment, but it does not reflect Libertarian belief*. Libertarians oppose environmental laws against dumping toxins in rivers*. The Libertarian view is that an individual who can prove that they have been harmed must come forward and sue in civil court*. Preventive laws are not permitted in their view.
      * My understanding of this comes from debating (privately) a Libertarian Party candidate for state senate in the state of Florida. If his views are not 'official' Libertarian views, then whose are?

      --
      Censorship is telling a man he can't have a steak just because a baby can't chew it. --Mark Twain
    57. Re:Fatalism by Seanasy · · Score: 1

      Talk to your congress person. Face to face. Be nice. Bring a couple friends -- preferably who have jobs in the field or standing in the community but they should at least be constituents.

      Most people don't realize that it's easy to set up a meeting with your representatives (state and federal). Most actually want to meet with you and get your opinion. Views expressed in person carry more weight. That's why good lobbyists aren't thirty-somethings bitching about the state of things to other posters on Slashdot. They're in D.C. constantly getting face time.

      But you don't have to be a slime-ball with a big expense account to lobby your own representative. Make an appointment at their office. Go prepared to clearly and succinctly express your view of an issue and what you'd like your representative to do about it. Be ready for questions. Be nice. Don't assume they're against you from the start.

      Corporations do this all the time because it works. It works because it's the clearest, easiest way for a rep to know what people want her to do. If she only hears from corporations, guess how she'll vote? Private citizens expressing their concerns in an organized, polite way does carry a lot of weight.

      How to Lobby Your Legislator

    58. Re:Fatalism by dptalia · · Score: 1
      Unfortunately, corporations have as much rights to freedom of speach as do individuals. So we can't block their donations as it violates their rights.

      What we need is open donations. ALL donations (and not just those over a certain dolar amount) should have to be post publicly, within a short period of time (I'd like it to be within 24 hours of receiving the donation, but I'm willing to compromise to a week).

      --
      Genius is one percent inspiration and 99 percent perspiration, which is why engineers sometimes smell really bad.
    59. Re:Fatalism by indianajones428 · · Score: 1

      Probably illegal I'd guess in the United States, to deface money?

      According to the Bureau of Engraving and Printing, it's only illegal if it's done "with intent to render such item(s) unfit to be reissued." Since this type of modification is made with the intent to keep the bill in circulation, it's perfectly legal.

      Which is why they haven't shut down sites like Where's George.


      --
      When a thing has been said, and said well, have no scruple. Take it and copy it. --Anatole France
    60. Re:Fatalism by russotto · · Score: 1
      I'd have expected the US people to say "the foundation of our great nation is being undermined! time to take action".Instead an outsider could almost come to believe that US citizens don't mind ground into the dirt. Just so long as the jackboots have "Made in the USA" printed on the sole.

      That outsider would be right. Most US citizens _don't_ mind being ground into the dirt; they just happily throw their lighters away into the TSA bins, smile as their cold medicines are taken off the shelves, and contendly watch the commercials at the beginning of their DVDs. That's a large part of why the US will never be free again; there's no constituency for freedom. The foundation of our great nation _has been_ undermined. It is too late for any action.

    61. Re:Fatalism by Meagermanx · · Score: 1

      I think what he's trying to say is that children aren't a part of society, don't deserve the right to an education, not getting their asses beat, and not being raped.

      I think he's saying they're like animals.
      Which, of course, don't matter.

    62. Re:Fatalism by Jerry+Coffin · · Score: 1

      You are shifting the burden of proof

      No, I'm not. The current policy (e.g. in the US) allows patents on software. You're advocating a change in that policy. Anytime a change in policy is advocated, the people advocating that change have the burden of proving that the change is necessary, good, etc.

      IMO, you're the one who's distorted the facts somewhat. You've acted as if at one time computer software was universally legally excluded as patentable subject matter, and then the laws were changed to allow it. At least in the countries of which I'm aware, this simply is not the case -- there never was a time that laws said software wasn't patentable subject matter. There was simply a time at which software didn't exist, and the laws didn't mention it at all. Most patent offices originally (and wrongly, IMO) interpeted the exclusion of mathematical formulae from patentable subject matter as covering software as well. A program is not a mathematical formula, and in the end bears only a passing resemblance to one. The formula is a passive thing, where the program is an active one.

      [...] and rather distorting the facts: You may only ever have seen exceptionally weak arguments, but that is not because only exceptionally weak arguments have ever been deployed - quite the converse is true*.

      I went through most of the links you cited. Some of them are only links to pages of other links, many of which seem unrelated to the question at hand, and I didn't attempt to follow all the links to find those you might have considered relevant. Those links that went directly to an actual article I did read though. These seem to contain exactly the kinds of arguments I've seen for years.

      The first real link (Kahin's) only sort of contained a single argument, that patents are a barrier to entry. This seems to ignore the fact that since 1980 (or so) when software patents first started to be allowed in the US, the number of entries into the software business, far from being reduced, has grown tremendously. The bottom line is that while the argument might sound reasonable enough on its face, the facts just don't support it at all -- quite the opposite.

      The second (Phalin's) is just as wrong -- it attempts to treat software as simple writing, like books, plays, etc. This is wrong for a simple reason: as mentioned above, software is NOT like a book, a song, etc. at all. A book is published to be read, a song to be listened to, and so on. By contrast, the average user of a computer program never has and never will read the source (or executable) code at all.

      Software is a way of taking a general-purpose machine, and specializing that machine to a specific purpose. Its essence is action. This is wholly different from a book, the essence of which is passive.

      Much as I hate to disagree with somebody as distinguished as Knuth, in this case I'm forced to do so. His agrument is similar to Kahin's, and equally disproven by the level of activity and innovation in software for the last 25 years. His citations seem to display a decided lack of knowledge about patents in any case, such as apparently assuming that anybody's ever considered issuing patents that would last for millenia rather than a couple of decades (i.e. long enough for the Pythagorean theorem to still be covered by anything).

      Stiglitz really says very little specific to software patents at all. He more or less implies that they lead to lack of innovation -- obviously ignoring reality when he finds it inconvenient. He attempts to imply that the costs of IP protection are higher than the benefits -- but fails to quantify either. When an economists fails to quantify costs and benefits in a cost vs. benefit analysis, one of two things has happened. The first possibility is that he hasn't really researched the situation at hand, and he's just doing handwaving. The second is that he's done the research, but he's ignoring it because it

      --
      The universe is a figment of its own imagination.
    63. Re:Fatalism by Anonymous Coward · · Score: 0

      So he says to me, 'You gotta do something smart, baby. Something BIG! He says, 'You wanna be a super villain, right?' And I go yeah, baby, YEAH! YEAH! WHAT DO I GOTTA DO? He says, 'You got bombs, blow up the Comet Club, it's packed with super heroes, you'll go down in SUPER VILLAIN HISTORY!' And I go yeah, baby, 'cause I'm the Evil Midnight Bomber What Bombs at Midnight! Aaaaaa-hahahahaha!

    64. Re:Fatalism by Anonymous Coward · · Score: 0

      "Unfortunately, corporations have as much rights to freedom of speach as do individuals"

      Could it be that this may be the problem?

    65. Re:Fatalism by rtb61 · · Score: 1
      The point of copyleft is humour and being the literal opposite of copyright. This artifice can be effectively used to diminish the term copyright for a legal right to a simply distortion of left versus right handidness.

      Humour is always a desirable method of establishing an alternate point of view, especially considering the venom of the groups who support extensions of copyright laws driven by nothing but greed. Note the most rabid supporters of copyrights as individuals rarely produce any content themselves and just use a financial leaverage to cease control of other peoples work.

      The most effective tool is the strengthening of the creative commons and more people willing to donate their work and inventiveness for the common good, ideas soar the highest when they are set free and shared.

      --
      Chaos - everything, everywhere, everywhen
    66. Re:Fatalism by smithmc · · Score: 1

      Hayek: I doubt whether there exists a single great work of literature which we would not possess had the author been unable to obtain an exclusive copyright for it; it seems to me that the case for copyright must rest almost entirely on the circumstance that such exceedingly useful works as encyclopaedias, dictionaries, textbooks and other works of reference could not be produced if, once they existed, they could freely be reproduced.

      And yet even this is no longer the case, as is shown by the existence of such sites as Wikipedia, Wiktionary, etc. So what justification remains for copyrights and patents? INFORMATION WANTS TO BE FREE! POWER TO THE MEMES! ;-)

      --
      Downmodding is the refuge of the weak. Don't downmod, make a better argument!
    67. Re:Fatalism by Znork · · Score: 1

      "he argues that there needs to be sufficient incentive for investment;"

      Yep, that's often the rationale for the current system. What that argument misses is that incentive does not necessarily equal monopoly, and the IP systems is pretty much the only place in our economy where we give them out as incentives (more commonly such incentives are in the form of tax-breaks or outright monetary compensation).

      For an example alternative system, why dont patents simply pay a certain amount of public funds per use? Then there'd be an incentive for the patent office to hold a high quality, as they'd be responsible for the funds allocated to development incentives and there'd be political control over how much funds are allocted to development incentives.

      There'd also be a builtin interest from the inventors and investors not to have too many patents granted in the system or they might get a smaller payment. There'd be no interest for companies to hide their use of, or avoid the use of, a certain patent as they're not the ones directly paying for it, thus minimizing litigation.

      Anyways, like you said, it seems we're heading in similar directions, and feel free to use my comments anyway you want :).

    68. Re:Fatalism by laughingcoyote · · Score: 1

      As to GPL'd projects, copyright doesn't threaten them immensely-but patents do. And since there are so many of them it's impossible to look through even a small fraction of them, it's rather like walking through a minefield blindfolded, and hoping if you do step on a mine the trigger's broken (or no one cares enough to sue.) Besides that, sometimes software patents are granted so broadly that they cover damn near everything.

      As to Wikipedia-consider this scenario. Look, I just found a picture that perfectly illustrates this point. It'll be perfect to upload to-oh, wait, never mind, it's copyrighted. By default. Even if the person who took it doesn't care, even if I can't locate or contact the person who took it to -see- if they care. If we'd go back to short (5-10 year) copyright terms, and mandatory registration (i.e., the default situation is NO copyright, unless you register and mark explicitly otherwise), that would be fine. The current situation is that even this post is considered "copyrighted"! If you wanted to post it somewhere, because you liked it, hated it, wanted to post your ridicule or critique of it, etc., you could get sued! Now, of course, I consider anything I post to be in the public domain, but unless I'd said that-you don't know. Automatic copyright combined with massively excessive length of restriction greatly diminishes the richness of the public domain by presuming that everything is -not- in it-and won't be for over 100 years. It should be the opposite-public domain unless you give a crap enough to register the copyright, and mark it specifically on the copyrighted piece. Current copyright is a threat to the richness and availability of useful information in the public domain altogether, and that's exactly what Wikipedia relies on.

      --
      To fight the war on terror, stop being afraid.
  4. Cue angry rants from radical libertarians. by Caspian · · Score: 0, Flamebait

    "They believe that the intellectual-property system is starting to lean so far in favor of private enrichment that it no longer serves the public interest."

    Well, no shit Sherlock.

    However, at present, members of the radical, "laissez-faire-no-matter-what-yes-even-if-the-comp anies-are-literally-grinding-their-employees-and-c ustomers-into-ground-beef" school of "greed is good" Randism^H^H^H^H^H^H^HLibertarianism have considerable influence in American politics, as well as online. I predict an influx of the usual suspects brashly asserting that this is "a free market", and that if you don't like the way the Fortune 100 companies do business, "you're welcome to start your own company", and talking about how great patents are, and accusing slashdotters of hating the poor innocent inventors and wanting their children to starve... (ignoring completely the fact that actual inventors are being screwed over by corporations just like consumers are...)

    --
    With spending like this, exactly what are "conservatives" conserving?
    1. Re:Cue angry rants from radical libertarians. by StephenM_Sparrowhawk · · Score: 2, Interesting

      Not speaking for the radical libertarians at all, but Ayn Rands' well reasoned view of patents and copyright (as detailed in "Capitalism : The Unknown Ideal" ), if implemented would NOT allow the patent of software, business methods or existing genetic material. Further her arguments provide solid support for the approach taken toward these issues by most slashdotters. Any Rand also predicted the problems that are now occurring in the intellectual property field due to non rational decisions made by patent offices.

    2. Re:Cue angry rants from radical libertarians. by Anonymous Coward · · Score: 0

      Why are you attempting to bash Libertarianism? A Libertarian tends to believe that the companies which treat their employees fairly and those that aren't greedy will be the ones that succeed in a "real" free market. Buying congresscritters and lobbying for unconstitutional laws would not be an option for companies in that market. They would have to do their own dirty work. Of course, I'm not sure that Libertarianism, taken to its logical conclusion, is something that would work, but as far as corporations, patents, and the free market is concerned, you've been misinformed about it. I understand that you must modify its ideas and principles in your own mind so you can hate it, and that this is Slashdot, but please...you really sound like you don't know what you're talking about.

    3. Re:Cue angry rants from radical libertarians. by QuantumG · · Score: 1

      You won't find many Libertarians in favour of Patents or Copyright law. Thanks for villianising us.

      --
      How we know is more important than what we know.
    4. Re:Cue angry rants from radical libertarians. by silentbozo · · Score: 3, Interesting

      True libertarianism would dictate that lowest cost producer triumph, since copyrights and patents are artificial government-sanctioned monopolies. The default state of things is that some farmer invents a better plow, and others copy it for their own use. Someone tells a story or sings a song, and others embellish and change it in the retelling. Only when you can prevent someone from making something, and thus have an artificially restricted market, does it matter whether or not company X is in danger of losing "billions of dollars" through "piracy". Look at China and India (although things are starting to shift) as examples where they can take almost any input and produce at very low cost, to the benefit of consumers. I'm not talking about dangerous or deceitful ripoffs, but very well constructed generic copies of drugs, and of CDs and DVDs licensed for sale in China to compete with ripoffs that are a fraction of prices here in the states (US$3.00).
       
      Speaking as a writer and designer who theoretically benefits from copyright law (I say theoretically, because if ever I had to go to court over copyright, the court fees alone would bankrupt me), copyright and patents, although they are treated as tangible property, to be bought, sold, and lent against, should not be enshrined in common law AS tangible property. You can see this attitude at work when businesses and controlling individuals have an expectation that this "property" can generate profits indefinitely, without any sort of maintenance, upkeep, or recompense to the government and the people, for an artificially maintained monopoly and the tax-supported infrastrucuture built around it (like the FBI anti-piracy division.)

    5. Re:Cue angry rants from radical libertarians. by Courageous · · Score: 1

      However, at present, members of the radical, "laissez-faire-" (snip)...

      You cannot be a free marketeer and favor strong government interventions at the same time! That's why libertarians are against codified monopolies, don't like medical guilds very much, and aren't the strongest supporters of intellectual property.

      Let's just say that the repeated embarrassing slams you got for mischaracterizing libertarianism were thoroughly desserved. Next time do some homework before hitting the (SEND) button!

      C//

    6. Re:Cue angry rants from radical libertarians. by Anonymous Coward · · Score: 1, Informative

      Summary of Discussion: The original post was very wrong about Rand's views on IP.

      Summary of Rand's Position: Even a broken clock is right twice a day.

    7. Re:Cue angry rants from radical libertarians. by Spy+der+Mann · · Score: 1

      "They believe that the intellectual-property system is starting to lean so far in favor of private enrichment that it no longer serves the public interest."

      Well, no shit Sherlock.

      Elementary, my dear Caspian(9921)! The adelphi charter was meant to be read by the common public, who DON'T KNOW SH*T about the consequences of software patents. I believe it to be more like an education campaign.

      After all, how do you think Firefox got popular? Just by quality? No. With campaigns like the New York Times ad, and the like.

      In other words, propaganda. And these guys got on the right track.

    8. Re:Cue angry rants from radical libertarians. by usrusr · · Score: 2, Insightful

      > A Libertarian tends to believe that the companies which treat their employees
      > fairly and those that aren't greedy will be the ones that succeed in a "real"
      > free market. Buying congresscritters and lobbying for unconstitutional laws
      > would not be an option for companies in that market.

