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Copyright and Patent Laws Hurt the Economy

Norsefire writes "Two economists at Washington University in St. Louis are claiming that copyright and patent laws are 'killing innovation' and 'hurting [the] economy.' Michele Boldrin and David K. Levine state they would like to see copyright law abolished completely as there are other protections available to the creators of 'intellectual property' (a term they describe as 'propaganda,' and of recent origin). They are calling on Congress to grant patents only where an invention has social value, where the patent would not stifle innovation, and where the absence of a patent would damage cost-effectiveness."

597 comments

  1. Their site/blog by XanC · · Score: 5, Informative
    1. Re:Their site/blog by Timothy+Brownawell · · Score: 4, Informative

      Correct me if I am wrong (as I am sure many will), but aren't patents granted by independent law firms? I didn't think Congress had any direct involvement in decisions about which patents get granted and which don't.

      Patents are granted by the Patent and Trademark Office, which is part of the federal government. Congress is not directly involved, but it is responsible for the laws which direct the PTO on what should and should not be patentable.

    2. Re:Their site/blog by Arthur+Grumbine · · Score: 1

      Ahhh...yes, I thought there might be some insight there:
      David Levine: And along with the drastic CPTO reform I ask for in my book (on shelves today!), I'd like a pony.

      I kid, I kid. It is noble, albeit in a kind-of-"legalize all drugs NOW"-despite-not-being-able-to-predict/prepare-for-the-consequences way.

      --
      Now that I think about it, I'm pretty sure everything I just said is completely wrong.
    3. Re:Their site/blog by h4rm0ny · · Score: 1


      I think you got the not being able to predict part right. Let me say how Academia works outside of the hard sciences: You get everyone saying one thing for a while and then you say something contradictory in order to be seen as radical and on the cutting edge, and then you get grant money and papers. The new paradigm takes hold, people use lots of buzzwords and then after while the sequence repeats. Often in contradiction to the previous cycle which is politely and complicitly ignored.

      Inside the hard sciences it's less so because they demand results, but Economics is so far from a hard science that it's not honestly science at all. It's riddled with supposition and selective data. The aim of academic economists is two-fold. Firstly, to generate publicity for themselves in their community (and out of it for the ambitious), and secondly to provide justifying arguments for the actions of people in power.

      H.

      --

      Aide-toi, le Ciel t'aidera - Jeanne D'Arc.
    4. Re:Their site/blog by cliffski · · Score: 2, Interesting

      I can't wait to see the slashdot coverage of the 99.999% of economists who don't share these lunatic views.
      Oh wait... this site is all about bashing copyright. I almost forgot and mistook it for actual news.

      --
      DRM-free indie games for the PC and Mac: Positech Games
  2. Absurd! by fuzzyfuzzyfungus · · Score: 5, Funny

    This vile proposal threatens to sacrifice shareholder value on the altar of the progress of the useful arts! The founding fathers would never stand for it.

    1. Re:Absurd! by Tubal-Cain · · Score: 2, Insightful

      This vile proposal threatens to sacrifice shareholder value on the altar of the progress of science and the useful arts! The founding fathers would never stand for it.

      There, fixed your partial quote of the Copyright Clause.

    2. Re:Absurd! by Binty · · Score: 4, Interesting

      While there might be a good reason to call Article I, section 8, clause 8 of the Constitution the "Copyright Clause" when talking about copyrights specifically, this clause of the constitution also authorizes patent law and perhaps other kinds of intellectual property that Congress hasn't been innovative enough to think of yet. We could call it the "Intellectual Property Clause" or the "Copyright and Patent Clause," but for my money I like "Progress Clause."

    3. Re:Absurd! by Tubal-Cain · · Score: 1

      Meh, that's what Wikipedia calls it.

    4. Re:Absurd! by crosbie · · Score: 3, Informative

      Which it shouldn't.

      The US constitution did not specify that author's should be granted a reproduction monopoly, but that their exclusive right to their writings should be secured.

      See An Author's Exclusive Right for more detail.

    5. Re:Absurd! by cpt+kangarooski · · Score: 4, Insightful

      No, it says that Congress has the power to secure it, if Congress so wishes. There is no Constitutional obligation, though.

      As for your essay, while I'd agree with you on some issues, and disagree with you on many others, I don't really see the point.

      There are really only three options for an author who would see his works published. First, make a deal with a publisher. As there are a lot of authors (who tend to be bad at making deals) and rather fewer publishers (who tend to be quite good at making deals), the author is probably going to get a bad deal. Second, self-publish, but this is often inefficient, as authors are unlikely to get the best deals, or have working relationships with retailers, big-name reviewers, etc. The Internet is making this a little easier, but not a whole lot easier, unless your sights are set low (e.g. being the top dog of some sort of fanfic community). Third, for the law to treat authors paternalistically, not allowing them to make deals which outsiders viewed as bad (by letting the authors terminate transfers, or be unable to sell the entirety of their rights in a work). This is offensive, and it certainly isn't in keeping with the normal level of government involvement in business dealings. If the author were selling land to a developer, we'd certainly let him make a bad deal.

      This is what we have under a normal copyright system, and I don't see how your somewhat Lockean approach really would help authors any.

      --
      -- 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.
    6. Re:Absurd! by Thad+Zurich · · Score: 2, Informative

      Point being, the concept of IP (perhaps using other words) is hardly of "recent origin". However, we have the right to work through our elected representatives to pass the kind of "IP" legislation that will best "promote the general welfare and secure the blessings of liberty to ourselves and our posterity", not just the posterity of inventors and artists.

    7. Re:Absurd! by progManOs · · Score: 5, Informative
      I believe it is time to repeal this clause of the Constitution. Some of the advocates of the Constitution promoted such nonsense to make America a mercantilist union.
      Below is a fitting quote from a letter that Thomas Jefferson wrote to Isaac McPherson ( http://press-pubs.uchicago.edu/founders/documents/a1_8_8s12.html ) :

      If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of every one, and the receiver cannot dispossess himself of it. Its peculiar character, too, is that no one possesses the less, because every other possesses the whole of it. He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me.

    8. Re:Absurd! by Anonymous Coward · · Score: 2, Insightful

      However, we have the right to work through our elected representatives to pass the kind of "IP" legislation that will best "promote the general welfare and secure the blessings of liberty to ourselves and our posterity", not just the posterity of inventors and artists.

      Instead of being resentful of having to pay good money for works of art created by other people ("I don't see where Metallica gets off on telling us we have to pay to own recordings of their stuff"), why don't you go study, practice, and do research for 20-30 years, then you can have all the art, music, literature, software, films, investigative journalism, and academic research you want, done exactly the way you want it. And you'll be entirely free to distribute it however you see fit. Get a bunch of like minded folks together, and you can all freely share the benefits of each others' creations.

      Why aren't people here complaining about the artificiality of the notion of physical property? Why do millions of people in China (and south Los Angeles, etc.) have to slave away in factories just to keep themselves and families alive, while others hang out at Starbucks listening to iPods while pecking away at their MacBooks?

      Now some would say, wait a minute, I had to earn the money to buy my stuff. Well, so did the members of Metallica. What makes one system valid and the other artificial? I really don't see it.

    9. Re:Absurd! by PopeRatzo · · Score: 1

      I suppose the Constitution also said something about copyright lasting for 200 years, right? And patents live for a millennium?

      --
      You are welcome on my lawn.
    10. Re:Absurd! by PopeRatzo · · Score: 2, Interesting

      Point being, the concept of IP (perhaps using other words) is hardly of "recent origin".

      Maybe not, but the concept of intellectual "property" lasting forever is definitely a new thing.

      Until recently, it seemed reasonable to expect that an innovator could hold a patent or copyright for his life. Now he's got great-grandchildren sucking off his decomposing teat. What's that do for encouraging creativity, Thad?

      --
      You are welcome on my lawn.
    11. Re:Absurd! by decoy256 · · Score: 4, Insightful
      THANK YOU!

      This is the real issue...

      Article 1, Section 8 says:... "by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries"

      A copyright that lasts for 200 years (or even 20 years in our modern society may be too long... 10 years, I think is OK) is NOT conducive to progress.

    12. Re:Absurd! by decoy256 · · Score: 3, Insightful

      No, it says that Congress has the power to secure it, if Congress so wishes. There is no Constitutional obligation, though.

      There is no Constitutional *mandate* to grant copyrights and patents at all, but once Congress chooses to allow even one copyright or patent, they must do so on grounds that are fair and equitable for everyone.

      Congress cannot merely grant copyrights and patents to whomever they choose based on mere whim. That would violate so many Constitutional provisions... Off the top of my head, the 4th, 5th, and 14th amendments and the General Welfare clause. There may be more, but that would be sufficient for someone to force Congress to apply their copyright/patent rules fairly to everyone.

    13. Re:Absurd! by cpt+kangarooski · · Score: 2, Insightful

      Well, I dunno. I think that you'll find that everyday copyright legislation would be judged on a rational basis standard. Sure, if copyrights were whites-only or something, that would be overturned, and rightly so. But granting copyrights only for books and maps, and not for music, or visual arts, would likely stand, even though it treats different classes of works, and thus authors, differently.

      Off the top of my head, the 4th, 5th, and 14th amendments and the General Welfare clause

      Not granting copyrights is not at all the same as forcing authors to create and publish works; it's just a failure to encourage authors to do so, and to protect authors that have voluntarily done so. And bearing that in mind, I would love to hear why even outrageously discriminatory copyright grants would violate the Fourth Amendment.

      --
      -- 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.
    14. Re:Absurd! by decoy256 · · Score: 1
      Your original post said "if Congress so wishes", hinting that Congress could simply decide not to grant a patent/copyright on the color of your shoes of if they had oatmeal for breakfast or whatever. That is what I was referring to... I said "MERE WHIM".

      I would love to hear why even outrageously discriminatory copyright grants would violate the Fourth Amendment.

      I could see it being considered a seizure. Granted, it's a little bit of a stretch, but I can see making the argument.

    15. Re:Absurd! by Kirth · · Score: 2, Informative

      The founding fathers would never stand for it.

      Actually, Thomas Jefferson said THIS about copyright:

      "The saying there shall be no monopolies lessens the incitements to ingenuity, which is spurred on by the hope of a monopoly for a limited time, as of 14 years; but the benefit even of limited monopolies is too doubtful to be opposed to that of their general suppression."

      I dare say this Thomas Jefferson would beat the RIAA, MPAA and the congress which allowed those copyright-extensions to bloody pulp.

      --
      "The more prohibitions there are, The poorer the people will be" -- Lao Tse
    16. Re:Absurd! by Hordeking · · Score: 1

      other kinds of intellectual property that Congress hasn't been innovative enough to think of yet.

      Holy shite. This is one of the funniest things I've seen all day! Congress being innovative? Did you hurt your brain in trying to innovate that?