      This is nothing but wishful thinking of the worst kind. It boils down to "vote with your wallet", and that will never ever work. Relying on "vote with your wallet" effects is about as stupid as saying "everybody pays as much or little money for the sewage system as he sees appropriate" and then expecting that enough money to keep it serviced will show up because people do want a working sewage system.

      --
      [i have an opinion and i am not afraid to use it]
  5. hmmm... by muszek · · Score: 1

    so software patents are wrong?

    1. Re:hmmm... by merkhet · · Score: 1, Informative

      Actually... yes. Business patents are similarly wrong... The reason for this is fairly (glaringly?) apparent if you've followed the decisions leading up to State Street Bank. Originally, algorithms could not be patented at all. (Gottschalk v. Benson). Slowly, the Court of Appeals for the Federal Circuit started to chip away at that decision, following up with Diamond v. Diehr, which allowed for an algorithm to be patented if it was used in conjunction with a machine. Finally, in Judge Rich's twilight years, he wrote State Street Bank v. Signature Financial Group which allowed for the patenting of algorithms regardless of whether or not it was attached to a machine. The problem with this is that it impermissibly allows for a person to patent mental processes. In State Street Bank, the "invention" being claimed was software that would compute the market value of the different funds after the close of the market. (I believe this was necessary because funds required computation within 30 minutes of the close of the market -- I'm not entirely sure why...) In any case, what it did was patent a series of steps, mental processes if you will, whereby the valuation was computed. Now if you do those same processes in your head, you are "infringing" a patent. Whether or not you'll be sued is another story, given the problems inherent in providing evidence of your infringement. Regardless of whether you're sued though, there are serious normative problems in blessing a patent system in which we allow for what takes place entirely in someone's head to constitute an infringement of property rights. Also, software is already copyrightable. The reason that people may prefer patents is because patents have "stronger" rights that are not susceptible to the "fair use" exceptions that copyright is... In my view, patent protection for software is superfluous, and a creation of political lobbying rather than as a fulfillment of the Constitution's promise to "promote the progress of science and the useful arts."

    2. Re:hmmm... by Breakfast+Pants · · Score: 1

      I don't get it, is this supposed to be an excuse? Whether software patents are good or bad is irrelavent; no one has a patent on the paragraph tag.

      --

      --

      WHO ATE MY BREAKFAST PANTS?
    3. Re:hmmm... by merkhet · · Score: 1

      i was afraid that someone had patented the preview function on slashdot...

  6. What to do by Eli+Gottlieb · · Score: 2, Interesting

    The answer is obvious when you consider the Slashdot effect, that we can overload servers with traffic just by browsing to them. We should conduct a campaign of letter writings, followed by Slashdot attacks on government servers until our demands are acknowledged. The same thing can be organized at local levels for practically any political cause (and overloadable resource) through the net.

    Our weapons for freedom can be our webbrowsers, because most of us are too untrained, too cowardly or too afraid of the very real jail sentence that awaits to pick up a gun and revolt.

    1. Re:What to do by dangerz · · Score: 1

      Our weapons for freedom can be our webbrowsers, because most of us are too untrained, too cowardly or too afraid of the very real jail sentence that awaits to pick up a gun and revolt.

      That's interesting to note. It's not that people are too untrained, cowardly or afraid. It's that times are a lot different now then the 1800s. Back then, a few guys with guns could make a difference. Now, unless you have a sizable army a few guys with guns can't even step out of their house.

      The new form of revolting requires you to make your voice heard. Look at this past election. Ya, Bush might've won but do you think that it would've been such a close race if people wouldn't have opened their mouths and started speaking?

      We're in a new time period my friend. I'm afraid your touting a gun and revolting days are long past and it's time for fresh new ideas.

      --
      The greatest experience we can have is the mysterious.
      - Albert Einstein
    2. Re:What to do by Eli+Gottlieb · · Score: 1

      Funny, but did I say we should pick up guns? No. My reasons (jail sentence for armed revolt in a supposedly "free" country) were different from yours (in this era an armed revolt doesn't accomplish much until it encompasses a large segment of the population), but I didn't say that the time was for armed revolt.

      I stand by my point. If people distribute the Adelphi charter, we shall make ground. If people conduct Slashdot attacks on government webservers as a form of peaceful protest, we shall make ground. If people download music, games, and old console emulators like never before, distributing the stuff on BitTorrent with political protest messages in the .zip's and .tar.gz's, we shall make ground. If and when we use all these strategies and more to protest the intolerable intellectual "property" laws of today we shall be heard.

      It is not if one strategem should be used, but that all are useful.

    3. Re:What to do by dangerz · · Score: 1

      I'll agree with you on everything but one.

      Slashdotting the government servers will do zero good but get this site shut down. It's one thing having the Slashdot effect, but it's a whole other thing trying to use it to our advantage.

      --
      The greatest experience we can have is the mysterious.
      - Albert Einstein
    4. Re:What to do by Eli+Gottlieb · · Score: 1

      The American government is easily tyrannous enough to try and shut down Slashdot.org for abuse of the Slashdot effect, but I still think they would meet enough resistance to keep the site firmly in place.

      On the other hand, it may be better to adapt the other strategies to the government and attempt to find some form of "intellectual property" we can "steal" from them and pass around with position papers and such attached.

    5. Re:What to do by Moxt · · Score: 1

      Writing letters to officials also suffers from the Laffer curve effect.

    6. Re:What to do by Eli+Gottlieb · · Score: 1

      You mean this Laffer Curve? Letter writing campaigns become ineffective above a certain size? Forgive me if I'm not right-wing enough to apply a supply side economic theory to political protest.

    7. Re:What to do by Moxt · · Score: 1

      Really, the effect probably increases for a while, then decreases, then goes up as you reach closer to the full constituency of the official. However, if a group was to send a huge number of letters to an official, especially if they are not contituents, it becomes less effective than a small number of letters. This isn't for the same reason as the actual Laffer Curve, but rather because you upset the office staff of the politician. Believe it or not.

  7. well measured and balanced polices by timmarhy · · Score: 3, Insightful

    and naturally they shall be completely ignored. if these policies were adopted you would see a swing back to how capitalism really should be. all about servicing the people and using demand for services to drive innovation and competition.

    --
    If you mod me down, I will become more powerful than you can imagine....
    1. Re:well measured and balanced polices by Anonymous Coward · · Score: 0

      Does your keyboard not have a shift key? Or are you simply an idiot?

    2. Re:well measured and balanced polices by Anonymous Coward · · Score: 0

      i don't have a shift key you insensitive clod 1111

    3. Re:well measured and balanced polices by Eli+Gottlieb · · Score: 1

      Capitalism services those who have money, and the current system is built in such a way (arguably its purpose) that it deprives a large majority of people of both the wealth they create and the wealth they work for, thereby decresing the pool of dirty, uncultured "common folk" who must be serviced.

      Yes, I'm a leftist, and some guy arguing with me about it on Slashdot isn't going to change it, so don't try.

  8. Maybe it will have an effect... by bloodstar · · Score: 5, Insightful
    Quite a few people on /. feel that IP copyright and Patent protections are out of line, so support groups like this that actually take the time to make some noise about things. When magazines like Economist pick up on these issues, I hope that it indicates there is some traction in the public eye for the reversal of some of these insane copyright laws.

    I think our lawmakers are bought and sold by big corporations, but perhaps, just perhaps, enough of them can be shamed into doing the right thing. And that's to remember that the goal of government is to serve the public interest, not the person with the most money.

    Maybe it won't happen, but at least it's worth the try. Because I can promise you it will never happen if we don't *start* trying.

    --
    "The bass, the rock, the mic, the treble. I like my coffee black, just like my metal" - Mindless Self Indulgence
    1. Re:Maybe it will have an effect... by Fred_A · · Score: 1

      But, but persons with the most money are part of the public too !!

      --

      May contain traces of nut.
      Made from the freshest electrons.
    2. Re:Maybe it will have an effect... by slavemowgli · · Score: 2, Interesting

      I think that it's a good thing that the more mainstream-oriented press is reporting on these issues - from personal experience, I can say that most people have a fundamentally flawed idea of what patents are about.

      I had a conversation about it with my parents recently, and I was rather shocked to find out that they thought that the ONLY purpose of a patent was to give an inventor the ability to milk the market for as much money as possible (that's not the way they phrased it, of course, but what they said in essence). They didn't realise that there is a bargain behind patent ("we'll give you a limited-time monopoly, and in return, you make your invention public so that after a while, everyone will be able to make use of it"), and that patents are only supposed to be granted when the invention is sufficiently new to justify the granting of a (limited-time) monopoly.

      Somehow, they never thought about that, and that's despite the fact that my father at least has a lot to do with different kinds of businesses, job-wise.

      Until this changes and until the general public know *why* there are patents and what they are supposed to accomplish, the situation most likely will not change (or if it will, then only for the worse), and any kind of reporting on this in the mainstream press can only be a good thing.

      --
      quidquid latine dictum sit altum videtur.
  9. How sad by Bogtha · · Score: 5, Insightful

    The charter lays out a "public-interest test" for policymakers to use before changing intellectual property laws: an automatic presumption against expanding rights, placing the burden of proof on those who seek this

    I've always thought that it's mind-bogglingly moronic to have anything but this. Surely laws of any nature should be passed only if there's evidence that it is necessary for the public good? And seemingly no law that's been passed in association with copyrights since I've been alive has had this.

    I asked this question in the AWOL Sid Meier interview, but I'll ask it again: which software company would find it infeasible to continue if software copyright terms were limited to fourteen years? Fourteen years ago, Atari and Amiga were mainstream systems. Fourteen years ago, the WWW was being invented. Fourteen years ago, Windows 3.1 didn't exist. Are there seriously people out there that argue Microsoft depends upon copyright protection for Windows 3.0 today?

    --
    Bogtha Bogtha Bogtha
    1. Re:How sad by Anonymous Coward · · Score: 1, Insightful
      Surely laws of any nature should be passed only if there's evidence that it is necessary for the public good?

      Obviously. In reality they are based on horse-trading and the prejudices and greed of our elected representatives.

      Limiting software copyright to fourteen years would be sensible but doesn't go far enough. As RMS has pointed out, it is absurd that software originally gained the protection of copyright by virtue of being a creative work, yet the thing that humans actually create, the source code, is not required to be published.

      At the very least, software developers who want the protection of copyright should be required to lodge their source with a central library, to ensure it can be released when copyright expires.

      And I'd happily reduce the term to seven years. And yes, I do make money from commercial software.

    2. Re:How sad by DeafByBeheading · · Score: 1

      Right on. Hell, we could add the requirement to release source code for programs more than fourteen years old (not programs built on those roots--just the original code), and I still can't see that really hurting anybody. Fourteen years is several lifetimes in software terms.

      --
      Telltale Games: Bone, Sam and Max
    3. Re:How sad by Anonymous Coward · · Score: 0
      I've always thought that it's mind-bogglingly moronic to have anything but this. Surely laws of any nature should be passed only if there's evidence that it is necessary for the public good? And seemingly no law that's been passed in association with copyrights since I've been alive has had this.

      Just as bills and laws should have a meaningfull title that clearly define what the law and bill cover, for example not "The Patriot Act", and all sections and admendments should be in strict accordance with the title to prevent the piling of someones pork politics into it.

      How about if new laws are passed, the complete law is rewritten to cover the law in its entirety as it stands so that any "layman" can pick up the law and learn it. No more digging through thousands of incarnations of the law to figure out which sections are still valid. This should apply to all levels of government.

      Those are just a start.

    4. Re:How sad by Alwin+Henseler · · Score: 1
      Surely laws of any nature should be passed only if there's evidence that it is necessary for the public good?

      Sure, if one *wrongfully* assumes that law-making is in any way, form or manner a process based on logic.

    5. Re:How sad by Eli+Gottlieb · · Score: 1

      He was speaking of what should be, not the more unfortunate what is.

    6. Re:How sad by Slashdiddly · · Score: 1

      Sure it is based on logic. Unfortunately for you that logic does not consider your interests.

    7. Re:How sad by bleak+sky · · Score: 1

      Limiting software copyright to fourteen years would be sensible but doesn't go far enough. As RMS has pointed out, it is absurd that software originally gained the protection of copyright by virtue of being a creative work, yet the thing that humans actually create, the source code, is not required to be published.

      At the very least, software developers who want the protection of copyright should be required to lodge their source with a central library, to ensure it can be released when copyright expires.

      I had originally thought the same thing, but when I considered it the other day, I realized that there are many other types of creative works published, most of which have some sort of "source" that isn't required to be registered with some central authority.

      While I agree that source code is necessary to be able to create derivative works, what about music? When a song goes public domain (if we ever see any in our lifetime to do so...), should the author be forced to also release all the material he used to create it, such as the sheet music (if any), the raw audio files used to mix down the final result, and any sequencer files?

      How about photographers? Should a photographer have to provide her negatives? (Or raw camera files, for digital?) Or should other graphic artists need to make available the Photoshop or other data files they used to create their works?

      Such a requirement for software would really need to be extended for all works of art. I think it would make things really nice, and it would make it easier for the public to benefit from the work now in the public domain. But how do you convince everybody else? Unfortunately, most people have accepted the propaganda that "intellectual property" is just that, property, and that it deserves the same protections (for an unlimited time) as real, tangible property.

    8. Re:How sad by drsmithy · · Score: 2, Interesting
      At the very least, software developers who want the protection of copyright should be required to lodge their source with a central library, to ensure it can be released when copyright expires.

      In fact, if copyright must exist, this should apply to *all* things protected under it. Copyright should be an opt-in system that requires the lodgement of the work to be protected in a "public information store" to be valid.

      Also, since copyright is primarily used for giving "intellectual property" actual financial value, the length of a work's protection under copyright law should be linked to how much "value" it generates, but I digress...

    9. Re:How sad by dgatwood · · Score: 2

      I had originally thought the same thing, but when I considered it the other day, I realized that there are many other types of creative works published, most of which have some sort of "source" that isn't required to be registered with some central authority.

      Every other artistic form that I can think of is essentially an end product that can be further refined. Software is unique in that its end product is nearly impossible to modify without going back to the source material, and that is the critical difference here, not whether source material simply exists.

      While I agree that source code is necessary to be able to create derivative works, what about music? When a song goes public domain (if we ever see any in our lifetime to do so...), should the author be forced to also release all the material he used to create it, such as the sheet music (if any), the raw audio files used to mix down the final result, and any sequencer files?

      That's not really a fair comparison. The raw audio files are a result of the performance of the work, not the underlying musical work itself. Musical performance is actually fairly close to compiling of source code (albeit with a lot more variation between compilers). So the individual tracks compare well with individual .o files. While they are modestly interesting if your goal is to replace part of a performance, they don't represent the source material.

      The source material is the sheet music itself. However, unlike software, a trained musician can quickly create sheet music that is a remarkably close approximation of the original sheet music simply by carefully listening to a performance. More to the point, that new sheet music will be performable and understandable to any musician, not only for the purposes of performing it, but also for the purposes of modifying it. Once you have done so, assuming you can get together similar compilers (performers, engineers, etc.), you can create a fairly good reproduction of the work, making changes as you see fit.

      Software, by contrast, is not trivially decompilable. While it may be possible to decompile it into "source code" to some degree, the result is gibberish that, while understandable by a compiler, is utterly useless for the purpose of modifying the work. As such, this is a weak comparison.

      How about photographers? Should a photographer have to provide her negatives? (Or raw camera files, for digital?) Or should other graphic artists need to make available the Photoshop or other data files they used to create their works?

      That's even farther from making sense. Photographs are the inverse of the negative, reproduction loss notwithstanding. So delta a small amount of noise, the original source material is registered in the copyright office.

      As for graphic artists, the resulting graphic art is trivially alterable in its final form. There is no need to go back to the original source material to modify it. Yes, you might get slightly more ideal results with less effort by going back to the source material, but it isn't necessary.

      With software, binary patching is extremely problemating at best, almost impossible at worst, and disagreeable in general.

      Basically, there are enough remix artists and Photoshop photo doctors out there to provide ample evidence that the final versions of songs and pictures and graphics are sufficient to allow substantial variations upon musical and graphical works. The same cannot be said about software, and since this was one of the things that copyright was intended to do---promote the ability to create variations upon original works---it fails miserably in its intent without a source code requirement.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    10. Re:How sad by Baricom · · Score: 1

      At the moment, the formal process of copyright registration, where you pay the fee and submit a copy of the work, entitles you to additional rights (mainly, the right to sue for statuatory damages and attorney's fees, rather than actual damages). I don't think it's too much to ask that source files be included as part of the registration requirement.

      Registration is advantageous to society because it establishes when the work was created and who to contact to request permission to make deriviative works. Registrants could be rewarded in exchange for making the additional source material available by receiving a longer copyright term (say, 30 years if you register or 10 if you don't).

      Of course, big business has such a stranglehold on the politicians that I don't see much coming of this wishful thinking.

    11. Re:How sad by arose · · Score: 2, Interesting
      Also, since copyright is primarily used for giving "intellectual property" actual financial value, the length of a work's protection under copyright law should be linked to how much "value" it generates, but I digress...
      I don't like subjective laws, but if there has to be a link it should be inverse: the public has shown more interest, the copyright holder has made more money, the public should have it sooner.
      --
      Analogies don't equal equalities, they are merely somewhat analogous.
  10. I challenge ... by femto · · Score: 2, Interesting

    every slashdotter to make 1000 copies of the Adelphi Charter and deliver them to random letterboxes in his/her neighbourhood.

    1. Re:I challenge ... by danharan · · Score: 1

      Consider trying a pledgebank pledge.

      --
      Information: "I want to be anthropomorphized"
    2. Re:I challenge ... by femto · · Score: 2, Insightful
      There's no need to. Pledgebank is for things that might be risky, but there is safety in numbers. For example "I will refuse to submit to arbitrary police searches if 100,000 other people will too".

      Putting 1000 leaflets in letterboxes is an immediate action you can do yourself right now. There is no need to get consensus or permission from anyone. Just go out and DO IT!

    3. Re:I challenge ... by ErikTheRed · · Score: 2, Funny
      I challenge ... every slashdotter to make 1000 copies of the Adelphi Charter and deliver them to random letterboxes in his/her neighbourhood.
      In the US this will get you thrown in jail. The US Postal (mis/dis)Service jealously guards its monopoly on putting junk in people's mailboxes.
      --

      Help save the critically endangered Blue Iguana
    4. Re:I challenge ... by danharan · · Score: 1

      Thinking you'll be ineffective is often something stopping people from taking action. Not as much of a motivation for geeks, but feeling apart of something bigger is also a strong motivator.

      --
      Information: "I want to be anthropomorphized"
    5. Re:I challenge ... by Lehk228 · · Score: 0, Offtopic

      putting mail in other people's boxes is illegal because if you can put things in, you can try to sneak stuff out. many things in this country are dependant on semi-reliable postal delivery. imagine if a neighbor who didn't like you dropped off pamphlets and happened to "lose" you VISA bill for you.

      --
      Snowden and Manning are heroes.
    6. Re:I challenge ... by belmolis · · Score: 1

      I don't see how this works in general. Its true that locked mailboxes of the sort found in apartment buildings and post offices only allow things to be inserted if you can open them up, but lots of mailboxes can readily be opened by anybody, and others have slits that allow things to be put in but don't allow anything to be removed, or only allow with considerable difficulty. Prohibiting other people from inserting things into mail boxes doesn't change the security picture one way or the other.

    7. Re:I challenge ... by femto · · Score: 1
      Is this serious? Putting something in someone's letterbox is illegal in the US? I would have thought that freedom of access to people's letterbox is fundamental to democracy. The written word in the letterbox (or banging on the front door) is one of the few ways people have of communicating irrespective of their social standing.

      Here in Australia it's accepted that anyone has the right to put mail in a letterbox. It's part of participating in society. In practise most junk mail distributors will honour 'no junk mail' signs, but it's only to preserve goodwill, not to comply with any law (that I am aware of).

    8. Re:I challenge ... by patio11 · · Score: 1
      "Whoever knowingly and willfully deposits any mailable matter such as statements of accounts, circulars, sale bills, or other like matter, on which no postage has been paid, in any letter box established, approved, or accepted by the Postal Service for the receipt or delivery of mail matter on any mail route with intent to avoid payment of lawful postage thereon, shall for each such offense be fined under this title."

      18 U.S.C. 1725.

      Banging on the front door, however, is legal in the abscence of a no-solicitors sign. In many jursidictions, the alternative is a criminal trespass charge. Picking a town in Illinois at random:

      117.03 TRESPASS. It is declared to be unlawful and to constitute a trespass for any solicitors to go upon any premises for the purpose of securing an audience with the occupant thereof and engage in soliciting as herein defined, in defiance of the notice exhibited at the residence in accordance with the provisions of 117.04.

      Note: I am not a lawyer. This post is not legal advice.

    9. Re:I challenge ... by Anonymous Coward · · Score: 0

      Better read this first. At least 3.1.3 and probably others are pertinent.

    10. Re:I challenge ... by Anonymous Coward · · Score: 0

      That's because the US is NOT a democracy, and is pretty fucked up about it.
      American postboxes are not like those found elsewhere.
      Here in the UK, our letterboxes are in our front doors - they are just a slot for people (ANYBODY) to put letters through.

      In the US, letterboxes are things external to one's house, often with a flag to indicate the arrival of the new mail. They are a box in which letters live until such a time as the rightful owner opens it and takes out his mail. It's a phenominally stupid system and, as such, there is a whole lot of legislation devoted to it that wouldn't be necessary if they went with the logical door-slot system found in most other countries.

      Over here, mail is regularly mis-delivered. I wouldn't find it acceptable to be sent to jail simply for putting mail that rightfully belongs to my neighbour (but was mis-delivered) into his box.

      Having lived in the states, I feel that the USPS is the most ludicrous and illogical entity I have ever had the misfortune to witness.

    11. Re:I challenge ... by Lehk228 · · Score: 0, Offtopic

      in the US door to door lettersare supposed to be placed in the door or any recepticle not labled "US Mail"

      --
      Snowden and Manning are heroes.
    12. Re:I challenge ... by Bloke+down+the+pub · · Score: 1
      So let me get this right. If the local branch of the Boy Scouts go round distributing leaflets about their forthcoming carwashathon, garage sale or whatever, they can be hauled off to Gitmo?

      As we say here in the old country, Gorblimey!

      --
      It's true I tell you, feller at work's next door neighbour read it in the paper.
    13. Re:I challenge ... by gronofer · · Score: 1

      Wouldn't that be a copyright violation?

    14. Re:I challenge ... by Anonymous Coward · · Score: 0
      putting mail in other people's boxes is illegal

      And what about shitting into other people's boxes?

    15. Re:I challenge ... by patio11 · · Score: 1
      Gitmo is a military detention facility. You could be tried for a misdemeanor in federal court if you put it in their mailbox, but you would be highly unlikely to get a prison sentence (you would also be highly unlikely to be tried -- most people who are tried under the section are mail-fraud types because strategically its easier to hang refusal-to-pay-postage charges on someone than it is to prove all the elements of fraud). If Boy Scouts come up to a door that says "No soliciting" and solicit anyhow, then yes, that could well be trespassing as defined in that jursidiction (the Boy Scouts, as a charitable organization, have an exemption in other jurisdictions).

      And again, its unlikely the police and prosecutors would actually arrest/prosecute for these offenses but they do exist.

    16. Re:I challenge ... by Anonymous Coward · · Score: 0

      I get the impression that the authors of that document won't be pursuing anyone for copyright violations.

  11. Perhaps the first thing that they patent... by TooMuchEspressoGuy · · Score: 2, Funny
    ...should be the MI6 website?

    Hey, even international spies need IP...

    --
    Many Bothans died to bring you this sig.
  12. Cue Idiot Who Doesn't Understand Libertarians by Shihar · · Score: 4, Informative

    No offense, but you have absolutely no clue in the world what in the hell you are talking about. Go do a Google search with "libertarian intellectual property". Now before you post anything else, read a few of the hits you get.

    Oh... what is this? It turns out that libertarians actually fall somewhere between against IP laws or vaguely in favor of weakened IP laws. I know that +1 insightful karma tastes wonderful, as you did manage to throw in a bunch of libertarian buzz words combined with IP law and disparaging remarks, but you can do it without posting in complete ignorance.

    The libertarian position in IP law is weak at best. They do NOT have a universal stance on the issue. Libertarians do NOT like the idea of a government enforced monopoly via IP laws. Only the utility of IP laws has led some libertarians to abandon the extreme position of no IP laws at all to favor something more limited. In other words, your average libertarian is more likely somewhere left of your average democrat on the issue. The most pro-IP law libertarians are moderates at best.

    So, thanks for your ignorance. It really livened up my day. Hey, how about you make a post showing that libertarians are pro-war and how they love drug laws. I bet you can score another insightful post off that ignorant bullshit too.

    1. Re:Cue Idiot Who Doesn't Understand Libertarians by Anonymous Coward · · Score: 2, Insightful

      The problem is that the scumsuckers of the corporate world have latched onto the "no government so we can rape babies for cash!" (to use their words) concept of libertarianism and have perverted it into what the original poster, and the rest of the mortals who don't spend their days reading economic texts hears about the concept.

      Looks like "libertarian" will be this decade's "hacker".

    2. Re:Cue Idiot Who Doesn't Understand Libertarians by node+3 · · Score: 1

      Libertarians are the ones who claim that if the licensor demands it, you can either agree or walk. They don't support a law that says (for example) "You can't copy a CD", but they support the right of the copyright to say, "You can't, under any circumstance, copy the CD I just sold you."

      What the GP said about Laissez-Faire Capitalism, Randism, Libertarianism and greed are all true. Just because a handful of Libertarians online are anarcho-libertarians, doesn't change the fact that libertarianism irrationally puts the public's self-interests behind that of the individual's, always, and they treat the corporation as a individual (either directly, or indirectly as an extension of the owners of the corporation).

      The problem with libertarianism, when taken as a logical philosophical absolute, is that it allows the less-than-noble among us to march society backwards all for the sake of ideology.

      For example, although libertarians tend to hate spam, very few would support making spam illegal. They don't have the moral grounds, in their philosophy, to do so. Another example are seat-belts. Although seat-belts are crucial life-saving devices, libertarians would not force automakers to include them. Result? Automakers will put off including them as long as possible, and in the meantime some grotesque number of people will die all for the right of a corporation to make a few extra cents per auto.

      A world based on libertarianism allows such atrocities as the "company store", racial discrimination at (for example) restaurants, toxic waste dumping, the sale of unsafe goods... The list goes on.

      Personal liberty is wonderful. The rights and potentials of the individual are to be supported. Libertarianism fails to truly promote those as basic human rights. Libertarianism defends the individual from the government, but places them at the mercy of the wealthy.

    3. Re:Cue Idiot Who Doesn't Understand Libertarians by Anonymous Coward · · Score: 0

      Calm down bro...

      SOME libertarians are "pro-property rights" and so they view intellectual property as a basic property right, and part of the purpose of government.

      OTHER libertarians are "pro-minimal government" and believe the only practical way to enforce "intangible" property is through a police state, so they view intellectual property as a government-granted monopoly.

      I happen to fall more into the second camp, but don't believe for a second there aren't plenty in the first camp too. I honestly don't know which group Rand would fall into (I'm not a big Rand fan) if she were here today.

      Another thought: many slashdotters know, the Founding Fathers of our country couldn't come to a conclusion about the scope of intellectual property, so they basically threw their hands in the air and left it to Congress. I REALLY BELIEVE that if they were here today, they would immediately place strict limits in the Constitution, because today publishing is so cheap and plentiful, and enforcement is so difficult and draconian. They would do it simply for practical reasons rather than dogmatic ones... but alas, we have to work with the constitution we have.

    4. Re:Cue Idiot Who Doesn't Understand Libertarians by dgatwood · · Score: 1
      Okay, I mostly followed that, but "company store"? I'm not quite sure I understand the contextual meaning. I would interpret that to mean a company selling their products (and related goods) at their own store, a practice that is quite common, and hard to lump in with toxic waste dumping... so clearly, I'm not understanding correctly.

      What do you mean by that term?

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    5. Re:Cue Idiot Who Doesn't Understand Libertarians by ExoticMandibles · · Score: 2, Insightful
      They don't support a law that says (for example) "You can't copy a CD", but they support the right of the copyright to say, "You can't, under any circumstance, copy the CD I just sold you."

      And what would prevent you from copying the CD? Why, that'd be a law. You seem to understand that Libertarians view laws as a necessary evil that should be minimized wherever possible. But you don't extend that to copyright... law.

      Let's review exactly what the Constitution said which resulted in copyright law and the patent office:

      The Congress shall have Power [...] To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries

      We can debate whether even this much is necessary. Without copyright and patent law, would people continue to sing and paint and invent, or would they say "why bother"? I bet the former. But let's assume that some form of government protection of copyright is necessary. What the Constitution doesn't say is "To procure an eternal source of revenue for businesses". That's what copyright law has been mangled into, and a Libertarian administration would reverse that trend. A Libertarian administration would certainly never pass the DMCA, which is what changed some forms of copyright violation from civil to criminal law.

      As a Libertarian, I think the market no longer needs even these protections. The market would prosper even in the absence of copyright or patent law. But, if we must have it, I would be thrilled if we simply returned copyright to its original term of seventeen years. After that, copyright protection would no longer exist, and the ideas would become public domain. (How thrilling it would be to see "Star Wars" enter the public domain!)

      And there'll be no more talk about Libertarianism not supporting the rights of the individual. Libertarianism is founded on exactly that principle, and goes to far greater extents to preserve the rights of individuals than any another political party in the US.

      Certainly more so than you do! For instance, unlike you, I support the right of a restaurant owner to be able to choose his clientele. I think he's an idiot and a bigot if he chooses to not serve people based on their race, and I would choose to take my business elsewhere. But I feel it is his right to make that decision. You seem to suggest that this is a bad "right" and laud the government for taking it away. I do not. "Personal liberty" means having the right to make your own choices, even if they are bad choices. I, and Libertarians like me, support more "personal liberty" than you do.

      By "the company store", I gather you're referring to a "truck system", and not things like the Microsoft company store (where you can buy T-shirts and XBox games). If the system in question is not fraudulent, then yes it would be permitted under a Libertarian regime, and people would be free to choose for themselves whether or not they wished to sign up. And? It may very well be better than what they've got. Again, they would have the "personal liberty" to choose whether or not they signed up.

      Of course, practically speaking, America is a rich and populous country. If America became a Libertarian society tomorrow, I would not expect to see "truck systems" become common, because other employers who offered a more conventional system of remuneration would certainly be more attractive to workers. I certainly wouldn't work for one, and I gather you wouldn't either. Most people wouldn't. So even if America became Libertarian I suspect you have little to fear from this.

      As for toxic waste dumping. Libertarians policies are far better than current USG policies regarding the enviornment. Polluting someone else's property is trespass, which is a violation of someone's "personal liberty", and therefore un

    6. Re:Cue Idiot Who Doesn't Understand Libertarians by kaligraphic · · Score: 1

      It's an old concept, most easily explained by example:

      Mining company sets up shop, moves miners in, and opens a store to provide the necessities for the miners. Unfortunately for the miners, the store charges just enough that a month's food and supplies cost more than a month's pay, leaving each miner accumulating greater and greater debt to the company store - which then comes out of their pay. The miners can't leave the company or they'd have to repay their debt, and they can't repay the debt because the company balances their pay and the store prices to keep them owing more and more.

      It's a way of acuiring a captive labor force for the cost of food and housing. Effectively corporately-owned slaves.

      --
      You are standing in an open server west of a blue house, with a boarded front door. There is an Exchange mailbox here.
    7. Re:Cue Idiot Who Doesn't Understand Libertarians by a+whoabot · · Score: 1

      What are the public's self-interests? Does the public even have self-interests?

      It seems to me the public is filled with innumerable different interests, and almost as many contradictions between them. How can these be reduced to a discrete self-interests of the public in general?