      Now, I know you were being funny, so I'll leave you with this: "Con-" is the opposite prefix of "Pro-", so that would technically make "Congress" the opposite of "Progress".

      There, don't you feel better now?

      --
      Disclaimer: The opinions and actions of the US Gov't are in no way representative of those held by this author or its ci
    17. Re:Absurd! by u38cg · · Score: 1

      Actually, no. During the 17th-19th centuries, copyright in England under certain conditions was perpetual. Milton's works, for example, were still under copyright in the 1820s (when a scandal went up over one of his descendants who was living in penury, as the copyright had long been assigned).

      --
      [FUCK BETA]
    18. Re:Absurd! by cpt+kangarooski · · Score: 1

      I could see it being considered a seizure. Granted, it's a little bit of a stretch, but I can see making the argument.

      It's an absurd stretch, I think. If Congress doesn't grant a particular author a copyright, this doesn't equate to seizing their work, which in context, means seizing their work as evidence for the purposes of a criminal investigation against the author.

      For starters, a seizure implies an affirmative act; failure to grant a copyright is not an affirmative act, or even any kind of act at all. It is as though you are saying that if I have the choice to either give you $5 as a gift, or not, and I haven't even made so much as a promise to you (if it mattered), and I decide not to give you the money, that this means I have robbed you. As I said, absurd.

      Oh, and you might also want to look into the differences between the Fifth and Fourteenth Amendment. Since we're talking about federal copyright law, it would only be the Fifth that would be relevant.

      --
      -- 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.
    19. Re:Absurd! by Jedi+Alec · · Score: 1

      Now some would say, wait a minute, I had to earn the money to buy my stuff. Well, so did the members of Metallica. What makes one system valid and the other artificial? I really don't see it.

      If I have a piece of physical property in my hand, and I then hand it over to you, I no longer have it.

      If I beam an mp3 from my mobile phone to yours, on the other hand...I still have my copy of the mp3.

      Bits and bytes can be copied. Cars can't.

      --

      People replying to my sig annoy me. That's why I change it all the time.
    20. Re:Absurd! by Anonymous Coward · · Score: 0

      My idea on this which will not be accepted by the "whole" in the market. I thinking 2.5 years exclusive rights and 5 years support. Here is the reason behind it.

      Once someone releases a software solution to an idea, it takes time for it to distribute and the ideas to manipulate it to it's fullest potential takes around 2.5 years. Between that time and 5 years, people are adding features to it. The base should still be supported. The individual features, should have their own 2.5-5 year exclusive protection. Ten years is asking direct improvement on that software to halt due to royalties.

    21. Re:Absurd! by Anonymous Coward · · Score: 0

      He also argued very strongly that things like copyright should never be raised to the level of property.

    22. Re:Absurd! by mcgrew · · Score: 1

      Lawrence Lessig argued that in front of the SCOTUS and lost. IMO that loss was a tragedy.

    23. Re:Absurd! by Raffaello · · Score: 1

      However this isn't the whole picture. The argument for intellectual property boils down to this:

      Will innovations that require large amounts of investment, the classic example being an FDA approved new drug, still be made if those who make these innovations know that others will legally copy them freely?

      Will movie studios still spend tens of millions of dollars to produce a film when they know that anyone who wants to will legally copy and distribute it? Similarly computer games, television shows, etc.

      The fact that copies can be easily made is not a justification. Copies can be easily made of your house keys. Would you like them widely and legally available?

      Tech types tend to get hung up on technical possibility. Many things are easily done in this world. The fact that something is easily accomplished is not a good reason for it to be legal. Technology allows you to easily kill large numbers of people. Nevertheless, we as a society have wisely chosen to make that easily accomplished thing illegal.

    24. Re:Absurd! by Chosen+Reject · · Score: 1
      And you don't have the whole picture either. Firstly it's a business model issue. Many musicians are starting to give their music away for free, using the infinite free good (see the price where supply and demand meet when supply is infinite) to help sell the scarce good. This is being done by already well known artists (such as Trent Reznor and Radiohead), as well as unknown-before-giving-away-free-music artists (such as Jill Sobule and Corey Smith).

      Movie studios and game developers are going to have a harder time finding a business model, but that doesn't mean they don't exist. For example, Blizzard could give StarCraft II away for free and make enough money on the tournaments alone. They won't do this, of course, but if there was no way to make money on games, this is a model they could use. They get money from sponsorships of their tournaments, charge an entrance fee, sell related merchandise (such as books, posters, figurines, clothing, etc.). In this situation, others could have StarCraft II tournaments, but they couldn't have meet and greets with the developers unless they paid them, so Blizzard would have either a differentiating factor, or a way to make money.

      Also, movies don't need the budgets they currently have. A big portion of that budget comes from actor/actress salaries. If the movie was free and they had to make up the money in other ways, then those salaries would probably come down. What that would do to the quality of the acting is any person's guess. Also, special effects don't need to cost as much as they do. Star Wars Revelations was made with a budget of $20,000 or so. While that's not cheap, it's a lot easier to make a profit on $20,000 than it is on $100,000,000+. Granted that was a fan film, but it goes to show that special effects don't need to cost as much as they do. Even if they did, maybe we would go away from movies that rely on special effects towards movies that rely more on a good script.

      Copies can be easily made of your house keys. Would you like them widely and legally available?

      This statement just shows that you really don't know the difference. To claim that making copies of your house keys are as easy as making a copy of an mp3 is just dumb. Simple and fairly cheap, yes, but I could get an mp3 out to every one with a computer for far cheaper than to make a copy of my house key for those same people. And all those people could listen to the mp3 at the same time and for far cheaper. Only a very small fraction of those people could go through my house in a year's time, and an even smaller number could get to my house for as cheap (time costs included) as it would be to download and listen to an mp3.

      All of that ignores the big fundamental difference: artists want their art to be seen/heard/experienced. Yes they'd like to be paid for it as well, and I'm not faulting them there. But no one wants random people walking into their house. And there is another fundamental difference that you are failing to see. Even if I gave away keys to my house, and even if I charged people to see it, there is only one of my house. To make a copy would cost a lot of money and time. While people are in my house, no one else can use it. On the other hand, while I'm listening to my mp3s, you could make a copy of it and use it and it wouldn't affect me one bit.

      --
      Stop Global Warming!
      Just say no to irreversible processes!
    25. Re:Absurd! by decoy256 · · Score: 1
      I don't think it's that absurd. I too, am an attorney, and I can see making the argument. I've argued some pretty big stretches. You have to, sometimes, to protect all of your client's rights.

      I would argue 4th amendment on the grounds that by taking possession of the book (seizure) and reading it (search) without the intention of giving it a fair and just opportunity of receiving a copyright violates probable cause. Government actors cannot take any action without probable cause. At least that is the argument I would make. There is no precedent, but that is how Constitutional law is established. Lawyers first make the argument.

      And, as I said, I am an attorney. I know the difference between the 5th and 14th amendments. But the 14th amendment provides a higher standard of protection. I would argue that the Federal government should not be held to a lower standard than the states.

      Sure, I think the 5th amendment is sufficient, but you don't only argue what is sufficient, you argue everything you can conceive of.

    26. Re:Absurd! by decoy256 · · Score: 1

      Lessig is awesome. The problem isn't in the theory, it's with the SCROTUM... I mean the SCOTUS. As I've always said: We don't need more laws, we need better judges.

    27. Re:Absurd! by LuYu · · Score: 1

      This is one reason copyright is currently unconstitutional. Copyright currently exceeds the average human lifespan. In fact, it even exceeds the maximum possible human lifespan. So, from the point of view of any given individual, copyright is unlimited -- and therefore, unconstitutional.

      Copyright has been unconstitutional since 1976, anyway. Since then, copyright conflicts directly with the First Amendment by regulating all recorded speech instead of regulating a very small spectrum of speech specifically produced for the purpose of being sold. The internet just makes this obvious by recording and reproducing all speech.

      --
      All data is speech. All speech is Free.
    28. Re:Absurd! by Thinboy00 · · Score: 1

      IANAL, but if congress doesn't give you a copyright in the first place, the IP doesn't exist in a legal sense and cannot be said to have been "seized".

      Again, IANAL.

      --
      $ make available
    29. Re:Absurd! by decoy256 · · Score: 1
      IAAL (I am a lawyer).

      It is IP as soon as it is created. If it wasn't, there would be nothing to protect. When you get a copyright/patent, you are protecting what already exists, not creating what doesn't exist.

      The question is not, "Is it IP?", the question is, "Is it protected IP?"

    30. Re:Absurd! by PopeRatzo · · Score: 1

      Do you have a citation for this information about "perpetual copyright" during the 17th-19th century"?

      I'm not sure I believe you, but even if it's true, I don't think we want to make 18th century England our model for a free-market economy.

      --
      You are welcome on my lawn.
    31. Re:Absurd! by cpt+kangarooski · · Score: 1

      I too, am an attorney

      Always good to see another attorney on Slashdot.

      I would argue 4th amendment on the grounds that by taking possession of the book (seizure) and reading it (search) without the intention of giving it a fair and just opportunity of receiving a copyright violates probable cause.

      What?

      Remember, we are talking about if federal copyrights were granted or not granted in some manner. While I feel that most decisions as to whether, when, and to whom copyrights shall be granted will be judged on a rational basis standard, you wanted to discuss grants that did not even meet that very low threshold.

      Nevertheless, we are still talking about granting (or not granting) copyrights. If the law fails to give Alice a copyright for some otherwise unconstitutional reason, it is not a violation of her Fourth Amendment rights. That amendment protects Alice from having the government making unwarranted intrusions upon her privacy, and searching through her effects. In what possible way does Alice's lack of a copyright result in the police literally breaking down her door, scouring her home for her writings, and taking them away? It is a ludicrous idea. A lack of copyright does not mean a lack of privacy. Indeed, a copyright really is only of value for works that are in the public sphere. With a copyright, if Alice publishes her work, she can prohibit other people, like Bob, from making copies, for example. Without a copyright, if she publishes her work, Bob can copy it freely. But a lack of a copyright doesn't mean Alice is obligated to publish, or even to create. She can keep her works private, if she likes. Without the opportunity to copy, the fact that Bob can legally do so amounts to nothing. Plus, of course, the Fourth Amendment only prohibits state actors (e.g. police) from doing certain things. It doesn't prohibit private individuals from anything at all.

      So in short, the idea of trying to overturn copyright laws that did not even have a rational basis on the argument that they violated the Fourth Amendment rights of authors is simply absurd. Frankly, if you tried this in court, you would at the very least face a stern reprimand, and perhaps even a threat of sanctions.

      I know the difference between the 5th and 14th amendments. But the 14th amendment provides a higher standard of protection. I would argue that the Federal government should not be held to a lower standard than the states.