      I would saw I'm libertarian in some sense, but I wouldn't treat the common parlance corporation(like a Delaware corporation) as a private individual. Certainly not directly, just because, plainly, they're not people. And not indirectly as you mean(if I understand you correctly) because, first of all, corporations like Delaware corporations are granted priveleges by the government which foists liability onto the public. Officially this is justified because the government has decided that it increases the public good and apparently the public has granted the government the right to do so. To some extent this makes them agents of the state. Also, corporations are commonly underwritten or financed in other ways by financial institutions which can loan out with fractional reserves of central bank notes. This subsidizes these institutions with public wealth. The government grants this privelege as well. Certainly corporations which are subsidized by public wealth musn't be considered private persons. What business would the government have in taking the money of the public and just handing it over to select private persons(personified corporations)!

    8. Re:Cue Idiot Who Doesn't Understand Libertarians by node+3 · · Score: 2, Insightful

      I have no intention of getting into a long quote-fest. This post (on previewing it) is already too long as it is. Most of your points are that a libertarian market will tend towards superior products and services. This is absolutely false. Under a libertarian market, it's absolutely OK to sell drugs that will kill you. It's absolutely OK to sell cars that are unsafe at any speed. It's absolutely OK to trick people into entering a system that serves only to put them ever deeper in debt with no hope or possibility of escape.

      You, like most libertarians, pretend that some good ideas are compatible with libertarianism. You also pretend that the advances that have come due to socialism are actually due to prosperity. I'll highlight a few examples.

      Let's review exactly what the Constitution said which resulted in copyright law and the patent office:

      The Congress shall have Power [...] To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries


      To a libertarian, the promotion of the progress of science and the useful arts is not a legitimate task for the government.

      As a Libertarian, I think the market no longer needs even these protections. The market would prosper even in the absence of copyright or patent law. But, if we must have it, I would be thrilled if we simply returned copyright to its original term of seventeen years.

      As a libertarian, by what moral right do you claim allows you to take George Lucas' property from him?

      And while on unsafe goods, let me point out that seat belts became standard equipment on cars long before the US Government mandated them.

      No, they didn't. I've provided a hint in my opening paragraph. If that's not enough, look into what Ralph Nader used to do before he let his own ideology get out of sync with reality.

      You're right, personal liberty is wonderful. That's one of many reasons why I'm a Libertarian. And, if you really meant it, and you were better informed about what the Libertarian party stood for, you might become one too.

      The libertarian party is a party based on irrationally treating a contradictory notion as an absolute. It is impossible to have a society without placing some limits on personal liberty. I repeat it's absolutely impossible. I don't mean in order to have a good society, or to have a civil society, or to have a prosperous society, etc, you have to limit personal liberty, I mean that there exists no possible way to have a society without limiting, in some way, personal liberty.

      Libertarians ignore this fact, and by living contradictory to reality, they promote a system which cannot work. In order to design a system that works, one must accept the facts of reality, even if those facts aren't what you wish were true.

      Libertarianism is one of those ideologies that doesn't allow for correction. It's a system that stems from the logical application of a simple and singular ideal. Libertarianism says, "x is absolute", and even when treating x as absolute is detrimental (or even impossible), it does not allow reality to suggest a more rational system.

      Under libertarianism, you allow slavery conditions. How absurd that a philosophy that intends to promote personal liberty allows slavery!

      I'd like to end this already-too-long post by pointing out that I don't generally disagree with the ideals and values of libertarians. I support limiting government powers, and enabling the individual as much as possible. But sometimes society is better when laws limit individual freedom. For example, a company's right to save $0.50 on each car they sell vs the benefit to society of dramatically fewer fatal accidents. I'm sure you can think of other examples where laws place little burden on corporations while providing great benefit to society. Or that place little hardship on the individual while providing great benefit to society. Unfortunately, the libertarian will choose a lesser society for the sake of an irrational (but lofty) ideal. In that way, they share a flaw with other idealistic ideologies I'm sure you can think of.

    9. Re:Cue Idiot Who Doesn't Understand Libertarians by node+3 · · Score: 1

      What are the public's self-interests? Does the public even have self-interests?

      To define the "public's self-interests" one must define "the public" ("self interests" should be clear).

      Some ideologies treat "the public" as an illusion, that it doesn't actually exist, and that it's instead, as you point out:

      It seems to me the public is filled with innumerable different interests, and almost as many contradictions between them.

      From the complex interactions of people in a society, certain behaviors "emerge" that are not the apparent sum of merely adding and subtracting the various actions of those individuals. For example, a two-person partnership can be more profitable than two people working at the same task separately. So while the two people will have their own self-interests, their partnership also has self-interests that are different from those of just two disparate individuals.

      Expand this to a community. Tax each person to pay for a local fire station. No single person really needs a fire station, especially not enough to pay for one. But combined, the community can pay a small part which *is* worth while. Additionally, a homeowner in the community might benefit more than just having his house more secure from a fire, he might benefit from a corner store which can move into the neighborhood because the store owner can afford the insurance because of the local fire station.

      Expand this to a city, which can benefit from a healthy industrial district, and people who have absolutely nothing to do with the industrial district will benefit from the effects of the district.

      Expand to a state, a nation, a region, a planet. You get the idea.

      So the self-interests of the public are those types of things. A robust highway system. A universal public education system. Police, fire dept., court houses. Capitalistic businesses, social government services, a strong defense against foreign invaders. All these things are in the public's interest.

      I would saw I'm libertarian in some sense, but I wouldn't treat the common parlance corporation(like a Delaware corporation) as a private individual.

      I agree with what you say about corporations. The corporation as we know it today is not a valid libertarian construct. Instead, a libertarian corporation would just be some sole-proprietor who has entered into an agreement with others (perhaps many thousands of others, such as shareholders), and would be directly responsible for many of the actions of the corporation.

      Unfortunately, I don't think this type of corporation is very useful. The reality is that corporations can only be useful in many cases if they are granted a status which shields them from certain types of responsibilities. We're currently moving towards a "worst of both worlds" scenario, where corporations are granted the rights of the individual, while maintaining the limited responsibilities of the corporation.

    10. Re:Cue Idiot Who Doesn't Understand Libertarians by Anonymous Coward · · Score: 0

      Frankly I don't think this post should have been modded up. It states the obvious, but it's just too rude and petulant. Supposedly the parent poster is an idiot for misrepresenting the ideas of libertarians (whom most people consider to be idiots), well that's fine (he may be perfectly intelligent but ill-informed on one point) but there are more civil ways to express it.

      My dear fellow nerds, until you learn to express your ideas in civil, polite ways that are accepted by the elite, you will forever marginalize yourselves. If you care about your ideas, learn to be civil when expressing them. There's no reason for the viciousness of the last post; simply stating the facts would have been more than adequate.

    11. Re:Cue Idiot Who Doesn't Understand Libertarians by Shihar · · Score: 0, Flamebait

      Arguing over which economic model is like arguing which religion is right, so I will spare you. To be honest, I wouldn't want a 'true' libertarian society and would label myself a moderate libertarian. That said, you have some misconceptions as to what true libertarian ideals involve.

      Libertarians are not against consumer protection. If you bought a car in a libertarian society and the second you hit the breaks the car exploded, that would be a criminal act. Libertarians have no problem with inflicting retribution on corporations that sell defective or dangerous products. The difference is that in a perfect utopian libertarian society, if you truly wanted a dangerous product that would only harm yourself, you would be allowed to take it providing that you fully understood the risks involved.

      This is most notable when talking about drugs. A crazy ultra libertarian society would let you do heroine. They might make it so that you have to stand before a witness and consent to the health risks involved, but providing it was your own life you were looking to trash, in a libertarian society they would not stop you. This is the key point about consumer protection. Faulty products are inexcusable. On the other hand, doing something potentially life threatening once you consent to the consequences (regardless if its eating a BigMac or doing cocaine) is acceptable.

      As far as toxic waste dumping and other environmental topics, libertarians take a slightly different approach. Their approach is to create ownership wherever possible and to focus on the ends of environmental goals. CO2 emissions are a nice example. CO2 is dumped into the air. No one owns the air. A traditional approach might be to order all coal plants to build scrubbers to scrub some fraction of the CO2 and further mandate that no plant can dump more then X amount of CO2. A libertarian approach would be to decide how much CO2 society is reasonably willing to accept being dumped into the air, then sell off the rights to dump CO2 to the highest bidder. The idea behind that is this is that those CO2 rights will be allocated in the most efficient manner possible because now there is an economic drive to reduce CO2 emissions.

      Hell, imagine if every single car had to BUY CO2 emission rights? Now when you go to buy your car, you have to also buy CO2 dumping rights at market value so that you can drive the damn thing. Do you think this would make consumers a hell of a lot more aware of how their polluting effects the environment? You betcha. As it stands, consumers are not forced to think about the impact of their SUV. Emissions only get lowered as auto companies, environmentalist, and politicians fight it out. This method brings home the cost of the environment. This is how a libertarian would want to deal with the environment. Yeah, it sounds horrible, but they would want to commodify the commons, set a limit as to how much society is willing to damage the environment, then make anyone who wants to do the damage pay.

      All of that said, you are right, libertarianism is not ideal. Libertarians have some great ideas. They are extreme, and like all extremist, they are willing to pick ideology over utility. Personally, I would rather see a more libertarian world. I don't want anarcho-capitalism, but I wouldn't mind if the some power was snatched from the politicians' hands. Most of the 'capitalism' that liberals rail against these days is anything but. If farm subsides in developed nations, land grants via the government to businesses, mother-fucking possession of land for redevelopment (hey, PS. fuck you supreme court), and various kickbacks and tax breaks to some companies but not others is "Laissez-Faire Capitalism, Randism, Libertarianism", then I must have exceedingly poor reading skills. Everything I have read seems to suggest that those are examples of an overly powerful authoritative government, not libertarianism taking hold.

    12. Re:Cue Idiot Who Doesn't Understand Libertarians by gowen · · Score: 1
      How absurd that a philosophy that intends to promote personal liberty allows slavery!
      Bingo. That's because libertarianism only promotes the liberty of the financially independent. It's never happened in America, but we've had the libertarian system in Britain, only we called it feudalism, and we called such economic slavery serfdom.

      Fortunately, we grew out of it.
      --
      Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
    13. Re:Cue Idiot Who Doesn't Understand Libertarians by Anonymous Coward · · Score: 0
      As a libertarian, by what moral right do you claim allows you to take George Lucas' property from him?
      What use is it to talk to someone who believes that copyright is property?
    14. Re:Cue Idiot Who Doesn't Understand Libertarians by Moderatbastard · · Score: 0
      I mean that there exists no possible way to have a society without limiting, in some way, personal liberty.
      There exists a model, albeit fictional, for such a society: Robinson Crusoe.
      --
      1/3 of jokes get modded OT. If you get the joke, mod 1 in 3 insightful/interesting/underrated to restore karma balance.
    15. Re:Cue Idiot Who Doesn't Understand Libertarians by Anonymous Coward · · Score: 0



      As a Libertarian, once I've bought George Lucas' property I consider it my property. Imagine if I bought his car and had to ask for permission to let any one else drive it?

      <Under libertarianism, you allow slavery conditions. How absurd that a philosophy that intends to promote personal liberty allows slavery!>

      Your absolutely right! Under Libertarianism if you desired to be a slave, no one would stop you from becoming one. I'm sure your thinking of something else, like forced slavery, but you have to remember that Libertarianism believes Personal Liberty is paramount. No other system I've ever heard of is as strong as Libertarianism on this issue.

      All the other systems treat the individual as a child that either needs to be protected for their own good or exploited for someone elses (or both). Only Libertarianism treats the individual as an adult and allows them to make their own decisions and mistakes and holds them responsible for their own actions.

    16. Re:Cue Idiot Who Doesn't Understand Libertarians by node+3 · · Score: 1

      As a Libertarian, once I've bought George Lucas' property I consider it my property.

      Because you won't have "bought" his property, you'll have leased it. The DVD will remain "Property of 20th Century Fox", and the only rights you'll have are those which Lucas has granted Fox to grant you.

      Libertarians are big on IP. If you aren't, then you aren't following libertarianism. Certainly, libertarians are against the increasing copyright laws--it's government encroachment. Instead, they want to give the creator of the content the right to decide under what terms to release it. Do you think Fox is going to release it under the Creative Commons?

      Your absolutely right! Under Libertarianism if you desired to be a slave

      That's not what I'm referring to. Libertarianism allows you to you sign a contract that makes you a slave, either directly, or indirectly through devious means.

      Right now, no matter how poor you are in America, you cannot sign a contract that directly makes you a slave. Under libertarianism, if you are poor, there will be situations where your only hope of eating is to sign such a contract.

      But it's worse than that. Under libertarianism, it's absolutely OK to devise a contract that looks like it says one thing, but really traps you. For example, see the "company store" scenario where you sign up for employment, and can't leave if you still owe the company money, but the company will never pay you enough to cover the costs of food and lodging from the company store.

      "another day older and deeper in debt. St. Peter don't you take me 'cause I can't go, I sold my soul to the company store."

      That's allowed under libertarianism, and if it's allowed, it will happen, and when it does happen, will you, as a libertarian, with glee state, "How great our system is!"?

      Or a contract which feeds on the elderly? On the young who don't know better?

      The fact is that in society, there is no lack of supply of people who can be tricked, and these aren't people who "deserve" it. I'm sure, I'm absolutely 100% sure, you've been tricked at some point in your life. How would you like it if one trick is all it took for someone to have the legal right to take every cent you'll ever earn for the rest of your life?

    17. Re:Cue Idiot Who Doesn't Understand Libertarians by node+3 · · Score: 1

      Arguing over which economic model is like arguing which religion is right

      Absolutely. Most people pick, for whatever reason, some system, then stick with it, and completely ignore logical arguments.

      I'm not one of those people. If something I believe is shown to be logically false, I'll abandon it in that form without pause.

      If you bought a car in a libertarian society and the second you hit the breaks the car exploded, that would be a criminal act.

      I don't believe this is true at all. Unless the car is sold with the guarantee that it "won't explode", then the libertarian stance would be, "people have the right to buy potentially exploding cars if they want, and people have the right to sell potentially exploding cars if they want. If the buyer doesn't want to buy a potentially exploding car, it's up to him to do the research. You can't hold the car dealership/automaker at fault for selling something they have absolutely every right to sell."

      A crazy ultra libertarian society would let you do heroine. They might make it so that you have to stand before a witness and consent to the health risks involved

      Again, I don't believe this is true at all. I believe not only would you be allowed to do heroine, but you would not be forced to seek any sort of government permission to do so.

      CO2 emissions are a nice example. CO2 is dumped into the air. No one owns the air.

      Libertarians have no notion of "public property". They do have the notion of, "if the air is above my land, it's my air. Stop by if you want to discuss the issue. You have three choices, you can pay me to not pollute my own air, you can get the hell of my land, or you can say hello to my double-barrel shotgun."

      Hell, imagine if every single car had to BUY CO2 emission rights?

      From whom, exactly, do you buy those rights? The one entity that libertarians do not believe should have such power?

      All of that said, you are right, libertarianism is not ideal. Libertarians have some great ideas.

      I believe what you've done with your examples above where to take a libertarian-style idea, and transform it with, "what would be a rational way to apply this idea?" I also think you admit this with your next sentence:

      They are extreme, and like all extremist, they are willing to pick ideology over utility.

      And that's the problem. Like you say, libertarianism isn't alone in this, it's just that right now libertarianism is the topic at hand.

      The fundamental problem with Libertarianism is that it contradicts reality. Personal Liberty can never be absolute in an actual society. Some times (increasingly becoming many times, until eventually, all the times) the wealthy will be able to gruesomely exploit the poor. The libertarian argument would be that "if society chooses to devolve into feudalism, so be it", but that is foolish. Like all people, the rich and powerful will desire to be even more rich and more powerful. This is not a bad thing, it's just true. But without safeguards in place, without limiting the liberty of the rich and powerful, they will march society ever backwards, ever away from the "personal liberty" libertarians hold so dear.

      It's not just the rich and powerful that need, in order to have a healthy society, to be limited. Even the poorest person, in acts of valid self-interest, can cause unacceptable harm to society. Politics is the difference in opinion on when to side with the individual, when to side with society, and when to side with some sub-group of society, etc, on some issue or another. Under libertarianism it's "always side with the individual in questions of 'society vs individual', and stay out of the question of 'individual vs anyone else'".