      They're of basically equal value, post Bolling. The difference is that the Fourteenth Amendment applies to the states, and the Fifth Amendment applies to the federal government. Since we're talking about federal copyright law, the Fourteenth Amendment is facially inapplicable. Again, out would come the reprimands, etc. You do your position no good by raising obviously irrelevant lines of argument.

      you argue everything you can conceive of.

      Sure, unless it's just plain dumb. I've never heard of a court yet that liked to have its time wasted with frivolous arguments, which is why people generally try to avoid making them. I guess things must be pretty different wherever you're barred.

      --
      -- 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.
    32. Re:Absurd! by cpt+kangarooski · · Score: 1

      It is IP as soon as it is created. If it wasn't, there would be nothing to protect. When you get a copyright/patent, you are protecting what already exists, not creating what doesn't exist.

      Well, no.

      There are three different things we're looking at here: Copies, works, and copyrights. (Patents are basically the same, but we'll leave them aside for now)

      A copy, i.e. a tangible object in which a work is fixed, such as a vinyl phonograph record, or a paper and ink book, is property, but it's ordinary personal property, like a brick, or a fish. Nothing special there, no new bodies of law needed.

      A creative work, such as a musical composition, lyrics, sound recording, or a written story, is not property. It's intangible (for instance, one story can simultaneously exist in many copies) but that isn't why it's not property. It is mainly because it's not rivalrous. Property is that which the owner can use and enjoy; can lend to others and have returned to him and; can dispose of, by means of selling, abandoning, or destroying. If you sing me a song, which isn't actually an act of lending, since you have it at the same time that I also have it, it is simply impossible to make me return my memory of it to you once I've listened to it. And it's quite difficult to dispose of it, since you can't control your own memories all that precisely either.

      And of course a copyright is a right pertaining to a creative work and copies in which that work is fixed, but all of these things are distinct from one another. A copyright could, perhaps, be thought of as property. Again, intangibility doesn't matter. If there's one thing a copyright is really similar to, it is a negative easement. It's not a right to affirmatively do things with works or copies, but a right to prohibit other people from doing certain things. It doesn't apply to all things, though, or in all circumstances. And it expires, even if the work (and therefore copies in which the work is fixed) still survive. Technically it would exist even if the work (and all its copies) were somehow utterly destroyed, but it would be pretty moot.

      "Intellectual property" is a fairly new term (IIRC it dates back to the 1950's or 60's -- cf. copyright from the early 18th century, or patents from the late 15th century) and is extremely confusing, perhaps deliberately so. It tries to cover a wide range of unrelated and quite different bodies of law, such as copyrights, patents, trademarks, trade secrets, publicity rights, etc. Some of these are in no way "intellectual," and none really deal with property. It's more likely a bit of propaganda meant to get people to apply norms of personal property to things that are utterly different. Personally, as someone who works in this general area, I avoid the term, and encourage others to avoid it as well. I am a copyright and trademark specialist. If I want to talk about, say, patents, I use the correct term. Since there's really very little reason to talk about all of them at once (they're so different, it would be like trying to come up with a single umbrella term for rocks, beetles, electric hair dryers, melancholy, and itchiness, and then having a discussion about all of them simultaneously using that term) there's no reason to invoke such an inapt general term.

      Still, if it refers to anything in the sphere of copyright, it cannot refer to copies; they're ordinary personal property, and no new term is needed. It cannot refer to creative works, as they're not property at all, and never could be. All that's left are copyrights themselves, which while not intellectual themselves, at least could arguably be construed as property.

      Thus, the term you're claiming as the object of protection is, if anything at all, the protection itself, and not what it protects.

      It's sort of as if you're confusing a suit of armor, a shield, and a sword, for the meat-and-bone knight that uses them for protection.

      --
      -- 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.
    33. Re:Absurd! by decoy256 · · Score: 1

      This isn't about Alice not getting a copyright, which would clearly only trigger the 5th amendment (on a federal issue). This is about the government having no intention of giving Alice a copyright... THAT is where I think the 4th amendment comes in.

      The state actor (the copyright office in this case) takes the property (book) under the pretext of reviewing it for a possible grant (copyright), but with no actual intention to do so. Alice would not have given the property (book) if the true intent was manifest from the beginning, thus intruding on her privacy.

      The violation of 4th amendment privacy stems from the government's inducement to convey information (privacy) based on a fraudulent representation of the government actor's purpose. There is a distinction between not granting a copyright and not intending to grant a copyright.

      Such government deception is acceptable when there is probable cause, which it clearly would not be here. This is not a case where the police trick a drug dealer into confessing or letting them into his apartment. Probable cause justifies the deception in that case.

    34. Re:Absurd! by jc42 · · Score: 1

      An even older example of perpetual copyright is that until the Protestant Reformation ended the Catholic religious monopoly in Europe, it was almost universally illegal (and sometimes punishable by death) for anyone to publish or distribute bibles without church permission.

      One of the things that got European leaders upset with the first Mongol exploratory expedition (circa 1220) was that they brought along a company of Korean printers, who printed and sold Korans and Bibles as they travelled. The motive was mostly to help the expedition to pay for itself. The Mongols had learned that the West didn't have very good printing technology, and the religious texts weren't generally available to most of the population. They thought that cheap religious texts would be good sellers, which was quite true. But they didn't anticipate the rage this would induce in the Western rulers, whose control over the population was partly built on keeping people illiterate and ignorant. The attacks that the Mongol expedition had to fight off were in part an attempt to stop this "copyright infringement". There was also widespread propaganda saying that the Mongols were in league with the devil, as an attempt to dissuade people from doing business with the "invaders".

      This did sorta backfire, though. Subsequent Mongol expeditions, in the 1230s and later, were in response to the reports that Ghenghis and crew delivered, describing the west as ignorant, illiterate, warlike barbarians who were a potential threat to the civilized world. So they organized a military force that attempted to "pacify" the far west and introduce modern innovations like education, literacy and commerce. This had only limited success, as is usual with such military "solutions" to social problems. But it did limit the range of western military operations for a few centuries. Then, of course, in the 15th century, westerners developed cheap printing operations, and copyright became an internal battle within Europe.

      Copyright has always been about maximizing publishers' and distributors' income by limiting the access of the general population to information. But at least today, copyright infringement isn't punishable by death without trial. ;-)

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    35. Re:Absurd! by cpt+kangarooski · · Score: 1

      Ok, so now you're changing things further. Before it was, if there were a copyright law that was blatantly unconstitutional (say, for equal protection reasons -- it only granted copyrights to white authors), what other grounds might it be unconstitutional under? Now you're trying to manufacture reasons for it to be unconstitutional (though I'm unconvinced, partially as I don't recall that it is settled that deception necessarily requires probable cause (do you have a S.Ct. cite?), and partially since these matters could be handled by means of private bills, and the disclosure that would have to come along with that, and separation of powers issues) by additionally creating a policy of examination which is, unbeknownst to the applicant, rigged in favor of uncopyrightability in an arbitrary and capricious manner.

      Is this even productive anymore? Is anyone out there suggesting that the government pursue such a policy? Is there indication that the government might choose to do this sua sponte?

      There are copyright abolitionists. There are strident copyright reformers who want to revive formalities, and who might even want fairly applied examination procedures vaguely similar to what we see in the patent and trademark fields. But I think you're getting further into bizzaro world with each successive post.

      --
      -- 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.
    36. Re:Absurd! by decoy256 · · Score: 1

      From your original post:

      No, it says that Congress has the power to secure it, if Congress so wishes. There is no Constitutional obligation, though.

      So, yes. You were suggesting the government pursue such a policy. My entire line of argument was to prove how ridiculous and wrong this original statement of yours was. Then you sidetracked the discussion into whether the 4th Amendment applies. Based on your original statement "if Congress so wishes", it is perfectly reasonable to bring the 4th Amendment in.

      Congress cannot do something simply if it "wishes" to, as your original post suggests. You're right, it is ridiculous to think that Congress would do this, which was my point from the beginning.

      Now that I've clearly shown how the 4th Amendment applies in your scenario, you want to say that I'm changing the topic. Well, with all respect, that is bullshit, counselor.

      I don't recall that it is settled that deception necessarily requires probable cause

      So what? "Everything is the way it is until it isn't anymore." That's how we get "Landmark Cases", counselor. To settle things that aren't settled. But in order to GET it settled, someone has to make an argument that has never been made before. It's called being a lawyer. Simply parroting back what the SCOTUS has said in the past requires no creativity or ingenuity. Lawyers who can't think outside of the narrow scope set by precedent are parasites living off of the creativity and ingenuity of real lawyers.

      P.S. Did I notice a gratuitous "sua sponte" thrown in there? Didn't they tell you in law school that trying to work those terms into everyday conversations is kind of a douche thing to do?

  3. 10 Years, not Infinity+ years by corsec67 · · Score: 4, Insightful

    Copyrights should only be a limited amount of time, not the current infinity+ that it is now.

    More than the authors life is excessive.

    A picture I took today shouldn't expire in 75 (if I live to 100) + 70 years, or in 2154.
    If I had a son, he might not be alive at that point.

    That is just way too long.

    --
    If I have nothing to hide, don't search me
    1. Re:10 Years, not Infinity+ years by Anonymous Coward · · Score: 5, Insightful

      A picture I took today shouldn't expire in 75 (if I live to 100) + 70 years, or in 2154.
      If I had a son, he might not be alive at that point.

      What I dont get is why your son needs to be rewarded for you working in the first place.
      Outside of world leaders & royalty, no other profession gets a free pass for their children.
      Are the children of copyright owners incapable of working like everyone else has to?

      (not directed at you but at copyright holders)

    2. Re:10 Years, not Infinity+ years by brian0918 · · Score: 1, Insightful

      More than the authors life is excessive.

      Not necessarily. If an inventor is only able to get a loan on the possibility that the loan provider can get some profit from it (as is always the case), the loan provider will not be as likely to make such a loan if, should the inventor die tomorrow, their money would be lost forever.

    3. Re:10 Years, not Infinity+ years by JCSoRocks · · Score: 4, Insightful

      Indeed. The changes to copyright law have pretty obviously been made solely to benefit huge corporations. Dead authors, musicians, artists, etc don't see any benefit from it - they're dead.

      The entire idea is to give people a way to protect their source of income while they labor to create more stuff. If it takes you more than 10 years (off the top of my head) to create something else that people are willing to pay for then you should find yourself a new career.

      --
      You are using English. Please learn the difference between loose and lose; they're, there, and their; your and you're.
    4. Re:10 Years, not Infinity+ years by Tubal-Cain · · Score: 1, Insightful

      It originally was...what? 14 years?
      The copyright on Windows 95 would be expiring in a few months. Oh how on Earth would MS survive if Windows 95 was no longer protected by copyright law?~

    5. Re:10 Years, not Infinity+ years by Tubal-Cain · · Score: 1

      What about "Life of author or x years, whichever is longer"?

    6. Re:10 Years, not Infinity+ years by Locke2005 · · Score: 2, Interesting

      Just make copyrights non-transferable and non-inheritable, i.e. you could never sell your rights to another person or corporation, so they would automatically expire upon the original creator's death. You could still license the use of your copyright to others to earn a profit by it (i.e. lease, not sell). Yes, there are a couple problems with this: 1) It creates an incentive to kill people to get free access to their work. However, since everybody simultaneously gets free access to the work, there is very little profit to be made in doing this. 2) It obsoletes the concept of a "work for hire". The other implication is that since corporations themselves are incapable of creating anything, a corporation should never be allowed to hold the copyright on anything. Oh, and your son should go out and write his own damn book!

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
    7. Re:10 Years, not Infinity+ years by Anonymous Coward · · Score: 0

      What about just x years?

    8. Re:10 Years, not Infinity+ years by Verity_Crux · · Score: 2, Insightful

      The changes to copyright law have pretty obviously been made solely to benefit huge corporations.

      That's the whole problem. If we had 10 years for a sole-proprietor patent, 5 years for a corporation patent, and maybe 12 years for a copyright we'd totally shut down all this wasted litigation money from corporations. I don't think an individual should be able to get a patent; if they aren't planning to make money on it, it should be given to the public domain.

    9. Re:10 Years, not Infinity+ years by skribe · · Score: 2, Insightful

      More than the authors life is excessive.

      I'd prefer lifetime plus some short additional period (say 10-20 years) just for safety's sake. If you make it just lifetime it wouldn't surprise me in the least if some bright, young corpling arranged for an accident or two to 'free up the rights issue we're having'. To a corp it may be considered an acceptable risk to put out a $100k contract rather than fork over a few mill for the movie rights. Just sayin'

      skribe

      --
      Blog
    10. Re:10 Years, not Infinity+ years by Vectronic · · Score: 1

      Double that, I think it was 14 years, + 14 years if they wanted it to be extended. Which is about right, although personally I think 15 + 10, or 15 + 10 + 5 + 3 + 1 where the proof/necessity/legitimacy of the copyright is harder to prove/costs more with each succession.

    11. Re:10 Years, not Infinity+ years by Jurily · · Score: 2, Insightful

      What I dont get is why your son needs to be rewarded for you working in the first place.

      Why should you indefinitely? 5 years should be enough to capitalize and come up with something new to sell.

    12. Re:10 Years, not Infinity+ years by Tubal-Cain · · Score: 1

      I was illustrating that a policy could be based on lifespan and still avoid conflicting with the "inventor dies next week" scenario. (Without appending a number after the death date)
      I agree a set span would be a better policy.

    13. Re:10 Years, not Infinity+ years by Fry-kun · · Score: 2, Insightful

      I agree, and this also applies to patents.

      Abolishing them completely is a bad idea - in fact, it would make people stop using their heads. Right now if something is patented, you need to figure out another way to do the same thing. Sometimes the new method is even better than the original. THAT IS THE [IMPLIED] GOAL. Without a patent, everyone would just use the 1st method and nobody would want to improve upon it.
      But if nobody can figure out another way to do the same thing, the patent does indeed stifle innovation (since other inventions often build on top of existing ones).
      Shorter timespans would still allow the original inventor the temporary monopoly (emphasis on "temporary"!), would prevent stagnation and promote innovation.

      --
      Did you know that "FTW" ("for the win") is a direct translation of "Sieg Heil"?
    14. Re:10 Years, not Infinity+ years by corsec67 · · Score: 2, Insightful

      So how about a fixed period, maybe with an extension, and leave the authors life out of the length?

      --
      If I have nothing to hide, don't search me
    15. Re:10 Years, not Infinity+ years by timmarhy · · Score: 3, Insightful

      5 years, i might also add is greater than the cut off most business ventures view as the break even point. usually a proposal needs to pay back and less than 24 months to be considered. that means 3 years of totally milking your invention, should should be plenty. it will also force companies to creat more because they can't just sit back and milk one innovation forever.

      --
      If you mod me down, I will become more powerful than you can imagine....
    16. Re:10 Years, not Infinity+ years by Tubal-Cain · · Score: 1

      I don't think an individual should be able to get a patent; if they aren't planning to make money on it...

      Patent owned by individual != Does not plan on profiting from it.
      Given the current lifespan of patents, if I have a good idea that can be profitable I would be tempted to patent it now and then work towards being able to start a business 2-5 years down the road that can make money from it. Or, if I am lazy, I could license it out.

    17. Re:10 Years, not Infinity+ years by dissy · · Score: 5, Insightful

      What about "Life of author or x years, whichever is longer"?

      I'd still prefer X years where X is single digit, or Very low double digit.

      Just because its 'intellectual property' doesn't mean they shouldn't have to work for a living just like every one else.

      If one album can only guarantee income for 5 years, then they would be encouraged to, i don't know, make another one! Or perhaps get out and find a real job. Either would be better for society as a whole.

    18. Re:10 Years, not Infinity+ years by dsginter · · Score: 1

      If I had a son, he might not be alive at that point.

      No discussion about a daughter - interesting. Would she not be able to hold a copyright?

      --
      More
    19. Re:10 Years, not Infinity+ years by kasperd · · Score: 1

      I agree that copyright should be made a fixed number of years after the release. The exact number of years can be discussed. I think 10 is not too bad. But I'd say it could vary depending on the kind of work with a minimum of 1 year and a maximum of 20. I don't see any reason why any copyright would need to be more than 20 years.

      I also would like to see other restrictions in copyright. When releasing a work you should be forced to decide whether you want to protect it using copyright or technical means - not both. In other words, anything released under a DRM scheme is fair game for copying by anybody able to do so. That would be a much more reasonable law than the current system that allows works to be released under DRM schemes that prevents fair use (sometimes even prevents just watching a movie the way it was supposed to be watched) and even makes it illegal (in some countries) to do anything that the DRM system did not intend you to do. Why did lawmakers ever write such a blank cheque for the publishers?

      Patents certainly have proven to be bad enough for some areas that they should just not be permitted. The way I'd reform the patent system would be to add more phases to the system in the following way. First you publicize the problem to be solved. Then society decides (details would have to be worked out) how much an invention to solve that problem would be worth. Then whoever first present an invention to solve the problem is granted the patent and can manufacture or sell licenses. The inventor gets pretty much free hands as today with a few exceptions. The total amount of money paid in licenses must be public, once it reaches the decided value the patent expires, and anybody who wants to can pay out the final amount to make the patent expire.

      The point of that system would be to give a more fair compensation to inventors, and prevent patents on obvious ideas. I think there would need to be a designated period from publicizing the problem till decision on the value (for example six months), if the invention is presented during that period it is considered obvious and nobody is granted the patent.

      Of course you could still work for several years before publicizing the problem you aim to solve, in order to get a head start, but you'd still be running two risks, maybe the invention would be valued very low by society, or maybe somebody else would come up with the solution very quickly. In both cases the time you spent would be a waste seen with the eyes of society, and the patent system should not encourage such waste.

      --

      Do you care about the security of your wireless mouse?
    20. Re:10 Years, not Infinity+ years by schon · · Score: 1

      Exactly. Basing anything on the lifespan of the creator is unfair.

      Why is the work of someone who dies at age 20 worth less than that of someone who lives to age 100?

      Why should an 18 year old receive more protection than a 50 year old?

      Why are terminal cancer sufferers less worthy of protection than those in good health?

    21. Re:10 Years, not Infinity+ years by caitsith01 · · Score: 2, Insightful

      Why should you indefinitely? 5 years should be enough to capitalize and come up with something new to sell.

      What if, like many creative people, you struggle in obscurity for years before gaining a reputation?

      When you get your big break and your work finally has some real dollar value, should large corporates be entitled to move in and use your work for free?

      --
      Read Pynchon.
    22. Re:10 Years, not Infinity+ years by johnsonav · · Score: 1

      If it takes you more than 10 years (off the top of my head) to create something else that people are willing to pay for then you should find yourself a new career.

      And that's exactly the argument that "content producers" are going to make, but in favor of extending copyright protections. As you say, those who cannot capitalize on their creations will find new careers, instead of creating more content. End result: less new content.

      I'm all for reducing or eliminating copyright. But, this argument won't convince anyone.

      --
      ... and that's when the C.H.U.D.'s came at me.
    23. Re:10 Years, not Infinity+ years by shoemilk · · Score: 1
      What I don't get is why people keep quoting this:

      More than the authors life is excessive.

      and think that you advocate for lifetime copyrights. The only position stated in this post is that

      More than the authors life is excessive.

      There is no mention of how long you think it should be, only how long it shouldn't be.

    24. Re:10 Years, not Infinity+ years by Anonymous Coward · · Score: 1, Insightful

      The main argument for the additional time is a lot of products that involve copyrights only get to market through significant investment by others. If any publisher could print a version of another authors works because that author had died, without any time period having elapsed then the business risks are significant. I agree that life + 10 years is far more reasonable than life + 70.

    25. Re:10 Years, not Infinity+ years by Anonymous Coward · · Score: 0

      No, the implied goal is to disclose the method to the public so that you don't end up with 'trade secrets' that must be closely held to prevent theft and therefore impede efficiency, not to mention losing innovations for periods of time - see the recent revelations about the Trident missile's warhead for why this is would be a bad idea for most industries.

    26. Re:10 Years, not Infinity+ years by caitsith01 · · Score: 1

      If one album can only guarantee income for 5 years, then they would be encouraged to, i don't know, make another one! Or perhaps get out and find a real job. Either would be better for society as a whole.

      As I have posted above in reply to someone else, you are assuming that work has value which is at its highest immediately upon its creation and then declines steadily from there.

      But what about, say, an author. He writes a novel today which is published in limited circulation and does moderately well. In 2015 he publishes another novel, which through a combination of quality, good timing and strong support from his publisher turns into a big hit and gets rave reviews. Suddenly some of the reviewers start reading his first novel, and realise that it's actually even better than the second one.

      So, on your theory, his publisher is now entitled to make millions selling physical copies of his first novel (for people will surely still buy physical books, no matter how great the Kindle or whatever becomes) while the author gets nothing for his "imaginary" property.

      Oh, and yes, some works of art are sufficiently great that I have no problem whatsoever with the artist living for the rest of their lives from the proceeds. Dark Side of the Moon racked up over 1500 weeks in the Billboard charts, and as far as I am concerned Pink Floyd deserve every penny they make from it. But on your random 5 year system they would have lost 23 years worth of royalties because society somehow deserves to have their unique creative work for free. Lazy Pink Floyd, go and record another masterpiece, dammit!