    18. Re:Cue Idiot Who Doesn't Understand Libertarians by Anonymous Coward · · Score: 0
      I mean that there exists no possible way to have a society without limiting, in some way, personal liberty.

      There exists a model, albeit fictional, for such a society: Robinson Crusoe.

      One person isolated from the rest of humanity is by definition not a society.

    19. Re:Cue Idiot Who Doesn't Understand Libertarians by Shihar · · Score: 0, Flamebait

      I think you are confusing capitalistic anarchy for libertarianism. Libertarians DO believe that the government has a role. They just differ as to the extent of that role. There are things where libertarians have no problem involving the government. A car that explodes due to negligence isn't the right of the car company unless the car company told you that they were selling you an exploding car. If you really wanted an exploding car, you of course welcome to buy one and use it on your own property, but if a car company sells you a bomb and calls it a car, libertarians would be all for throwing them in jail and litigating them out of existence. In a libertarian society you do not have the right to misrepresent a product any more then you can in this society.

      As for drugs, it isn't government permission you need. What you need is to agree to not sue the drug company that sells you the heroin when it puts you in a hospital. If a drug company sells you heroin and doesn't bother to mention that their product is lethal, in a libertarian society you are free to litigate against them. Libertarians DO believe that the government is an arbiter in contract law. A libertarian would not be against mandating that when entering a contract to use a substance that has a great possibility of being lethal and addictive, that the user must go through a training program that fully explains the dangers of the drug before they can use it.

      Libertarians have no notion of "public property".

      That simply isn't true. I have yet to hear any libertarian advocate private ownership of air. Further, you are taking libertarianism to its fullest extreme. That is like accusing a socialist of being insane because nations NEEED currency to function, all the while having the socialist looking at you like an idiot because he never advocated the banishment of currency. The extreme farthest end of socialism might demand money be done away with, but no sane socialist would advocate doing it because we have yet to develop a method of better assigning value better then money when confronted multiple economic options.

      They do have the notion of, "if the air is above my land, it's my air. Stop by if you want to discuss the issue. You have three choices, you can pay me to not pollute my own air, you can get the hell of my land, or you can say hello to my double-barrel shotgun."

      From http://www.cato.org/pubs/chapters/marlib23.html

      Pollution is generally some form of waste, but even if pollution were unavoidable in certain manufacturing processes, strongly enforced property rights would force polluters to either clean up or close shop. By definition, pollution is a trespass against someone's property or person.

      If you want to get technical and take libertarianism to its extreme, in this case if a company that is spewing HCl into the air and that HCl floats over your property line and causes you to vomit blood, you get to sue them out of existence and throw them in jail for causing you bodily harm. Dumping onto private property that is not yours is absolutely forbidden in a libertarian society. As you have already noted, libertarians take the concept of private property very seriously, and dumping your waste onto property other then your own is a massive violation of private property. In the most extreme of libertarian societies were literally everything was owned, polluting would be almost impossible. Every scrap of pollutant you create, you would need to withhold on your own property. If any of that pollution seeped off of your property, you would be immediately held fully liable for it and it would be treated as if you drove a dump truck onto someone's law and dumped toxic waste into intentionally. If you want to talk about extremes, in a truly libertarian society pollution is completely impossible.

      Of course, such a society would cease to function. Society needs to be able to pollute to at least some d

    20. Re:Cue Idiot Who Doesn't Understand Libertarians by SilverspurG · · Score: 1
      Under a libertarian market, it's absolutely OK to sell drugs that will kill you
      No different than now. You give the FDA far too much credit. What about McDonald's food? Perfectly legal. It will kill you. The answer is less regulation, not more.
      To a libertarian, the promotion of the progress of science and the useful arts is not a legitimate task for the government.
      Wrong. It's in the Constitution. Libertarians are all about "play by the rules". The Constitution sets the rules. The issue at hand is that Congress doesn't seem to understand what the 9th and 10th Amendments mean.
      As a libertarian, by what moral right do you claim allows you to take George Lucas' property from him?
      Is it any different than the IP agreements we sign with our companies before we're allowed to make a salary which allows us to pay rent? They claim ownership of things not even invented yet. Additionally, no Libertarian is going to take your IP away from you. But if you give it out don't start whining and complaining that the people you gave it to aren't using it as you see fit.
      It is impossible to have a society without placing some limits on personal liberty.
      Libertarians are not anarchists. You're quite attached to that particular lie. The vast majority of your argument depends on it.
      they promote a system which cannot work
      The length of your ignorance is truly truly truly amazing. Libertarians promote a system which adheres to the Constitution. It can work and it would work if the American public weren't completely blind to political corruption, graft, and greed.
      Under libertarianism, you allow slavery conditions.
      This is so ridiculous. What do you think minimum wages are? They're slavery conditions in a modern society. In a Libertarian society we wouldn't be so hopelessly attached to the paycheck that we have to submit to such conditions because, in a Libertarian society, the government wouldn't be sucking communities dry.
      But sometimes society is better when laws limit individual freedom
      If you read the Constitution there are some limitations on individual freedom and those are perfectly acceptable because they're in the rules. Libertarians have a problem with the changes that Congress has made to the rules when they haven't really had the legal authority to do so.

      I think you just have a problem with Libertarians. Maybe one of them beat you at tiddlywinks or something. On and on and on you go about how Libertarians allow the rich and the wealthy to hamstring the rest of society. Open your eyes for just one moment to see that's what's happening now, because of the government, because of the current system of neverending oversight.
      --
      fast as fast can be. you'll never catch me.
  13. Optimism by NickFortune · · Score: 5, Insightful
    How many millions of smart (don't prove me wrong) people read this? We're a force of Nature on the Internet, capable of manually DDoSing servers into a meltdown.

    But our power can be more usefully applied as a grassroots political force than by merely DDOSing all and sundry in an ineffective attempt to change policy. That tactic just gives the opposition a ready ad hominem attack with which to dismiss us, no matter how just our cause or how rational our arguments. As with SCO, every web site outage for the next six months suddenly becomes the work of lawless commie pirate hackers who want to selfishly stop people making music and... well, everyone looses interest, expect maybe to pass tough new laws further restricting free speech online.

    Not that I'm saying that was your suggestion, but I'd hate for someone to misread it that way. I'm sure you understand.

    Let's turn that power to doing good -- statistically, at least one person here is bound to have a good idea.

    I think the good idea is the charter from TFA. This is a tremendously valuable contribution to the debate. For one thing, the Royal Society have considerable prestige. It's a lot harder to laugh them off than it is slashdot. The diversity of the authors helps in this regard as well.

    For another the charter gives us a good talking point - something to campaign for. So you can contact your local lawmaker type and ask what he'd doing to bring about compliance with the Adelphi Charter. We can use it as a justification to ask whether the public good has been considered in respect to a specific IP ruling, and as further support for the abolition of software and business methods and software patents.

    This doesn't give us any new techniques for getting the attention of government - but then we don't really need any - the old ones still work. What this gives us a lot of new, high quality ammo. My bright idea would be to suggest that we use it.

    --
    Don't let THEM immanentize the Eschaton!
    1. Re:Optimism by Itchy+Rich · · Score: 1

      For one thing, the Royal Society have considerable prestige.

      The Royal Society do have considerable prestige, but we're talking about the The Royal Society for the encouragement of Arts, Manufactures & Commerce - commonly known as the RSA. As far as I know the two organisations are not connected. You may know this already but plenty of people wont.

    2. Re:Optimism by NickFortune · · Score: 1
      The Royal Society do have considerable prestige, but we're talking about the The Royal Society for the encouragement of Arts, Manufactures & Commerce - commonly known as the RSA.

      Touche, sir. :) That's what I get for reading slashdot in the wee small hours before bed.

      All the same, the RSA isn't entirely without prestige. They were founded in 1754 and can still claim royal patronage.

      I reckon they'll do.

      --
      Don't let THEM immanentize the Eschaton!
  14. Gilberto Gil, biopiracy, and Brazil by wwwrench · · Score: 5, Informative

    Gilberto Gil is a pretty interesting guy. A few days ago, the guardian had this pretty interesting article about him, which talks a bit about Brazil's stance on free software. What is going on in Brazil is pretty interesting, also in terms of patents on food. For example there was a huge outcry after a Japanese firm patented a modification of the delicious cupuaçu fruit. The term "biopiracy" is part of popular language over there.

    --

    Deconstruct the State
    1. Re:Gilberto Gil, biopiracy, and Brazil by DMorritt · · Score: 1

      actually, if you have ever eaten cupuaçu, its pretty horrible, my girlfriend brought some handmade chocs back from brazil, i only had the one!

    2. Re:Gilberto Gil, biopiracy, and Brazil by Anonymous Coward · · Score: 2, Funny
      From the Gilberto Gil article:

      The two worlds of Gil's music and his politics merged most closely when he announced that he would license some of his own songs for free downloading. Time Warner, which owned the licences in question, quickly announced that, actually, he would not. "That showed me how difficult the situation is," he says. "An author is not the owner anymore. He doesn't exercise his rights. His rights are exercised by someone else, and sometimes the two don't coincide."

      Mr. Gil sure is lucky Time Warner is looking after the artists' interests. He almost threw away his motivation to make another album.

    3. Re:Gilberto Gil, biopiracy, and Brazil by joe_adk · · Score: 1

      hmmm... pretty interesting

    4. Re:Gilberto Gil, biopiracy, and Brazil by Anonymous Coward · · Score: 0

      Cupuaçu has a refereshing flavor, vaguely like peppermint, though it's a fruit. I think it's not suitable for chocolate (unless we're talking about mint chocolate, which itself it's not such a good idea).

      You'd better make juice or icecream out of it. And yet it's more exotic than tasty like e.g. peach icecream.

    5. Re:Gilberto Gil, biopiracy, and Brazil by Moderatbastard · · Score: 0
      mint chocolate, which itself it's not such a good idea
      Right. Shall I let them know, or do you want to do it?
      --
      1/3 of jokes get modded OT. If you get the joke, mod 1 in 3 insightful/interesting/underrated to restore karma balance.
  15. Optimal balance possible for IP? by Alwin+Henseler · · Score: 5, Insightful
    From the summary: "The charter calls for evidence-based policy, and a balance between rights protection and the public domain."

    Who says there needs to be a balance at all? You have 2 extremes when it comes to intellectual 'property': a) none, read: no IP protection of any kind, and b) the kind that would give **AA bosses a wet dream. You think (what is best for society as a whole) is somewhere in between? Personally, I doubt it. I seriously doubt that the whole concept of intellectual 'property' has ANY net postive effect for society as a whole. I think it's more like DRM: good for some, but mostly a net negative, overhead, 'red tape'.

    Now since around the same time that the concept of IP was introduced, there's been an explosion in literature, music, scientific advances etc. And proponents of IP protection like to say that's cause and result. I think that's bull, and pure coincidence. Anyone think the world would never have seen beautiful animated movies like those coming from the Disney studios, had there been 0 IP protection? Or that MP3 audio format would never have been developed?

    We'll never know, since there's no way to find out what our world would be like if IP protections hadn't existed. But I do know one thing for sure: the overhead that IP protections cause, exist. No doubt about that. Drawing up licenses costs money, enforcing them costs money, fighting over them in court costs money, destroying 100,000 counterfeit CD's is waste (of energy and production capacity), reading EULA's takes people's time. Anyone ever tried to make an estimate how big a cost to society this all adds up to?

    For me it's been clear for a while: I fundamentally don't like the concept of intellectual property (even for what I might produce myself), and simply try to ignore it as much as I can get away with. Like so many people do in practice. Oh and BTW: that doesn't mean none of my money goes to creative folks like musicians etc. It's just not IP laws that make me do that.
    1. Re:Optimal balance possible for IP? by Bogtha · · Score: 1

      I seriously doubt that the whole concept of intellectual 'property' has ANY net postive effect for society as a whole.

      I seriously doubt we can come up with a meaningful answer to that question until we have mainstream media entering the public domain on a regular basis.

      --
      Bogtha Bogtha Bogtha
    2. Re:Optimal balance possible for IP? by the+eric+conspiracy · · Score: 2, Interesting

      since there's no way to find out what our world would be like if IP protections hadn't existed.

      There sure is. There are many nations that never enacted IP laws or don't enforce them. Look at the state of the film industry in Hong Kong for example. During the mid-90's Hong Kong produced over 300 features per year and had a yearly income of more than a bilion HK dollars. In 2004 the produced only 64 features because rampant piracy prevents studios from making money on film.

      There are plenty of examples of this sort if you take the time to do the research.

    3. Re:Optimal balance possible for IP? by Anonymous Coward · · Score: 0

      I fundamentally don't like the concept of intellectual property

      You need to think that position through a little more.

      We have TRADEMARKS, which are very pro-market. They ensure that the red can you buy in the supermarket is actually Coca-Cola, and not Joe's Red Death Rat Poison (to use an extreme example). They essentially are government-enforced honesty, if you think about it. I know an Apple computer has certain features and certain level of quality. I don't want to be afraid of buying it because someone has set up an identical-looking store with identical-looking products. And likewise, if I were a goods producer, I would be quite upset to find someone else making money off MY GOOD NAME. And trademarks require due diligence on the part of trademark holder. You can't just open up the dictionary and start trademarking every word, you have to actually be engaged in TRADE with the MARK. So I'm mostly cool with Trademarks.

      Then we have PATENTS, which are discussed all the time on Slashdot, so I won't go into more detail. It seems the patent system needs some adjusting. I'd be happy to see business method and software patents go for instance. I'm basically on the fence with respect to food and medical patents. I think the patent system needs some serious overhaul. So Patents I can live with... but they need improvement.

      Then there's COPYRIGHTS... oh boy. I *almost* feel like we should just repeal copyright law completely for a couple decades and see what happens. Or at least go back to the "founder's copyright" with a 14-year limit. As the cost to publish come DOWN, the strength of copyrights has been going UP which is totally backwards. Strong copyright made a lot more sense when it was expensive to publish.

      So THINK about what you're writing, don't just pile all these concepts together. A market-based economy without trademarks for instance, would be total chaos. Nobody would buy anything, and nobody would produce anything because there'd be no way to even *name* your product!!

    4. Re:Optimal balance possible for IP? by argoff · · Score: 2, Insightful

      During the mid-90's Hong Kong produced over 300 features per year and had a yearly income of more than a bilion HK dollars. In 2004 the produced only 64 features because rampant piracy prevents studios from making money on film.

      That's not a fair example though because the copyright system distortes the industry to begin with. For example, the money that went into those 236 features that weren't produced could have very arguably been redirected toward creating online content on the internet, or online services that provided 10 times more value to society.

      A better example would be how UNIX was completely falling apart untill the GPL which nutralizes the copyright threat - mobilized behind GNU/Linux and has created the market uptake greater than the internet or the home PC combined.

      Another example would be how IBM lost it's big patnet suit over the IBM compatable PC and shortly after such PC's completely took over the market place and created hundreds of billions of dollars worth of wealth that never existed before. Infact, better engineered competitor systems never really took off at all.

      TCP vs Novell and Token Ring, the integreated circiut, and with countless pieces of software. A compaire and contrast battle has played out time and time again inspite of the predictions of the pro copyright and patent crowd. In almost every case, the most proprietary technology has lost out in the marketplace every time.

      There are plenty of examples of this sort if you take the time to do the research.

      All the examples I have seen come from the perspective "will hollywood make more money if the rules change" and not from the perspective "will this create more wealth and value in society". Things like the PC, TCP/IP, and Linux create value that directly influences peoples wealth and prosperity. Things like movies, are just entertainment - sure that plays a role, but not one to justify microregulating the internet to brow beat copyrights down everyones throat.

    5. Re:Optimal balance possible for IP? by Anonymous Coward · · Score: 0

      I'm a big fan of Hong Kong films and there are a few problems with your post, perhaps the most important of which is that business in general in Hong Kong during that period was in a major slump due to uncertainty after the changeover from British rule to mainland Chinese (from 1997 onwards) as well as the SARS outbreak in 2003.