      --
      Read Pynchon.
    27. Re:10 Years, not Infinity+ years by binarylarry · · Score: 1

      Well, since the founding fathers saw women as property, I doubt it.

      --
      Mod me down, my New Earth Global Warmingist friends!
    28. Re:10 Years, not Infinity+ years by c1t1z3nk41n3 · · Score: 1

      Sure. Why not? Everyone will be able to use it for free so I'm not sure why your using the boogey man of large corporations. Take a band like Green Day. Would it kill them to stop receiving royalties on music they made 15 years ago? They'd still be pulling in cash on the stuff they've done recently.

    29. Re:10 Years, not Infinity+ years by icebike · · Score: 1

      > I don't think an individual should be able to get a patent; if they aren't planning to make money on it, it should be given to the public domain.

      Who is to say what Plans are in my head at any given time?

      And individual should have some time to develop commercial plans even if they did not originally set out to make money from their invention. The idea that they have to have a business plan in order to get a patent is sort of silly. You can download a business plan from the net, and submit it as proof of "Planning to make money".

      After some low number of years the benefit to society that is stymied by the developer's dis-interest exceeds any value that be achieved by allowing the patent to stand.

      Your argument would make far more sense if you suggested additional patent life be granted if the patent were being exercised (in production and being sold).

      --
      Sig Battery depleted. Reverting to safe mode.
    30. Re:10 Years, not Infinity+ years by Dreadneck · · Score: 1

      If an inventor is only able to get a loan on the possibility that the loan provider can get some profit from it (as is always the case), the loan provider will not be as likely to make such a loan if, should the inventor die tomorrow, their money would be lost forever.

      Couldn't the loan provider take out an insurance policy to protect against such a possibility?

      --
      Power does not corrupt - power attracts the corrupt.
    31. Re:10 Years, not Infinity+ years by Firethorn · · Score: 1

      My proposals are normally along the lines of 'life or 50 years, whichever's greater'.

      The 50 years is so the work of a sick author like Robert Jordan still has enough value to interest publishers, or if the dude has an accident or whatever.

      The life because, well, an author should be able to control his works while still living.

      On the other hand, 50 years/life has the copyright expiring while there's still individuals/groups interested in preserving/distributing the work.

      For example, Elvis made a bunch of movies. I saw reruns of them a lot as a kid, but as time goes on, the number of people who remember Elvis live drop. Statistically speaking, very, very few will be left by the time the copyrights on his work expire.

      --
      I don't read AC A human right
    32. Re:10 Years, not Infinity+ years by Logic+and+Reason · · Score: 5, Insightful

      Right now if something is patented, you need to figure out another way to do the same thing. Sometimes the new method is even better than the original. THAT IS THE [IMPLIED] GOAL. Without a patent, everyone would just use the 1st method and nobody would want to improve upon it.

      Why don't we outlaw the wheel, then? I'm sure that will force the market to come up with all sorts of creative alternatives. We'll probably waste billions of dollars in the process, but at least we'll be promoting "innovation"! Isn't that what's important, after all?

    33. Re:10 Years, not Infinity+ years by Anonymous Coward · · Score: 0

      Exactly. Just like in any other field, if they want to provide for their children save and invest what they earn from the copyright during their lifetime. If you want to put a low cap on it for fairness' sake, do so. E.g., Copyright protection for the creator's life or 5 years, whichever is longer. Anything more is crazy. (And many things less are saner!)

    34. Re:10 Years, not Infinity+ years by Libertarian001 · · Score: 3, Insightful

      Absolutely not. The Statute of Anne (Britain, 1710) set the term for copyright at 14 years. Copyright is about controlling distribution so that the author would have sufficient time to reap rewards for their labors. Distribution gets easier and easier as time marches on, technology improves and the general education of the masses increases. The ease with which information can be disseminated today should, in my opinion, mean that copyright terms should be decreased, not increased. 14 years, max, and referably less than 10.

    35. Re:10 Years, not Infinity+ years by Theaetetus · · Score: 3, Insightful

      I'd still prefer X years where X is single digit, or Very low double digit.

      Just because its 'intellectual property' doesn't mean they shouldn't have to work for a living just like every one else.

      If one album can only guarantee income for 5 years, then they would be encouraged to, i don't know, make another one! Or perhaps get out and find a real job. Either would be better for society as a whole.

      Bearing in mind, of course, that you're discussing copyrights and the article is about both copyrights and patents, in some industries it may take much longer than 5 years to research and develop the idea - pharmaceuticals take 10-15 years to go from lab to market, due to all the human trials they have to run. The patent would be expired before the thing even got off the bench in a 5 year term... Or, if you want to go 5 years from market date, then imagine drug prices 10-20 times higher then they are now, because they have such a short time to recoup the hundreds of millions of dollars it costs to run all those fraking human trials.

      But yes with regard to copyright. Those bastards should get up off their asses and make another album. 5 years between releases is way more than reasonable.

    36. Re:10 Years, not Infinity+ years by Theaetetus · · Score: 1

      The changes to copyright law have pretty obviously been made solely to benefit huge corporations.

      That's the whole problem. If we had 10 years for a sole-proprietor patent, 5 years for a corporation patent, and maybe 12 years for a copyright we'd totally shut down all this wasted litigation money from corporations. I don't think an individual should be able to get a patent; if they aren't planning to make money on it, it should be given to the public domain.

      Uh, if an individual can't get a patent, then the only ones getting them are the huge corporations. I don't think you've thought your cunning plan all the way through.

    37. Re:10 Years, not Infinity+ years by Timothy+Brownawell · · Score: 1

      Abolishing them completely is a bad idea - in fact, it would make people stop using their heads. Right now if something is patented, you need to figure out another way to do the same thing. Sometimes the new method is even better than the original. THAT IS THE [IMPLIED] GOAL. Without a patent, everyone would just use the 1st method and nobody would want to improve upon it.

      This is complete nonsense. The purpose of copyright and patents is to increase profits for the rightsholders by granting them a monopoly. Supposedly this will increase innovation, because some amount of innovation is necessary in order to obtain this grant of monopoly. The "innovation through workarounds" theory is an after-the-fact justification, and reminds me somewhat the broken window fallacy ("destroy" some portion of research to force investment in duplicate research).

      But if nobody can figure out another way to do the same thing, the patent does indeed stifle innovation (since other inventions often build on top of existing ones).

      They stifle innovation regardless, because a section of the research field is made off-limits for a couple decades.

    38. Re:10 Years, not Infinity+ years by SanityInAnarchy · · Score: 1

      Right now if something is patented, you need to figure out another way to do the same thing. Sometimes the new method is even better than the original. THAT IS THE [IMPLIED] GOAL.

      Actually, the implied goal is to provide an incentive for the original invention -- the theory being that no one will create anything without it being protected.

      Without a patent, everyone would just use the 1st method and nobody would want to improve upon it.

      Bullshit. The incentive is still the same: Build a better mousetrap.

      Do you honestly think that Apple created the iPhone because existing physical keypads for cell phones were patented?

      Sure, there are exceptions -- PNG was created because Gif was copyrighted. But for every example like that, I'm sure I can find ten examples of inventions that would have been created without patent law, and twenty of innovation that was held back significantly by patent law, going back to the first steam engines.

      --
      Don't thank God, thank a doctor!
    39. Re:10 Years, not Infinity+ years by russ1337 · · Score: 1

      Why should you indefinitely? 5 years should be enough to capitalize and come up with something new to sell.

      What if, like many creative people, you struggle in obscurity for years before gaining a reputation?

      When you get your big break and your work finally has some real dollar value, should large corporates be entitled to move in and use your work for free?

      I'd argue that the likleyhood of living in obscurity is lessened by shorter copyright. I.e your early work is set free, thus making you easier to be 'discovered'. This is backed up by the increase in exposure of artists who give away their work - actually builds them a fan base.

    40. Re:10 Years, not Infinity+ years by Jah-Wren+Ryel · · Score: 3, Insightful

      What if, like many creative people, you struggle in obscurity for years before gaining a reputation?

      You mean, like everybody else does in life? Start out small and work hard to develop valuable skills, contacts and a reputation?

      When you get your big break and your work finally has some real dollar value, should large corporates be entitled to move in and use your work for free?

      If your work has value, then make some more and sell it.

      --
      When information is power, privacy is freedom.
    41. Re:10 Years, not Infinity+ years by caitsith01 · · Score: 1, Insightful

      Sure. Why not? Everyone will be able to use it for free so I'm not sure why your using the boogey man of large corporations. Take a band like Green Day. Would it kill them to stop receiving royalties on music they made 15 years ago? They'd still be pulling in cash on the stuff they've done recently.

      Why not? Why?

      What I like is the implication that you somehow have a right to their work. Why do you get to decide that they have made "enough" money from something?

      The "boogey man" of large corporations was mentioned in my earlier post because they are precisely the ones who would benefit in tangible financial terms. For instance, people are likely to still buy physical books and other media, so even if they only cost a few bucks the companies with the means to manufacture and distribute those things will still make money.

      I don't agree with endless or ridiculously long copyright, but I think that people who high handedly assert that it should be very short are not thinking it through. Something like 30 years from the date of creation or the lifetime of the creator, whichever is longer, seems reasonable to me.

      --
      Read Pynchon.
    42. Re:10 Years, not Infinity+ years by icebike · · Score: 1

      > Lazy Pink Floyd, go and record another masterpiece, dammit!

      Wouldn't society be better served by this than having them suck gin by the pool for the rest of their life?

      just sayin...

      --
      Sig Battery depleted. Reverting to safe mode.
    43. Re:10 Years, not Infinity+ years by Digital+Vomit · · Score: 1

      In almost all cases -- software, books, movies, music, etc. -- five years sounds about right. Maybe add an option to extend it by five more years at the cost of paying the gov't 10% of gross sales from the first five years and the (extended) second five years.

      --
      Modern copyright is theft of culture from everyone and it retards the progress of the useful arts and sciences.
    44. Re:10 Years, not Infinity+ years by caitsith01 · · Score: 0

      If your work has value, then make some more and sell it.

      This is a remarkably stupid way of thinking about creative work.

      Many great artists only had one or two truly great works in them. Some only created one (such as JD Salinger).

      Art is not a commodity which can be cranked out like a Model T Ford, and it does not obey the calculus of supply and demand.

      --
      Read Pynchon.
    45. Re:10 Years, not Infinity+ years by dgatwood · · Score: 2, Interesting

      Let's put that in perspective. I'm writing a sci-fi trilogy. I've written and edited the first part, written (but not edited) the second. If you set the copyright term to five years, the first part and half of the second would be out of copyright. None of it has been published yet.

      It is important when considering copyright laws to consider the inherent difference in published and unpublished works. Unpublished works are the exclusive right of the creator until publication. If you set the copyright term to a short period of time, there must be an exemption for unpublished works, i.e. the copyright period must begin at publication. Otherwise, there would be no incentive to create larger works because the copyright would have expired before the works were in a publishable state.

      This would also be useful is in the case of bands who perform works but do not make them available on CD. Those works would then remain protected until they were popular enough to profit off of those works.

      I would prefer, were I creating a copyright scheme, to create one in which the term of copyright is unlimited until the date of publication, but upon publication, the term is 7 years, renewable up to three times at 7 years apiece (for a maximum of 28 years. The rate should be exponentially graduated to encourage authors to let low-profit works lapse. It should also expire automatically and become nonrenewable if a published work is not republished for any consecutive 10 year period during the copyright term.

      --

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

    46. Re:10 Years, not Infinity+ years by Jurily · · Score: 1

      Would it kill them to stop receiving royalties on music they made 15 years ago?

      You mean back when they made good music? Who'd buy their new albums then?

    47. Re:10 Years, not Infinity+ years by caitsith01 · · Score: 1

      Wouldn't society be better served by this than having them suck gin by the pool for the rest of their life?

      just sayin...

      Since when do bands, or anyone else, have to work for "society"? If they have made something amazing enough that they never have to work again, good for them.

      You might argue that they work for society because society created the legal rights they have in their work in the first place. But on the other hand, if there were no copyright at all, maybe they would never have gotten as far as Dark Side of the Moon...

      --
      Read Pynchon.
    48. Re:10 Years, not Infinity+ years by Anonymous Coward · · Score: 0

      And what if we discover immortality? Will all copyrights be forever?

      Actually, now that I think about it, the cure for aging would itself be patented so that wouldn't be a problem at all.

    49. Re:10 Years, not Infinity+ years by Digital+Vomit · · Score: 1

      There are two other things that should be part of copyright law:

      1. Copyright ceases when the work is no longer sold. Might want to add "in a physical form" and/or "at a reasonable price" to keep companies from abusing this (e.g. Buy Windows 3.1 online for $999,999.99!"

      2. The copyright holder is responsible for ensuring the work remains available to enter public domain after the copyright term expires. This means a DRM-free, non-"activation needing" copy of the entire work must be maintained at the copyright holder's expense for the duration of the copyright term. Failure to do so results in total forfeiture of earnings made by sale of the work and/or jail time.

      These two ideas alone would do wonders for fixing the pile of shit that copyright law is today.

      --
      Modern copyright is theft of culture from everyone and it retards the progress of the useful arts and sciences.
    50. Re:10 Years, not Infinity+ years by Anonymous Coward · · Score: 0

      "If I had a son, he might not be alive at that point."

      THen who would be taking care of your grandchild, if not the royalties from your picture?

    51. Re:10 Years, not Infinity+ years by Jah-Wren+Ryel · · Score: 4, Insightful

      Many great artists only had one or two truly great works in them. Some only created one (such as JD Salinger).

      Tough shit. No one said life was easy.

      Art is not a commodity which can be cranked out like a Model T Ford, and it does not obey the calculus of supply and demand.

      Lol. No wonder artists are always starving.

      --
      When information is power, privacy is freedom.
    52. Re:10 Years, not Infinity+ years by DoofusOfDeath · · Score: 1

      I'd still prefer X years where X is single digit, or Very low double digit.

      That might create jobs in the hit-man industry.

    53. Re:10 Years, not Infinity+ years by icebike · · Score: 1

      If bands don't work for society then why the hell would they record music and sell it in stores?

      They demand protection of Society. They sell to Society.

      Have you thought this response thru in your rush to post?

      Did music ONLY arise after the invention of Copyright?

      --
      Sig Battery depleted. Reverting to safe mode.
    54. Re:10 Years, not Infinity+ years by Jah-Wren+Ryel · · Score: 2

      What I like is the implication that you somehow have a right to their work. Why do you get to decide that they have made "enough" money from something?

      Isn't that precisely what copyright law does? US deciding when THEY have made "enough" money from something?

      I don't agree with endless or ridiculously long copyright, but I think that people who high handedly assert that it should be very short are not thinking it through. Something like 30 years from the date of creation or the lifetime of the creator, whichever is longer, seems reasonable to me.

      Ohhh! So now YOU are deciding when "they" have made enough money. Gee, what a hypocrite.

      The "boogey man" of large corporations was mentioned in my earlier post because they are precisely the ones who would benefit in tangible financial terms. For instance, people are likely to still buy physical books and other media, so even if they only cost a few bucks the companies with the means to manufacture and distribute those things will still make money.

      And do they not provide a valuable service - that of putting the words in a tangible form and then distributing it to you so that you can read it while sitting on the toilet? Are you saying that they do not deserve to profit from such work?

      --
      When information is power, privacy is freedom.
    55. Re:10 Years, not Infinity+ years by joocemann · · Score: 1

      What, o mighty one, dost thou consider a 'real job'?

      I'm a scientist, but I do not belittle the arts that capture our emotions, moments, and paychecks. While penicillin served to protect us, great writers and artist served to inspire. Both are great accomplishments.

    56. Re:10 Years, not Infinity+ years by Tubal-Cain · · Score: 1

      But what about, say, an author. He writes a novel today which is published in limited circulation and does moderately well. In 2015 he publishes another novel, which through a combination of quality, good timing and strong support from his publisher turns into a big hit and gets rave reviews. Suddenly some of the reviewers start reading his first novel, and realise that it's actually even better than the second one.

      How often does this sort of thing actually happen?
      No matter what the policy is, someone is going to get the short end of the stick. Right now that someone is almost exclusively the consumer (and Elvis' great-great-grandkids). The more we adjust copyright law, the more artists that will get caught by extenuating circumstances. But should we oppress the public for the sake of a handful of artists, rare enough that we need to resort to theoretical scenarios on their behalf, that are in the wrong place at the wrong time?

    57. Re:10 Years, not Infinity+ years by Jah-Wren+Ryel · · Score: 1

      Let's put that in perspective. I'm writing a sci-fi trilogy. I've written and edited the first part, written (but not edited) the second. If you set the copyright term to five years, the first part and half of the second would be out of copyright. None of it has been published yet.

      Doh! Copyright ALREADY starts from the date of registration. And if you aren't registering your copyrights, then you don't care about the commercial value to begin with.

      --
      When information is power, privacy is freedom.
    58. Re:10 Years, not Infinity+ years by caitsith01 · · Score: 1

      I don't know. Why do you work to acquire money (assuming you do)? After all, it's just an artificial creation of society, with no intrinsic value. Therefore, I assume you have no objection if society caps your wealth at a level which will make you reasonably comfortable, and takes the rest? Come on, fair's fair, those pieces of paper had no value until the government declared that they did.

      I also noticed you had some possession there. You maybe have a few too many, so the government might just take a few if that's ok. After all, property rights are also a creation of society, aren't they? So you can't really complain. Without society, you'd be getting clubbed by a neighbouring tribesman who would take all of your stuff, not just some of it. Really, you should be grateful. ...and so on...

      --
      Read Pynchon.
    59. Re:10 Years, not Infinity+ years by Tubal-Cain · · Score: 1

      Wouldn't society be better served by having them suck gin by the pool for the rest of their life?

      just sayin...

      There, fixed that for you.~

    60. Re:10 Years, not Infinity+ years by SanityInAnarchy · · Score: 1

      PNG was created because Gif was copyrighted

      Sorry, should be because Gif was patented.

      --
      Don't thank God, thank a doctor!
    61. Re:10 Years, not Infinity+ years by Yvanhoe · · Score: 1

      This is one of my dreams : it would turn the wikipedia into a complete library. With books, movies, songs, all that makes the culture, OUR culture ! It is easier to understand the cultural background of Elizabethan-era UK than of WWII America. The copyright law probably already choked most of the 20th century's Shakespeares. The culture we are allowed to teach to our children is a still picture of pre-1900. won't someone think of the children ? Don't they deserve at least to know what the 20th century was like ?

      --
      The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
    62. Re:10 Years, not Infinity+ years by caitsith01 · · Score: 4, Interesting

      Ohhh! So now YOU are deciding when "they" have made enough money. Gee, what a hypocrite.

      No, I am suggesting an amount of time which would give someone a reasonable opportunity to exploit their own work however they see fit. Unlike you, I am not basing my suggestion on whether they have made "enough" money, I am basing it on the practicalities of exploiting creative work.

      And do they not provide a valuable service - that of putting the words in a tangible form and then distributing it to you so that you can read it while sitting on the toilet? Are you saying that they do not deserve to profit from such work?

      Apparently you regard the service of printing and distributing a book to be far more valuable than the service of actually creating the words which go into that book. You must love the phone book - it's totally free and has a huge number of excellently printed words in it.

      --
      Read Pynchon.
    63. Re:10 Years, not Infinity+ years by Jason+Levine · · Score: 1

      14 years plus an optional, one-time 14 year renewal would also solve the problem of abandonware. If a company went out of business or was diced up and sold to multiple other companies, leaving the copyright status murky, one would only need to worry about the murky copyright for 14 years maximum. All those games from the 1980's whose copyright owners are unknown would be fair game in 8 years maximum (figuring in the 14 year renewal). Many would be fair game already.

      Even on works whose copyright owners are known, how many actually make a significant amount of money after 14 years? How many make a significant amount of money after 28 years? For each Star Wars (in copyright 32 years and still making money), there are a hundred works (games, movies, songs, etc) that aren't making anything significant anymore.

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    64. Re:10 Years, not Infinity+ years by Man+On+Pink+Corner · · Score: 1

      Many great artists only had one or two truly great works in them. Some only created one (such as JD Salinger).

      So did Steve Wozniak. Why doesn't he get to milk the Apple ][ for the rest of his life? Just because he's an "engineer" and not an "artist"?

      Artists are not the unique and beautiful snowflakes that US copyright law says they are.

    65. Re:10 Years, not Infinity+ years by rossz · · Score: 2, Interesting

      I disagree. Too often it takes years just to take a patentable idea and turn it into a viable consumer product. A reasonable time would be at least 10 years, but probably not more than 20 years. I have nothing against patents. I have everything against patents for stupid and obvious ideas.

      Now copyrights are another matter. A book or a piece of music is going to sell now or not at all. So 5 years is reasonable. I'm willing to compromise and go to 20 years. This forever minus a day is just bullshit.

      There's a whole lot of classic blues and jazz music that should have fallen into the public domain but have not and are locked up by forever copyrights so we can't get to them. Even if they don't reduce the copyright period, at least put in a death clause so that if the copyright holder does not make it available for a certain period of time (say two years for the sake of argument) it automatically falls into the public domain. And no pulling bullshit tricks like making it available for $1,000,000 per track just to say they complied. It must be made available at industry standard prices, e.g. a buck a track.