      Additionally, the Chinese have long been renowned for having a high rate of unauthorised videos, VCDs and DVDs. Why would this, as you assert, only now begin to start affecting production?

      Given those points as a backdrop, your assertion that what you call "piracy" (and please do stop using industry-sponsored emotive buzzwords) caused the production of films in Hong Kong to fall of is certainly false.

    6. Re:Optimal balance possible for IP? by the+eric+conspiracy · · Score: 2, Interesting

      Given those points as a backdrop, your assertion that what you call "piracy" (and please do stop using industry-sponsored emotive buzzwords) caused the production of films in Hong Kong to fall of is certainly false.

      It is no accident that cheap methods of reproducing DVDs coincided with the demise of the HK film industry.

      http://cio-asia.com/ShowPage.aspx?pagetype=2&artic leid=2175&pubid=5&issueid=55
      http://english.sina.com/taiwan_hk/1/2005/0430/2961 6.html
      http://www.geocities.com/Hollywood/Set/8801/jcnopi racy.html
      http://www.pwchk.com/home/eng/e&m_article_apr2003. html
      http://www.grayzone.com/hkmarch99.htm
      http://www.findarticles.com/p/articles/mi_m0WDP/is _1999_March_22/ai_54400833

      The above articles describe economic slumps as a factor, however they point to piracy as the primary reason of the demise of the industry. Basically few will invest in making a new film because the returns are crippled by piracy.

  16. actually.... by ecalkin · · Score: 1, Interesting

    extended period copywrite protects microsoft in two ways:

        first, would be valuable code in window 3.1 that would help the people writing windows emulation write better stuff. even though it's win16, it would still help to understand where ms started and give clues to where it went.

        second, i would expect that there is a lot of source code out there (not just ms) that would have evidence of wrong doing. patent infringement would still be an issue for several more years and trademark/servicemark infringement (not as likely) would be an issue for a lot longer. while the statute of limitations might have run out, it would give ammunition to organizations claiming copywrite infringement.
        i would also expect other bad things to be found is source code.

    eric

    1. Re:actually.... by Dwonis · · Score: 1

      WTF are you talking about? Nobody mentioned releasing source code.

    2. Re:actually.... by ecalkin · · Score: 1

      we were talking about a 14 year copyright. if copyright expires, the source becomes available.

          it is my understanding that they only way to protect a resource from becoming public domain is to try and protect it as a trade secret (the formula for coca cola, etc).

          ms might try to keep the source under wraps, but once copywrite expires, copies are *legal*.

    3. Re:actually.... by 808140 · · Score: 1

      Friend, you're mistaken. Copyright applies only to published works, not unpublished ones. When copyright on a derivative, published work expires, the entity holding the copyright is under no obligation whatsoever to publish the unpublished work from which it was derived. In this case, the "derivative" work is the binary distributed by Microsoft; the unpublished work from which it was derived is the source code.

      In some cases, the source code (or parts of it) may have been published, under something like a shared source initiative -- and if that distribution happened long enough ago that copyright has expired, that published work would indeed become public domain. Only in this situtation would distribution of MS's source code be legal, and then only the source code that MS licensed (which is not necessarily the same code used to produce the binaries, and is not necessarily complete).

      Hopefully that clears things up for you a bit.

    4. Re:actually.... by cpt+kangarooski · · Score: 2, Interesting

      Copyright presently applies to works regardless of whether they were published or not.

      However, we can deal with the situation at hand fairly easily, so long as we're considering reforms.

      Require publication and deposit as copyright formalities (as has traditionally been the case). Expand the scope of publication to include all sorts of public release, including performance. Expand the requirements for deposit to include such supplementary information as the Copyright Office believes is reasonably necessary to ensure that the work is useful to the public when it enters the public domain. In the case of software, this would require that you deposit copies of well-commented source code in order to get a copyright even on just the binaries. That the source is disclosed doesn't mean that people can copy it at will. It's still copyrighted. But people can learn from it, and we can rely on it being around when the software enters the public domain.

      Finally, reduce the term of copyright for software to something reasonable. I think that 5 years ought to be enough.

      --
      -- 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.
    5. Re:actually.... by Baricom · · Score: 1

      Actually, copyright protection applies to unpublished works as well, provided they would otherwise be eligible for protection (see http://www.copyright.gov/circs/circ1.html#uw). The rest of your post is on the right track. Just because copyright expires doesn't mean the owner suddenly has to give the work away - they just lose the right to keep other people from making copies of it.

  17. Re:Slightly off topic: Mission Impropable?? by Anonymous Coward · · Score: 0

    You better keep us up to date - I'm already erect with excitement.

  18. Overlord by Anonymous Coward · · Score: 0

    Now THIS is an overlord I would welcome!

  19. Snerk . . . Lawyer Parade by Anonymous Coward · · Score: 0

    "These laws and regulations must serve, and never overturn, the basic human rights to education,employment and cultural life."

    My clients demand monetary damages for violations of their right to a cultural life! As you can clearly see, my poor clients have no lives at all!

  20. Can we get some protection for receipes?! by QuantumG · · Score: 4, Insightful

    Jesus, people continue to pirate receipes every day and the law does absolutely nothing about it. It only takes mediocre cooking skills to follow a receipe, which means people who would otherwise need to engage the services of professional chefs are capable of producing meals that are comparable to restaurant quality. No wonder chefs are so poor! If they had some legal protection they could continue to advance the culinary arts without giving up their livelihood. Stop home kitchens now! It's not like software is any more complex than a cooking receipe, and programmers get legal protection for their works.

    --
    How we know is more important than what we know.
    1. Re:Can we get some protection for receipes?! by Tim+C · · Score: 1

      Actually, a lot of recipes are protected. When was the last time you cooked up some KFC or made some Coca Cola?

      There are a great many ways of making "southern-fried chicken", and you're welcome to follow any recipe you like. You can't make Kentucky Fried Chicken(tm) unless you're KFC. The situation is just the same for software - you're free to write your own word processor, you just can't write Microsoft Word.

    2. Re:Can we get some protection for receipes?! by QuantumG · · Score: 4, Insightful

      False. Clearly and absolutely. If I reverse engineer KFC and create a receipe I am free as the wind to publish that receipe, sell it to others or even set up my own chicken selling franchise. Same goes for Coca Cola. On the other hand, if I reverse engineer software I am creating a "derivative work" and their copyright still applies. Patents make it even worse.

      --
      How we know is more important than what we know.
    3. Re:Can we get some protection for receipes?! by po8 · · Score: 3, Informative

      Actually, a lot of recipes are protected. When was the last time you cooked up some KFC or made some Coca Cola?

      There are a great many ways of making "southern-fried chicken", and you're welcome to follow any recipe you like. You can't make Kentucky Fried Chicken(tm) unless you're KFC. The situation is just the same for software - you're free to write your own word processor, you just can't write Microsoft Word.

      Actually, you are confusing not two, not three, but four distinct kinds of "Intellectual Property" law. (One can see from this example why Stallman hates the term so much. Disclaimer: IANAL.)

      1. A copyright would prevent folks from reproducing and selling the recipe without a license, but would still allow folks who had the recipe to cook with it. Recipes are not copyrightable under current US law, though collections of recipes (recipe books) are. If you have the KFC recipe, you may give or sell it to anyone you want.
      2. A patent would require that the recipe be disclosed, but would prevent anyone from legally cooking from the recipe without a license. Recipes are not patentable under current US law. If you have the KFC recipe, you may make KFC all you like.
      3. A trademark would prevent folks from calling the recipe or the food produced from it by its commercial name without a license. Recipes are no more entitled to use trademarked names than anything else under current US law. If you have the KFC recipe, you may not publicly call it "the KFC recipe" nor the chicken you cook "KFC" or "Kentucky Fried Chicken".
      4. A trade secret would not allow you to obtain the recipe from its corporate author without a license. US law (and US state law) is currently somewhat confused on this issue. Suffice it to say that unless and until the KFC recipe became widely known, if it was taken from the KFC corporation illegally you would probably be liable for posessing and/or sharing it under trade secret law.

      Incidentally, according to William Poundstone's book Big Secrets, the "secret" recipe for KFC is salt, flour, pepper, and MSG: cook in a pressure baster. By telling you this, I have as far as I know violated no US laws. Go cook up some chicken that tastes "Southern Fried" and contemplate the complicated world of the simple recipe.

    4. Re:Can we get some protection for receipes?! by stupid_is · · Score: 1
      Almost as bad as these fools

      --
      -- Intelligence is soluble in alcohol
    5. Re:Can we get some protection for receipes?! by QuantumG · · Score: 1

      Dear god, they're actually serious.

      --
      How we know is more important than what we know.
    6. Re:Can we get some protection for receipes?! by stupid_is · · Score: 1
      I'd been hoping to find some acknowledgement on the site to say it's a spoof, but was bitterly disappointed. Hopefully, it'll get laughed out of court, but I won't hold my breath as all sorts of gibberish gets passed into law in the US

      --
      -- Intelligence is soluble in alcohol
    7. Re:Can we get some protection for receipes?! by po8 · · Score: 1

      Actually, though IANAL, I don't believe you are correct about reverse engineered software automatically being a "derivative work" under copyright law. This is why "clean room" reverse engineering is done; if the team that writes the new version provably hasn't seen any of the code of the old version, they almost by definition cannot have infringed the old copyright with their new version. Patents are still a problem for the clean room team, though.

      In any case, reverse engineering is not the real issue. If I cut the recipe for KFC out of a magazine, I am "free as the wind to publish that recipe, sell it to others or even set up my own chicken selling franchise." The same is by default not true for the recipe file program I find on a CD in that same magazine. <sarcasm>I hope it's clear how the result has been way more creativity in recipe filing programs than in the recipes themselves, widely-watched television broadcasts have sprung up around programming, etc. Indeed, there's hardly creativity expended or money made on recipes at all, since their creators cannot profit by licensing them.</sarcasm>

  21. Misleading Title (as ever) by 2008 · · Score: 5, Informative

    The Royal Society* is an organisation that promotes UK science, The Royal Society for the encouragement of Arts, Manufactures & Commerce is different.

    *Yes, they should call themselves The Royal Society of Britain or something else a bit more specific to prevent confusion like this.

    --
    I quit!
    1. Re:Misleading Title (as ever) by sane? · · Score: 2, Informative

      They do, they call themselves the Royal Society of Arts (, Manufactures and Commerce) or RSA. Its an accident of history that the Royal Society isn't called the Royal Society of Science but since both organisations have been going for over two hundred years I don't think things are going to change now.

  22. IP laws are no longer necessary for the public by Turken · · Score: 4, Insightful

    Every time I read something about IP law, whether copyrigt or patent or whatnot, I always see the same argument that if IP law were not present then the whole economy would collapse because all the content and idea producers would stop producing their wares due to lack of profitability.

    Pure BS. I can guarantee that at this point in our society the abolition of IP law would do anything BUT destroy the economy of a nation or the world. Why can I guarantee this? Because the general public has become accustomed to being content consumers. When something comes along (say, digital music) that is significantly useful or good, people will consume regardless of the "legality" of it. Hence, the widespread piracy of music and the eventual development of legal download services.

    People want their music, their movies, their medicines, and their meat. The incumbent monopolies keep saying that without DRM, broadcast flags, or patents, they would never produce the products that they do. I say that's just fine by me. Because even if the big companies halted all production in protest of the removal of IP laws, the public would still maintain its desire to consume, so at that point the market will be wide open for ANYONE to fulfill the neeed of the people and profit from it.

    I'm not saying the IP laws SHOULD be abolished, just that they are seriously flawed and need some reform a 'la the article above. Also, the public's need for "stuff" is a powerful force (capable of toppling governments in the past), so it is only a matter of time before the current establishment of monopolistc laws fall as well. The sooner the change comes though, the better all will be.

    1. Re:IP laws are no longer necessary for the public by 808140 · · Score: 1

      I'm entirely in agreement with the basic premise of your post (ie, that this-thing-we-call-IP is at best a legal fiction and at worst an abomination), but your logic doesn't make very much sense.

      There's a lot of stuff that is debated in Economics, but the laws of supply and demand aren't in that category. When price for a good decreases, the quantity of goods demanded by consumers, all things being equal, will increase. Conversely, as the price of a good decreases, the willingness of a producer to supply that good decreases. It is these two laws, acting in concert, that act to bring the prices and quantity produced into equilibrium. It is true of all goods.

      When the effective price of a good, such as music, for example, drops to zero, it should come as no surprise whatsoever that consumers start consuming it like crazy. It should also come as no surprise whatsoever that the suppliers of this good become less keen on supplying said product (or try their best to prevent the activities or competitors that are causing the price shift from entering the market -- which is what they are doing at present).

      The idea in your post is not a new one: you've just stated Say's Law, a law in classical economics which suggests that supply is irrelevant because demand creates its own supply. Unfortunately, this idea doesn't appear to hold in most cases.

      Here on Slashdot, we've come up with a number of reasons why the content creation industry (music and books, at least) will continue, regardless of whether the RIAA and the publishers perish or restructure. This is because, in actuality, these massive companies create little or no content at all themselves (or perhaps it would be more accurate to say, little worthwhile content, but that's subjective). Instead, they have occupied a niche whereby they publish the works of others, and make a profit doing so. This was possible in the past because the machinery and technology required to mass produce was in almost all cases far out of the reach of individual artists and authors.

      Despite what wide-eyed and bushy-tailed slashbots claim, that is still mostly true today, but it is clear that there is enabling technology on the horizon that will make most or all of their current services obsolete. The machinery and software required to record music and produce albums for artists is already something that a hobbyist can do in his or her garage, although at this point the quality isn't really competitive in most cases -- but it will be, and that's clear to anyone, as prices of equipment drop and free software replacements for expensive music editing and recording software finally get to a point where a critical mass of home-producers can use them. In the book-publishing industry, the rise of e-books, which despite setbacks will probably become quite a popular way of reading books in the future, makes the ability to print paper copies less valuable to authors.

      The only real problem left that individuals have is distribution. Certainly, the internet allows anyone to make their music or books available, but there's no guarantee at all that interested readers/listeners will be able to access them (ie, find them). It therefore seems reasonable to assume that "after the revolution", the RIAA and many publishing houses will find themselves morphing into advertising and promotion houses that do what they currently do best -- PR. I expect they will be forced to do so through competition with smaller firms offering these services, at better rates and with contracts that needn't be signed in blood.

      But none of this is going to happen overnight, and I anticipate that probably for a generation or so we're going to see a lot of fighting and foot dragging. In the end though, consumers will be left with a far more efficient (in terms of economic allocative efficiency) system that provides them with much the same goods they consume today, only cheaper (much cheaper). It may be that musicians in particu

    2. Re:IP laws are no longer necessary for the public by plasmacutter · · Score: 1
      There's a lot of stuff that is debated in Economics, but the laws of supply and demand aren't in that category. When price for a good decreases, the quantity of goods demanded by consumers, all things being equal, will increase. Conversely, as the price of a good decreases, the willingness of a producer to supply that good decreases. It is these two laws, acting in concert, that act to bring the prices and quantity produced into equilibrium. It is true of all goods.

      sir, economics is a science of studying the use of SCARCE resources.

      With the advent of the internet and computers, Copyrighted material has a virtually zero marginal cost of production, and thus is NOT scarce. Therefore, traditional laws of supply and demand do not apply.

      The argument to which you are replying is much more logical in this regard.

      --
      VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
    3. Re:IP laws are no longer necessary for the public by 808140 · · Score: 1

      Quite right, if you take "production" to mean "copying". Unfortunately, this isn't production, it is simply distribution. The actual production of content still requires labour, which is (and will remain) a scarce resource.

      I know my post was quite long, and started out with a criticism of the original poster's logic, but in actuality, I agree with the original poster in most respects, I simply don't agree with the logic he used to arrive at the points he arrived at. I think if you read the rest of my post (I'm assuming you didn't, if you did, my appologies) you'll realize that I'm not trying to shoot him down.