      --
      -- Will program for bandwidth
    66. Re:10 Years, not Infinity+ years by Rik+Rohl · · Score: 1

      Why did lawmakers ever write such a blank cheque for the publishers?

      Because the publishers wrote blank cheques to the lawmakers.

    67. Re:10 Years, not Infinity+ years by Tubal-Cain · · Score: 1

      Since when do bands, or anyone else, have to work for "society"? If they have made something amazing enough that they never have to work again, good for them.

      If they make $BIG_NUMBER before the copyright expires, and it is enough for them to retire for the rest of their lives, I have no problem with that.
      If it isn't big enough, then they didn't "make something amazing enough that they never have to work again"

    68. Re:10 Years, not Infinity+ years by morgan_greywolf · · Score: 1

      (not directed at you but at copyright holders)

      Actually, if he took a picture, any picture, he is a copyright holder according to the Berne Convention that every WIPO country has signed on to. That may sound like pedantry, but it's actually very, very relevant to the point of the story.

      Anytime you create an original work, you are automatically a copyright holder the second you publish it. Putting it on your website is sufficient for publication.

      Should all of the photos that everyone put on their websites, blogs, etc. today (potentially millions and millions of photos) be copyrighted until 2154? That's an awful waste of resources, isn't it?

    69. Re:10 Years, not Infinity+ years by WCLPeter · · Score: 1

      So, on your theory, his publisher is now entitled to make millions selling physical copies of his first novel (for people will surely still buy physical books, no matter how great the Kindle or whatever becomes) while the author gets nothing for his "imaginary" property.

      To badly paraphrase a quote I once read, "An idea once shared becomes the property of all those who experience it."

      While a work should have a limited exclusivity period [20 years, max] to allow the original creator to recoup their creation costs while making a decent profit, the inspiration fostered by the work being shared with others should be allowed to flourish and provide continued societal progress.

      When a work enters the public domain there is absolutely nothing stopping anyone, including the original author from publishing the work. While in your example the "publisher" could makes money on the author's work, so can the author if they choose to compete. Who gets the buyer's money depends on their perceived value of the work. I'm betting the original author would be able to provide enough unique incentives, being the original author and all, to provide a better value for the work.

      Don't be afraid of the public domain, embrace it, then make piles of money off of it.

    70. Re:10 Years, not Infinity+ years by Tikkun · · Score: 4, Funny

      Am I the only person laughing at the concept of copyright on jazz music?

    71. Re:10 Years, not Infinity+ years by dgatwood · · Score: 2, Interesting

      Distribution is easier, but creating the works still takes time. That novel that you took a year to write should be protected for more than single digit years. I would argue that the copyright duration should be dependent upon the amount of risk the creator or creators had to take on in order to create the work. Thus, a photograph's copyright might last only five years because it takes a fairly short amount of time to create it and the risk is thus relatively low. A novel... twenty years. A movie... ten years.

      You may be asking why a movie deserves less protection than a novel. Several reasons. First, having created both, I find that it's a lot harder to write a novel than to write a screenplay.

      "EXT. BASEBALL STADIUM---NIGHT.
      JACK throws the ball angrily to JILL. Slow-motion take as Jill swings and hits it out of the park."

      versus

      "And with that, Jack wound up for the pitch and furiously threw the ball towards her. Jill watched as the ball grew closer, closer, then swung. Crack! The pitch soared over the infield, across the outfield, past the fence, and out of the park."

      So movie content is written in a format that is much, much easier to write and edit. Also, while a lot of time is spent by a lot of people, it is almost always bankrolled by a large corporation with a means to distribute broadly. A novel is almost always written by an individual author without any financial backing, and as such is a much greater financial risk as far as the individuals involved are concerned.

      Works of music are harder to categorize because short works of popular music are relatively easy, while large works (I'm writing a mass right now) can take years to create.

      I think the risk factor should be a consideration when determining length of copyright. Works created by a legal corporate entity and other works for hire should have the shortest duration because they have no risk for the individual creator and because the actual creator rarely sees any gain from longer durations. Works created by a group of individuals retaining copyright collectively should have a longer duration. Works created by a single individual should have the longest duration.

      Don't ask me what a policy like that would actually look like in practice, though....

      --

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

    72. Re:10 Years, not Infinity+ years by alder · · Score: 1

      in fact, it would make people stop using their heads

      Certainly, because patents and profit are the only factors that would motivate a person...

      Without a patent, everyone would just use the 1st method and nobody would want to improve upon it.

      Note how badly we, the humanity, had to struggle before July 31, 1790 - same stone wheels, same obsidian tools, same clay tablets (or were they invented and patented later?), etc...

    73. Re:10 Years, not Infinity+ years by jedidiah · · Score: 1

      Neither should the creation of cultural artifacts be held hostage the previous generations.

      Something as simple as a historical documentaries are supressed by greedy A&R men.

      Being able to fuck around with the next generation of artists is merely a means
      to an end, a tool justified by a public policy goal which is not to provide a
      business model for 'starving artists' or greedy A&R men.

      Someone like Ellison shouldn't have standing to shake down someone like Cameron.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    74. Re:10 Years, not Infinity+ years by JoeMerchant · · Score: 1

      I'd push more for 15 to 30 years. Not every idea can be rolled out at Web 3.0 speeds. Anything that requires physical manufacturing, quality control, and any kind of regulatory oversight can't hope to go from concept to consumer within less than 2 years.

    75. Re:10 Years, not Infinity+ years by azakem · · Score: 1

      What I dont get is why your son needs to be rewarded for you working in the first place. Outside of world leaders & royalty, no other profession gets a free pass for their children. Are the children of copyright owners incapable of working like everyone else has to?

      Not that I totally disagree with you, but inheritance basically works the same way. There is a principled argument that inheritance should be capped because it encourages sloth among the children of the wealthy. The counter argument is that the wealthy will not work as hard to produce during their lifetimes if they are not able to leave their estates to their children upon death.

    76. Re:10 Years, not Infinity+ years by jedidiah · · Score: 1

      > Why should intellectual property, which actually generally does take a significant amount of effort, be different than physical property? ...because it's not all yours. It's mostly derivative.

      You're basically whining that Haliburton can't just go in and strip mine Yellowstone.

      See my previous post about Ellison and his highly lame Outer Limits episode.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    77. Re:10 Years, not Infinity+ years by Tubal-Cain · · Score: 2, Interesting

      The "boogey man" of large corporations was mentioned in my earlier post because they are precisely the ones who would benefit in tangible financial terms.

      Not really. The fact that it is all public domain means the RIAA would be competing with free and legal torrents, and they are already losing to illegal torrents.

      For instance, people are likely to still buy physical books and other media, so even if they only cost a few bucks the companies with the means to manufacture and distribute those things will still make money.

      The publisher is providing a service. The customer would be able get the book for free online, but they may not wish to use so much toner, paper, and time to put it all in a loose-leaf binder when a professionally bound book is so much cleaner, faster, and simpler. (think "White Fang" or "Gone with the Wind")
      Same with the music stores: They won't be providing music, they will be providing better access to the music (professionally pressed discs, lossless formats, etc.)

    78. Re:10 Years, not Infinity+ years by JoeMerchant · · Score: 1

      I've been working in IP based industry (medical devices) for 15+ years now. Without IP, the investors don't have confidence and the little companies can't get off the ground.

      It's true that bigger companies bulk up patent portfolios just to play "mine is bigger than yours, now let's make a deal..." but the smaller companies would be worse off without some form of protection.

      Having said that, it is waaaaaaaay too easy to get a patent lately. The last 15 years of precedent need to be wiped out and expectations reset regarding what isn't obvious, and also what constitutes prior art.

    79. Re:10 Years, not Infinity+ years by Anonymous Coward · · Score: 0

      To play devil's advocate:
      What about the one's who have works that didn't even come into common knowledge until after the person's death? It has happened. Emily Dickinson, for example, had "fewer than a dozen of her nearly eighteen hundred poems ... published during her lifetime" (wikipedia). I could see it being difficult to convince a good number that someone like that not receiving any royalties (even if they are dead, the royalties being left to whomever they willed it to or whatever) isn't fair. They never even had the chance to receive royalties in the first place. But shouldn't they be given an equal chance at that, even in their death?

      Not saying I stand there, but it's something I think about when the subject comes up.

    80. Re:10 Years, not Infinity+ years by Abcd1234 · · Score: 1

      Right now if something is patented, you need to figure out another way to do the same thing. Sometimes the new method is even better than the original. THAT IS THE [IMPLIED] GOAL.

      You're close, but that's not quite right. The goal of the patent system is very simple: in exchange for divulging the method, thus enriching the public, an inventor is afforded temporary (*temporary*) protections. This is preferable to the alternative, that being trade secrets which may remain permanently hidden from the public, disallowing anyone from ever using (or, as you mention, improving) the method.

      Of course, overly long patent terms can work to stifle innovation (as we've seen). Fortunately, in the general case, unlike copyright terms, patent terms aren't too excessive (yet). The real problem, at least in the technology space (particularly the software space) is that patent terms should be a lot shorter, as the pace of innovation is much faster in those areas ('course, in the software space I think patents should simply be outlawed... why should software benefit from both copyright *and* patent protections?).

    81. Re:10 Years, not Infinity+ years by Anonymous Coward · · Score: 0

      If you make it just lifetime it wouldn't surprise me in the least if some bright, young corpling arranged for an accident or two to 'free up the rights issue we're having'. To a corp it may be considered an acceptable risk to put out a $100k contract rather than fork over a few mill for the movie rights. Just sayin'

      Exactly the same "reasoning" applies to any form of murder for profit crime such as murdering for inheritance or murdering a competitor. What makes you think existing anti-murder laws would mystically stop being applicable?

    82. Re:10 Years, not Infinity+ years by arotenbe · · Score: 1

      But if nobody can figure out another way to do the same thing, the patent does indeed stifle innovation (since other inventions often build on top of existing ones).

      I think the key point is that there is no "magic number" that is the length of time during which a patent is guaranteed to not stifle innovation--other than zero. What if C. A. R. Hoare had gotten a patent on the original quicksort? Even modern general sorting algorithms like introsort are based on quicksort. Science and engineering are built, fundamentally, on iterative improvement of existing designs, and patenting just stops progress in a direction of research for the length of the patent.

      --
      Tomato wedge sperm darts that are Republican.
    83. Re:10 Years, not Infinity+ years by dgatwood · · Score: 3, Insightful

      No, it doesn't. Copyright exists from the date of creation in the U.S. and other Berne Convention signatory nations. Further, you cannot register a copyright on an incomplete work. Thus, what you are suggesting makes absolutely no sense whatsoever. There were some changes a few years ago that make it possible to pre-register prior to publication a work that is basically complete to help protect films from being distributed prior to their release, but that's not the same thing as registering your copyright on a book one chapter at a time....