      I think what we're in now is a sort of transitional period. Consider that as recently as ten years ago, most music (for example) was not available for free, on-line. Consumers had to pay for copies, whereas now, they don't. The result is that their demand for content has increased greatly -- much of the stuff I download, for example, is not stuff that I would have considered buying (at least not at the price the RIAA was charging). I think I am typical in this regard: when a good costs more, we are more wary about our consumption of it. This is the law of demand in action.

      The question that one has to ask, I think, is whether or not firms like the RIAA now have any incentive to distribute copies for money, especially as a core business model. Enough people are still buying music that they haven't really been harmed financially, despite their complaints -- many people claim to buy more music because they like to own CDs and now can listen to music before they buy. But I don't think CDs are here to stay. I think they are slowly being replaced by a completely digital distribution system.

      This removes the need for an RIAA-style distribution system, certainly. But it does not remove the need for content creation. I believe content creation will persist, and I expect it will do so much more efficiently than it does now (I outlined this in my previous post). But to say that content is not "scarce" isn't much of an argument, frankly, because it requires scarce resources to create. Zero cost distribution is only beneficial once the content has been created, after all -- so the creation of content remains a process governed in some respects by the laws of supply and demand.

      Of course, one could argue convincingly that musicians and artists will create content regardless of economic incentives, because they are motivated by something non-monetary to create -- and those that are only motivated by money don't usually produce much of worth anyway, so their loss is hardly a big deal. But on the flip side of the coin, it should be clear to anyone that an artist able to make his living doing what he loves is going to be far more prolific than one who must have another, "real" career.

      I outlined a number of ways I think artists will do just that, without the RIAA, in my original post.

      Regards...

    4. Re:IP laws are no longer necessary for the public by argoff · · Score: 1

      Quite right, if you take "production" to mean "copying". Unfortunately, this isn't production, it is simply distribution. The actual production of content still requires labour, which is (and will remain) a scarce resource.

      I think that's the whole point of the information age though. The true model for success in the information age centers arround value added serivces, support, customisation, branding like google, live concerts, etc... - and not arround controlling distrubution. The latter gets in the way of the former, even though it is the former where there is more money to be made overall.

    5. Re:IP laws are no longer necessary for the public by 808140 · · Score: 1

      We are in complete agreement.

    6. Re:IP laws are no longer necessary for the public by zaroastra · · Score: 1

      Pure BS. I can guarantee that at this point in our society the abolition of IP law would do anything BUT destroy the economy of a nation or the world.
      That is what we must make heard, and I totally agree with you on the flawedness of current system and the need for EXTENSIVE reform.

      --
      I'm trying to get modded "Interesting Flamebait Informative and Insightful Redundant Troll" *-* Please Help *-*
  23. More oil on the fire by wes33 · · Score: 2, Interesting

    An interesting article that argues for radical reform of copyright (do not let the words "intellectual property" spring from your mouth) can be found (in an unusual place I think) here. Maybe the tide is slackening and will begin to turn soon.

  24. The Economist Brings Up A Good Point by TubeSteak · · Score: 4, Insightful
    The charter lays out a "public-interest test" for policymakers to use before changing intellectual property laws: an automatic presumption against expanding rights, placing the burden of proof on those who seek this, as well as requiring rigorous analysis to justify changes, along with broad public consultation.

    This is a good approach, and yet the Adelphi principles leave important questions hanging in the air. The charter declares that software, business processes, and medical therapies should not be patented, nor copyright extended to things like databases that are simply compilations of open facts. But the Adelphites have not submitted these ideas to the same kind of rigorous economic analysis that they demand from their foes.

    While I congratulate the Adelphites for keeping their manifesto below 500 words, The Economist brings up a really good point.

    Where's their proof that the ideas they're putting forward are right.

    Yes, I know, this is /. & we have a million examples of patents stifling innovation... but no legitimate analysis. Until there is a enough money behind the idea that copyright/patents are overbearing, no one is going to seriously try to prove it.

    --
    [Fuck Beta]
    o0t!
    1. Re:The Economist Brings Up A Good Point by Anonymous Coward · · Score: 0

      Where's their proof that the ideas they're putting forward are right.

      Where's the evidence to prove they're wrong?

      Most current IP policy is based on feel good bullshit and PTO bureaucrat empire building.

      The onus in a democratic government is to prove with realistic, scientific and independent evidence that they should be interfering in the citizen's business.

      The fact that this has not been done for such a huge industry says a lot about the vested interests (i.e. lawyers and patent mafia).

    2. Re:The Economist Brings Up A Good Point by bersl2 · · Score: 1

      Realistically, AC, the first burden of proof is on our side, as we are the ones seeking change from the present, regardless of how we arrived presently.

      I think such proof already exists in part, but the volume of it needs to be expanded greatly, and it probably needs to be compiled into one source.

    3. Re:The Economist Brings Up A Good Point by Anonymous Coward · · Score: 0

      Perhaps you are overlooking the fact that patent proctection for these three specific categories is relatively new and despite there being no patent protection for them previously, we have all of the software, business processess and medical therapies that we have today.

    4. Re:The Economist Brings Up A Good Point by Anonymous Coward · · Score: 0
      "But the Adelphites have not submitted these ideas to the same kind of rigorous economic analysis that they demand from their foes."

      "While I congratulate the Adelphites for keeping their manifesto below 500 words, The Economist brings up a really good point. Where's their proof that the ideas they're putting forward are right."

      Actually the Economist mysteriously seems to get the point but then makes a very bad one itself by repeating the tired old argumentum ad ignorantiam fallacy of shifting the burden of proof (so often heard from the patent scope expansionists). In fact that part of the article could even be read as an absurd demand for rigorous economic analysis to show that rigorous economic analysis is required.

      The bulk of what economic evidence there is and what research and modelling has been done certainly doesn't support the monopoly increasing legislative changes that have been made in the past or those that are now proposed. The way policy and legislation in these areas is currently formulated has been (and still is) a scandal. That is the general point the Adelphites are making and they do not need to support it with evidence that particular rights inflation moves such as new or extended broadcaster rights will be economically detrimental or that past ones, such as patent scope expansion, have already been. The burden of proof falls on those who applaud the earlier such changes or are now proposing more of them to show that the results were, are and will be beneficial.

      Wolfbone.

    5. Re:The Economist Brings Up A Good Point by Anonymous Coward · · Score: 0

      Looking at the patent statistics in the United States I think greatly shows how borked the system is. There is some analysis out there, and actually I think a fair amount of lawyers (usually ones teaching or doing research) don't like most patents, and also think the systems borked.

    6. Re:The Economist Brings Up A Good Point by Michael+Woodhams · · Score: 1

      Yes, that was my feeling. Good first page - now where are the following 20+ pages which justify the first page? I was expecting a solid work of scholarship, but received calorie-free advocacy.

      --
      Quattuor res in hoc mundo sanctae sunt: libri, liberi, libertas et liberalitas.
    7. Re:The Economist Brings Up A Good Point by argoff · · Score: 1


      The way I see it is that they are the ones that want to coerce and impose these massive restrictions and impositions on what we can copy and immitate. The burden of proof is on them. Systems exist to serve people, not the status quo. The burden of proof really is on them at all times.

      Prove that you should have freedom of speech? You'd be a fool to try because that would presuppose that I have the right to take it away under certain curcunstances to begin with.

    8. Re:The Economist Brings Up A Good Point by robindmorris · · Score: 1
      Has anyone submitted "thou shalt not murder" to a rigorous economic analysis? Why not? Maybe we could show that in some circumstances murder has a net positive economic benefit. Should it then be allowed?

      A while ago in an article in the Economist they picked out the phrase

      just because it's a market-based solution doesn't mean it's a socially desirable one.
      Economics is not the be-all and end-all of everything.

      (Also, the subject line is slightly misleading. The Royal Society is the UK's equivalent of a National Academy of Sciences.)

    9. Re:The Economist Brings Up A Good Point by Pecisk · · Score: 1

      My common sense says that. Most people in the world comon senses says that.

      It is not enough?

      Come on, we know that killing man is not right, with or without laws or proofs. Proofs are needed only for them who are killing men. Strange fallancy, isn't it?

      But if we are pratical, ANY unnatural monopoly, however how small, is BAD for ecenomy. Sometimes it is acceptable, but sometimes...

      Just say just because some coorporations or people want _more_ money (isn't is that they don't have enough), it is not suitable to say that overuse of copyright/patents is right.

      p.s. use see, I didn't say that they are evil. People drives them to absurdum, that's evil - like religious fanatics and warmongering.

      --
      user@ubuntubox:~$ stfu This server is going down for shutdown NOW!
    10. Re:The Economist Brings Up A Good Point by Bloke+down+the+pub · · Score: 1
      Realistically, AC, the first burden of proof is on our side, as we are the ones seeking change from the present, regardless of how we arrived presently.
      Pity that 10 years ago nobody said 10: "Realistically, bersl2, the burden of proof is on the RIAA's (etc) side, since they are the ones seeking to change from the present".
      --
      It's true I tell you, feller at work's next door neighbour read it in the paper.
    11. Re:The Economist Brings Up A Good Point by bersl2 · · Score: 1

      Actually, I personally would say that this attitude of idea-as-property goes all the way back to the Berne Convention which, while introducing some good ideas, put us in the public-domain-killing mess we're in now. Of course, they offered no proof that any of the strong controls imposed would be beneficial (to anyone but the publisher, of course). Of course, I offer no proof that was the case either---but at least my words are opinion, and not at all binding.

    12. Re:The Economist Brings Up A Good Point by Bloke+down+the+pub · · Score: 1

      Be as pedantic as you like, the question should have been asked when they were trying to introduce the legislation that some are proposing to remove. Or is the status quo of 'now' more deserving of preservation than it was 'then', for some reason? Astrologically? Or does it just suit your interests more?

      --
      It's true I tell you, feller at work's next door neighbour read it in the paper.
  25. no analysis is needed by idlake · · Score: 3, Insightful

    Yes, I know, this is /. & we have a million examples of patents stifling innovation... but no legitimate analysis.

    No such analysis is needed--that's the whole point of the Adelphi principles--the burden of proof isn't symmetric.

    Patent proponents want society to give them something truly extraordinary: a 20 year monopoly on the exploitation of an idea. That demand requires justification by people who want that kind of monopoly. No counterargument is needed--if proponents can't provide a clear justification, patents should not exist.

    1. Re:no analysis is needed by Anonymous Coward · · Score: 0
      I'm just going to refer you to this post because your statement reflects a basic misunderstanding of how a debate is held.

      each side has to present an argument (with supporting facts) and ideally, they should also be able to rebut criticisms of thier viewpoint before their opponent has a chance to make them.

      Proponents of the status quo can simply point to society and say "look! it works!"

      Lemme flip your statement around: if opponents can't provide a clear justification, patents should exist.

    2. Re:no analysis is needed by idlake · · Score: 1

      each side has to present an argument (with supporting facts) and ideally, they should also be able to rebut criticisms of thier viewpoint before their opponent has a chance to make them.

      Of course, opponents of patents have to argue and present evidence. But there are many kinds of arguments they can present. And the argument is simple: we should only have a patent system if it demonstrably benefits us; since there is no evidence that the patent system benefits us, it should be abolished.

      I'm just going to refer you to this post because your statement reflects a basic misunderstanding of how a debate is held.

      The misunderstanding is yours. You assume that one side gets to frame the debate and then the other has to fall within that frame. Debates and arguments don't work that way. Just because the prosecutor may try to argue that I'm guilty doesn't mean that I have to argue that I'm innocent; I just have to argue that he hasn't supported his case. Just because Apple wants to argue that I must buy an iPod to achieve happiness doesn't mean that I need to make a counterargument that I don't need an iPod, I can just tell them that they haven't convinced me.

      Lemme flip your statement around: if opponents can't provide a clear justification, patents should exist.

      They have provided a clear justification that patents should not exist. It just turns out that that argument doesn't even require proving that patents do harm, it's sufficient to show that nobody has proven that patents do any good.

    3. Re:no analysis is needed by TubeSteak · · Score: 1
      Do you realize how stupid your conclusion is?
      It just turns out that that argument doesn't even require proving that patents do harm, it's sufficient to show that nobody has proven that patents do any good.
      Its not just stupid, its intellectually lazy.
      Lets assume that you win: It is shown that nobody has proven that patents do any good.
      Now what?

      The next day, a study will be released by Apples Corporation showing that patents do good.
      Happy?

      Lets go even further and stipulate that it has been shown that patents do no good.
      So what?
      Do they hurt anyone?
      IBN & Macrosoft says they don't. So why change it if nobody's getting hurt?

      You bring nothing to the debate by suggesting it is sufficient to say the other side is wrong. This is not a court of law, in our political reality, the 'prosecutor' can tell you to go suck a duck because the laws are already written his way, not yours.

      --
      [Fuck Beta]
      o0t!
  26. Bravo! by KwKSilver · · Score: 3, Funny

    Brilliant. You have hit the nail squarely on the head. It would require TRM devices (Trusted Receipe Monitors, i.e. odor detectors) in every room of every house to ensure patent holders are properly compensated--even for microwave dinners. One can almost see it now, when the FLIAA (Food Liscensing Investigating Association Agency) lawyer-goon says, "Sorry, Senator Lardbottom, your daughter copied a chili dog without a liscence. That'll cost you $30,000.00."

    --
    If you want your life to be different, live it differently.
    1. Re:Bravo! by wwwrench · · Score: 1

      Yes, it's brilliant. Please please, can someone set up a parody site? It would be great to start a fake lobbying campaign to the Senate complete with letters. Also could set up a "Stop recipe patents" campaign in response. Its so Swiftian!

      --

      Deconstruct the State
  27. Libertarianism != Pro-corporate Domination. by plasmacutter · · Score: 1

    As a libertarian I take offense at the idea that I am pro corporate. The libertarian creed can be summed up in one sentence: I want to live my own life and make my own choices, and I don't want the government or corporations to have the capacity to forcibly deny me those choices. A true libertarian would be against centralized corporate power because that would be a NET LOSS of individual choice. A true libertarian would be FOR laws which preserve as close to perfect competition as possible, because that produces the highest net gain in individual choice. A true libertarian would be AGAINST the DMCA because that is the government's direct infringement on both perfect competition and personal choice. Don't start bashing libertarians for the "it's already a free market" argument. That's a REPUBLICAN rhetorical concept.

    --
    VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
  28. just a question... by chicago_bulls · · Score: 1

    instead of having the same argument that is repeated at least three times a week, how about people post suggestions of what the ip laws should be.

    to me having ip laws with software doesn't make much sense.
    isn't it kind of like trying to patent a math formula?

    with music and movies, the companies should have protection for at most 5 years, after that, it's fair game.

  29. Understanding false property rights by argoff · · Score: 3, Interesting

    Anyone who wants to understand false "property rights" only has to open up a history book and read about the 1850's. Just as the slave plantation system had to die for society to enter the industrial revolution, the copyright content controll systems need to die in order for society to enter the information age. And as other technologies make it easier to repliacte discoveries, patents will eventually need to die too.

    Yes, slavery. They called it a property right, they screamed there was no incentive without it, they said it was responsible for great wealth and prosperity of American business and commerce. And it was all bunk, even though it was geniuses that were saying it.

    Well the same is true with copyrights and patents. Anyone with an IQ over 20 can easially see that they are not anything like any other kind of incentive or free market property right. And most people with an IQ over 80 can see that inspite of the theory, that is is far more the exception that copyrights or patents help the small time creator than it is the rule.

    In fact copyrights and patents are not only bunk, they are often pure evil. Like how copyrights have ripped apart american culture and replaced it with hollywood and ruined the persuit of knowledge in student text book industry, or like how thousands of patnets are sat on and not used for anything but to lock out competitors. Or how disputes and lawsuits in the world court involving AIDS patents arguably caused over a million people to be dead from AIDS in Africa who wouldn't have been otherwise. And now, for copyrights, they pratically want to shut down the internet and microregulate every technology chip maker in the US. Well I say F**k em, on the internet copyrights are dead and they don't even deserve the token support they are getting.

    1. Re:Understanding false property rights by belmolis · · Score: 1

      Good point, but who were the "geniuses" defending slavery on economic grounds? I'm not aware of that.

    2. Re:Understanding false property rights by Jim_Callahan · · Score: 2, Insightful

      Except that the united states started going through its industrial revolution in the late 1700s, and didn't abolish slavery until the late 1850s. Plus the whole bit where the rise of the factories just replaced legal slavery with debt slavery...

      Maybe our point is valid, I wouldn't know, but the argument that got you there is complete, as you say, "bunk". Also, your last paragraph intrigues me, and I would like to subscribe to your planet's newsletter. The perspective of a people that apparently haven't even had radio contact with the earth for the last half century sounds interesting.

      --
      ...it's really a sad day for America when we require a goddamn ACT OF CONGRESS to make our DVD players work properly. ~
    3. Re:Understanding false property rights by argoff · · Score: 1

      Except that the united states started going through its industrial revolution in the late 1700s, and didn't abolish slavery until the late 1850s. Plus the whole bit where the rise of the factories just replaced legal slavery with debt slavery...

      The pressure started in the 1700's, but it really came to a head in the 1850's after a speculative stock market crash involving beting on the future of industrial technology (sound familiar). And legal slavery is nothing like "debt slavery", as you call it - but funny you should mention that because currency is a type of information that stores value and relative transaction costs - and it's debt based manipulation by governments also can not survive the information age. That is very very very bad news for the debt overloaded US and the dollar as a future currency. Don't be supprised if the economy goes to hell shortly.

  30. And the end result will be obvious... by geminidomino · · Score: 1

    They'll ignore the Royal Society the same as they ignored everyone else, both educated and slashdotter, who dared speak out against their whoring to content distributors.

    1. Re:And the end result will be obvious... by sane? · · Score: 1

      Maybe, but these people (at least the UK parts) are about as close to establishment as you are going to get. They are the type of people that can talk to people. Don't underestimate the influence they can have, quietly, to bring about change. Best thing you can do is support them and push this charter where you can.

    2. Re:And the end result will be obvious... by geminidomino · · Score: 1

      Meh, as a Yankee, I doubt anyone in the UK gives an airborne copulation at a ventrally rotating pastry what I push. And we all know how much mind the US pays to what another nation's government thinks is right or wrong.

    3. Re:And the end result will be obvious... by chawly · · Score: 1

      Sorry but the obvious is obvious now. Present tense. You can have "And the end result will be the obvious one ...." then explain what is obvious now. You can have "And the end result is obvious...."and give the same explanation. But, if you have "And the end result will be obvious ...." this leads us to expect the sentence to conclude with something like "next Wednsday week". If "the end result wil be obvious next Wednsday week" it seems a long time to live in suspense. It would be kinder (I think) to wait for the obvious to become visible before posting. Then, with your slider "both educated and slashdotter", you confirm what I've always suspected. We, here on Slashdot, ain't go no fscking education. Or, alternatively, we should all have our education fscked. Which, sir, would you recommend ?

      --
      How many beans make five, anyhow ? ... Charles Walmsley
  31. rather large error in my original post by 808140 · · Score: 1

    I unfortunately reversed Say's Law in my original post. Say's Law states that supply creates demand, not that demand creates supply. The entry on wikipedia for Say's Law describes the idea and its ramifications for the curious. I botched it entirely with the reversal.

    However, despite being embarassingly wrong on a public forum, I think that the underlying logic remains relatively intact. Consider: the existance of strong consumer demand for a product at a particular price in no way guarantees that suppliers will be able to meet that demand. Indeed, the law of demand states that lowering price will nearly always increase demand.

    For example, I can guarantee that if spaceflight were completely safe and only cost say, 3 dollars per trip, there would be huge consumer demand. But this does not guarantee that suppliers will jump in and fill the need, because obviously, there's no way they can do this and make a profit, and turning a profit is what suppliers are about.

    So the crux of my point, really, was that the existance of large demand does not guarantee supply. If technology is creating a price ceiling for distribution -- which seems likely, if digital distribution continues to drive the cost of distribution to zero and thus the profit to be made from distribution to zero -- then the companies currently depending on that business model will go out of business. Not a loss, really, as far as I'm concerned. Buggy whips and all that.

    Again, appologies for my error. My memory is failing me.

  32. Boyle's Law by Anonymous Coward · · Score: 0

    Boyle's a Law Professor. Had to be.

  33. UK developments WRT software patents are amazing! by FlorianMueller · · Score: 4, Informative
    About a year ago, someone talked to me about some ideas he had for campaigning against software patents in the UK. He saw my NoSoftwarePatents.com campaign and wanted to do something like that specifically for the UK, not primarily on the Web but in political/lobbying terms. At the time, I was so pessimistic that I honestly told him I viewed the UK as a strategically lost position for us: They had those key pro-swpat MEPs (Harbour on the right wing, McCarthy on the left wing), a radically pro-swpat government, a national patent office that used tax money to promote the idea of software patents, and case law that upheld some really bad software patents (almost as bad as that of the in-house courts of the European Patent Office).

    In the meantime, there has been remarkable progress on most of those fronts. The two individuals who deserve most of the credit on the campaigning and lobbying side are Rufus Pollock and Gavin Hill of the FFII UK. Gavin is the "someone" who contacted me last year. In fact, that contact resulted from a slashdot discussion. And in parallel to the political stuff, we've now seen some really good rulings by Judge Prescott of the High Court of England and Wales who has already invalidated a few software patents.

    Someone said in this thread that people should make suggestions for how to make political decision-makers more aware. Here's a suggestion:
    Vote Against Software Patents / Vote For Your Right To Program

    We're doing this online campaign and we've already had a very good start. This is about the most important political award series in the EU, and if our camp once again demonstrates its Internet campaigning power (we're trying hard!), then this will make politicians, press and the public more aware of the software patent issue.

  34. An open funding systems by Falcon040 · · Score: 2, Insightful

    This is indeed one very good solution - to allow contribution to come only from individuals, and for those over a certain cost to be publicly disclosed. This is called the 'Open-funding system'. In contrast, the 'Closed-funding system' is one where any body or entity may make any donation to the government for their own desires and no information beyond the two parties may ever know. So in an open-funding system, for a company to make a lobbying contribution they would need to do it via an individual, and this would be more transparent and accountable, and it would be visible to shareholders and the public through publicly accessible accounts. The only problem is the transition to a more open system would be lobbied against by the large corporations out there.

  35. Software patent studies by Christian+Engstrom · · Score: 1
    Yes, I know, this is /. & we have a million examples of patents stifling innovation... but no legitimate analysis.
    When it comes to software patents, there are actually quite a lot of studies that conclude that software patents are bad for innovation, and for society in general.

    You can start by having a look at these ones, for example:

    • Deutsche Bank Research:

      "Stronger IP protection is not always better. Chances are that patents on software, common practice in the US and on the brink of being legalised in Europe, in fact stifle innovation. Europe could still alter course"

    • PriceWaterhouseCoopers:

      "The mild regime of IP protection in the past has led to a very innovative and competitive software industry with low entry barriers. A software patent, which serves to protect inventions of a non-technical nature, could kill the high innovation rate."

    • Federal Trade Commission:

      "More patents in more industries and with greater breadth are not always the best ways to maximize consumer welfare."

      "Many panelists and participants expressed the view that software and Internet patents are impeding innovation. They stated that such patents are impairing follow-on incentives, increasing entry barriers, creating uncertainty that harms incentives to invest in innovation, and producing patent thickets. Panelists discussed how defensive patenting increases the complexity of patent thickets and forces companies to divert resources from R&D into obtaining patents. Commentators noted that patent thickets make it more difficult to commercialize new products and raise uncertainty and investment risks. Some panelists also noted that hold-up has become a problem that can result in higher prices being passed along to consumers."

    The FFII has a list of further studies that you can have a look at here.

    Now, perhaps I can turn the questions around. Can anybody provide a link to a single reputable study that concludes that software patents are necessary or good for society?

    If so, please do.

    But to the best of my knowledge there isn't any such study, so please don't feel embarassed if you can't. :-)

    --
    Christian Engström, Former Member of the European Parliament 2009-2014 for The Pirate Party, Sweden
  36. In addition to my previous statement by Anonymous Coward · · Score: 0

    In most other countries, the PEOPLE own their letterboxes, as part of their houses - they get to say what can go in and what can't - even the postal services have to obey people's individual rules (such as no junk, for example).
    In the US, the USPS owns the letterboxes, and you have to obey their rules if you want to use their system.

    To me, that's like having the state own the computer I'm typing this on - a dangerously stalinist ideal.

    The USPS is set up in such a way as to inhibit freedom of communication, not to facilitate it.

  37. Yes, a nice little protest by zaroastra · · Score: 1

    You're probably right, it is illegal in the US.
    For that matter, i think its illegal about everywhere.
    Nonetheless, when "prestige" http://www.guardian.co.uk/gall/0,8542,842603,00.ht ml
    hit galicia, a common catch phrase "nunca mais" (never again) was all over the place in protests and stickers.
    Some activists made rubber stamps with it, and would allow people to stamp their bills with them.
    It was 100% illegal, but i stamped all the bills i had in my wallet (at my own risk), as well as other people, I saw euro bills with that message as far as portugal and france. (I dont travel a lot :))
    It a nice little VERY EFFECTIVE protest

    --
    I'm trying to get modded "Interesting Flamebait Informative and Insightful Redundant Troll" *-* Please Help *-*
  38. Thomas Jefferson, Lord Macaulay, etc by moscow · · Score: 1

    You ask who says there needs to be a balance at all? Shall we start with Thomas Jefferson and Lord Macaulay. It is perfectly reasonable that those who create new stuff should have some opportunity to profit from what they create; whether they choose to is up to them. If what you create is your only form of income, you'll want to make a living out of it. That's not the same as requiring that you can protect that right after your own death - and that trust funds or publishers can continue to make money out of you for decades afterwards. Unless you have the opportunity to profit from your creativity, the only creativity in the world will be provided by the idle rich and the garret-dwelling, starving artist.

    --
    Who would believe in penguins,unless he had seen them? Conor O Brien - Across Three Oceans
  39. Ok, I know this is of topic... by Anonymous Coward · · Score: 0

    but fitting an anti roll bar (sway bar) to the rear suspension of a rear engined car is the stupidest thing you could possibly do if you wanted to improve the roadholding. The problem was the swing axle suspension. If you brake hard then the rear wheels drop down and go to very positive camber. If you were breaking hard for a corner then you'd likely steer in before the back came down. If that happens the rear stays up. And you then corner with the rear up in the air, extreme positive camber on the outside rear wheel (trying to keep the car on the road) and quite possibly a warm soggy feeling between you and the seat.

    Fitting that rear anti roll bar wouldn't have cured this. It would simply have insured that not breaking hard and going into a corner a bit fast would make the car violently oversteer. And result in warm soggy feeling time again. There's really only two ways of dealing with this. Prevent positive camber by preventing to much downward suspension travel and setting a high stationary negative camber, but that would be less comfortable, or redesign the rear suspension to something like (semi) trailing arms.

    I don't believe the 50 cents option was suggested by people who wanted to cure the problem. I don't know a lot about Ralph Nader but he struck me as someone with a deep and intrinsic fear of technology.

  40. harder then you think by enjahova · · Score: 1

    I found out recently that it is not as easy as I thought to change somebodies mind about the *AA. I was chatting with a good friend and we got to talking about the internet (he is not a savvy user of it) and intelectual property. It took a long time to convince him that the industry doesn't exist because of "the way things are" but things are the way they are because of the industries. When I tried to speak of a middle ground between filesharing and super controlling copyright, I met with "but artists have to get paid". I am filled with optimism by the Internet, I think its going to change everything positively when it comes to content creation and distribution, but I find people who havn't been using it for years are quite the opposite. They believe firmly that the industries are looking after the content creators best interest. What we need is a way to educate people, I think this article is a great step in the right direction. People just need to know that selling your soul to get a "deal" is not the only way.

    --
    "how can they call it a MINE if everything here is THEIRS?!?!" -Straight Jacket
  41. That's not *THE* Royal Society by Anonymous Coward · · Score: 0

    Britain - and other nations - have lots of Royal Societies for all sorts of things. Convention has it that the only one called `The Royal Society' is this one:

    http://www.royalsoc.ac.uk/

    Lots of Royal Societies? Yep - look here:

    http://www.google.co.uk/search?q=royal+society&sou rceid=mozilla-search&start=0&start=0&ie=utf-8&oe=u tf-8&client=firefox-a&rls=org.mozilla:en-US:offici al

    You can't get away from Royal stuff in the British Isles - I mean, even the definitely very anti-British-rule and entirely republican Republic (i.e., we have no royalty here, matey[1]) of Ireland has this:

    http://www.rsgyc.ie/ - founded in 1838, so that `Royal' was a definite reference to the British monarch - Queen Victoria at that time (reigned 1837-1901).

    [1] Aside from the point that all of Irish descent are the descendents of kings. Nothing's straightforward.

    1. Re:That's not *THE* Royal Society by Bloke+down+the+pub · · Score: 1

      Exactly. It's A Royal Society.

      --
      It's true I tell you, feller at work's next door neighbour read it in the paper.
  42. Economic analysis of "Thou shalt not Murder" by Lifewish · · Score: 1

    Allowing murder in society makes it much harder for stable organisations to form, as you never know when key members will get topped. This means that specialisation, the key to economic success, is harder to achieve and sustain. This damages the economy.

    And the fact that it's so short, sweet and self-explanatory is why we see the same taboo against killing people without due warning cropping up worldwide.

    --
    For the love of God, please learn to spell "ridiculous"!!!
  43. Hey Hipocrite! by Anonymous Coward · · Score: 0

    Maybe you should read your own post?

  44. Re:Slightly off topic: Mission Impropable?? by Anonymous Coward · · Score: 0

    I made it! I wont go into details (Because they could be reading this, you know) but yes: I made it through the day with honors and they believe I am a genuine Microcrap Certified Turd. Note to self: I am not even using 2% of my full potential.

  45. Another idea by Eli+Gottlieb · · Score: 2, Interesting

    This idea came to me: We should stick a copy of the Adelphi Charter, along with essays and papers supporting those positions, in archives with music, software, movies, and other media, name the archives for the media (of course), and put the archives on peer to peer networks and torrent trackers where they'll be downloaded. As people download and redistribute our media (everyone loves stolen music), they'll find political notices bundled with it.

  46. here you go another Idea by zaroastra · · Score: 1

    As this one got lost down the thread, here it is again:
    Make nice rubber stamps with whatever motto suits your fancy , "No software patents" comes to mind, although I'm more radical than that and would use : "I.P. property IS I.P theft!" (theft from the public to the hands of a few corporations by lawyers and with some goverments help)

    Stamp until you run out of ink. I would choose as medium currency. Euros, Dolars, Yens, etc.
    I saw this used when the prestige oil tanker provoked an ecological disaster in galicia and it was very effective.
    (as written somewhere else on this thread)
    Probably 100% illegal, but it would prove you mean it.
    When you cant avoid seeing the message, mass media would pick it, politicals wouldnt stand a chance but get the point.

    PS: this is a bit extremist, I saw other ideas down the thead with more good sense, but i also think it takes all kind of people going in a direction to make a change.

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    I'm trying to get modded "Interesting Flamebait Informative and Insightful Redundant Troll" *-* Please Help *-*
  47. Re:UK developments WRT software patents are amazin by chawly · · Score: 1

    I, for one, welcome our new voting anti-software patent overlords. And I already voted. Suggest you guys think of doing the same. Remember, you can only be really against software patents if you vote. As a great man once said "Them as is not for us, is against us" He lacked grammar, but his heart was true. Time to vote, folks. Put up or shut up.

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    How many beans make five, anyhow ? ... Charles Walmsley
  48. You're wasting your time by Anonymous Coward · · Score: 0

    You're arguing with a troll that'll twist the meaning of your words just so he can keep arguing with you, convinced that he's completely right.

  49. Gilberto Gil by JulesLt · · Score: 1

    In a recent Guardian interview Gil protested that he's wanted to make his music freely available but his labels stopped him - 'what does it come to when an author doesn't even own his own songs'. Obviously a thought that didn't pass through his head when he sold them back in the 70s! I wonder if he thought people were giving him money because they liked him?

    --
    'Capitalists of the world, unite! Oh ... you have' (League Against Tedium)