      Perhaps you're thinking about statutory damages, which cannot be claimed on an unregistered work.

      --

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

    84. Re:10 Years, not Infinity+ years by WMD_88 · · Score: 1

      Lazy Pink Floyd, go and record another masterpiece, dammit!

      Pink Floyd is a lousy example here, because they *did* record at least two more albums later that were almost as highly regarded.

    85. Re:10 Years, not Infinity+ years by iminplaya · · Score: 1

      More or less. And it came with some consumer protections sorely lacking today. Note the part on excessive prices.

      --
      What?
    86. Re:10 Years, not Infinity+ years by Tikkun · · Score: 4, Insightful

      What I like is the implication that you somehow have a right to their work

      The same reason you have the right to use the English language.

      The same reason you can use ideas that you've heard elsewhere and repeat them verbatim or modify them based on other ideas that you've heard/read or thought up. All without paying someone for the use of an idea that they "came up with". How on earth can we have conversations if people that come up with ideas aren't paid a licensing fee each time they're used?

      No one would ever think about something and speak their mind without direct monetary compensation! In fact, I'm not really posting an idea that has been rehashed on slashdot again and again and again, I'm really just a twitter sockpuppet.

    87. Re:10 Years, not Infinity+ years by Anonymous Coward · · Score: 0

      I agree, and this also applies to patents.

      Abolishing them completely is a bad idea - in fact, it would make people stop using their heads. Right now if something is patented, you need to figure out another way to do the same thing. Sometimes the new method is even better than the original. THAT IS THE [IMPLIED] GOAL.

      No, no it is not. The point of patents was that, in exchange for telling us how the "magic trick", you'd get the very temporary and very narrow legal monopoly privilege to be the exclusive practitioner of that particular method of performing that trick.

    88. Re:10 Years, not Infinity+ years by vrmlguy · · Score: 1

      Why don't we outlaw the wheel, then? I'm sure that will force the market to come up with all sorts of creative alternatives. We'll probably waste billions of dollars in the process, but at least we'll be promoting "innovation"! Isn't that what's important, after all?

      I've always wanted to own a hovercraft. This is just the sort of out-of-the-box thinking we need to make that dream a reality!

      --
      Nothing for 6-digit uids?
    89. Re:10 Years, not Infinity+ years by Tubal-Cain · · Score: 1

      Actually, if he took a picture, any picture, he is a copyright holder according to the Berne Convention that every WIPO country has signed on to.

      Riiight

    90. Re:10 Years, not Infinity+ years by sgt_doom · · Score: 1

      What economy? The economy is over....

      What part of this don't the blithering idiots understand??????

    91. Re:10 Years, not Infinity+ years by Tubal-Cain · · Score: 1

      Maybe he intends to force individuals to form trust funds, sole proprietorships, and other indirect methods of ownership.

    92. Re:10 Years, not Infinity+ years by Anonymous Coward · · Score: 0

      There haven't been many truly new drugs in quite some time. Most new drugs are passed then a bunch of Metoo's make a chemically similar drug and do their trials for a different indication. While the original creator designates it for a mood balancer, the metoo will market it as a anti manic drug. The copyright of pharmaceuticals is very murky and difficult to put numbers to.

    93. Re:10 Years, not Infinity+ years by Tubal-Cain · · Score: 1

      Why don't we outlaw the wheel, then? I'm sure that will force the market to come up with all sorts of creative alternatives.

      And don't forget to outlaw everything that is directly based on wheel technology! Like gears, turbines, gyroscopes, (round) dimmer switches...
      Our unwillingness to find alternatives that are not based on wheel technology in any way is degrading the very fabric of society!

    94. Re:10 Years, not Infinity+ years by garett_spencley · · Score: 1

      "Abolishing them completely is a bad idea - in fact, it would make people stop using their heads."

      Actually, this is fallacy.

      I'm an "artist". I've written lots of songs. I've recorded, produced and released a musical album. I've written short stories. I've created paintings. In other words, I "own" lots of copyrights. Guess how much copyright has benefited me ? Absolutely nil.

      My post from this point forward is going to deal exclusively with music, because that's what I know best. But I think the concepts will apply to every kind of art from movies to paintings to books. Also, I know a lot of musicians who make a decent amount of money doing studio for-hire work and playing live shows. But that has nothing to do with copyright. I'm only talking about the "creative process".

      The reason for the fallacy of "copyrights encourage people to create" is that it confuses the creative genius and the entrepreneur. While I can't speak for every single artist on the planet, I can say that every single musician that I have ever known directly has never created for the sake of making money.

      Sure, there is always the "dream". The dream that we will make it big and become famous rock stars. But as soon as you start talking business and economics with musicians the creative process is ruined. In fact, the majority, if not all, of the artists I know grew up saying "I'd be happy working at McDonald's my whole life if it means I can keep writing music and don't have to become a suit like my parents". In other words, the dream is considered by many to be in direct conflict with business. As soon as creating becomes a job the joy of creating is lost and writer's block ensues.

      Copyright protects distributors from competitors. Guess what, competitors include the artists themselves. Most artists buy into the idea of copyright because morally they object to some greedy capitalist profiting from their work without compensating them for it. It's hard to argue with that mindset, it makes sense. However, you need to try to imagine a world without any copyright what-so-ever to see what would actually happen.

      First off, in our current world no company will distribute a recording without express written consent. If a DJ or a small start-up wants to distribute music they have to go through "the channels". The channels usually mean either a) purchasing licenses from the RIAA or similar organizations or b) waiting for artists to sign up and send you their music themselves. In both cases, small businesses and artists get stiffed and the major "mainstream" distributors benefit by not having competitors enter the field.

      Copyright can not make anyone like your music (all opinions about mainstream music aside). You have to be good to begin with. People have to like your stuff. Copyright doesn't help you in that regard. Most artists fail right there. But then with regards to copyright not only do you have to be a really good artist but you have to have a lot of business sense too. Because only you, or people you give permission to, can distribute your work. You have to turn your "creative process" into a full time business just to sell a few CDs. The very small amount of artists that are left at this point, the majority of them fail here too. So now we're left with a microfraction of artists who can distribute their work and actually make anywhere remotely near recouping their investment (all those years practicing, part time jobs saving to pay for gear and the studio time or home recording equipment, hiring the geek down the street to set you up with a promo web-page with mp3s and streams etc.). Copyright doesn't help in recruiting the investment, it hurts.

      So what does a world without copyright look like ? Well, it is true that anyone can distribute your music and they don't have to pay you for it. But that's a good thing. It means that DJs and small Internet start-ups and entrepreneurs looking to sell compilations of indie music etc. don't have to spend ridiculous amounts of resources getting art

    95. Re:10 Years, not Infinity+ years by rossz · · Score: 1

      If you are dead, what differences does it make to you? Your lazy kids can write their own damn poems.

      --
      -- Will program for bandwidth
    96. Re:10 Years, not Infinity+ years by Anonymous Coward · · Score: 1, Interesting

      So if I write the next Da Vinci Code, get published, then die in a car crash the next day, my wife and kids shouldn't get anything? Any moron who works at a Kinko's should just be able crank out as many copies of my book as possible?

      Use your head, FFS. Of course my spouse and kids should benefit from my work. They're a huge reason I work at all.

    97. Re:10 Years, not Infinity+ years by Repossessed · · Score: 1

      It gets worse than that, since there's no requirement to provide a copyright notice, it may be impossible to be sure what the copyright term is, thanks to a lack of information. Even if you know when it was made, binding it to the authors life means copyright effectively extends for 200 years, because you simply can't be sure when somebody obscure, *especially* online where you have no idea who the author/artist is.

      --
      Liberte, Egalite, Fraternite (TM)
    98. Re:10 Years, not Infinity+ years by xero314 · · Score: 1

      I am all for decreasing the duration of copyright and patent protections as long as we extended these new laws to included all property, not just Intellectual.

      So if we limit copyright to X years, then we should limit home and automobile ownership, along with all other property, to X years as well.

      The problem with this is that those with property want to maintain protection and those without do not, at least generally speaking. Even those who own property, intellectual or otherwise, wanted to give up those rights then they already would.

    99. Re:10 Years, not Infinity+ years by Anonymous Coward · · Score: 0

      due to all the human trials they have to run.

      When the drug companies start spending substantially less on marketing than they do on research and development, and starts doing their research and development a helluva lot more efficiently, then you might have a point. Until then the industry probably has excess fat and is not entitled to an excessive patent privilege at the expense of others.

    100. Re:10 Years, not Infinity+ years by xero314 · · Score: 1

      I would rather the right be more along the lines of Trademarks, or even clearly defined to mean "while actively in use." This way manufactures who stop producing a product don't have the right to limit others from producing the product. It would also keep people from sitting on ideas in the hopes that someone else does all the actual works so that they can profit from someone else's work.

      My personal preference, as mentioned elsewhere, would be for this form of restriction to apply to all property, not just intellectual, and including capital. This would force people to either be productive with what they do have or forfeit ownership to someone that can do something with it.

    101. Re:10 Years, not Infinity+ years by falconwolf · · Score: 1

      Anytime you create an original work, you are automatically a copyright holder the second you publish it. Putting it on your website is sufficient for publication.

      When you create an original work of art you are a copyright holder, you do not have to publish it. Without registering a copyright however the most you can get is a cease and desist order. The only way for you to collect damages is by registering for a copyright.

      Falcon

    102. Re:10 Years, not Infinity+ years by Anonymous Coward · · Score: 0

      Not really. The fact that it is all public domain means the RIAA would be competing with free and legal torrents, and they are already losing to illegal torrents.

      That fails to address two issues.

      First, the RIAA is already competing against public domain music. There's absolutely nothing stopping bands from making their own music and legally putting it on torrent sites or allowing people to download it for free. A lot of bands already do that, but the majority of bands have decided they'd rather get paid if they can. So if the majority of bands have already made a decision not to release to the public domain, what makes you so sure they'll continue making music if you force them to release to the public domain?

      Second, illegal torrents only exist because the RIAA and the "artists" they represent were expecting to sell it for money. The RIAA could easily "beat" illegal torrents simply by not releasing any music.

    103. Re:10 Years, not Infinity+ years by falconwolf · · Score: 1

      The main argument for the additional time is a lot of products that involve copyrights only get to market through significant investment by others.

      If 28 years isn't enough tyme to make a profit then the writer needs to get into another field of work.

      Falcon

    104. Re:10 Years, not Infinity+ years by falconwolf · · Score: 1

      I would rather the right be more along the lines of Trademarks, or even clearly defined to mean "while actively in use."

      I'd rather have businesses compeat to stay in business instead of having a monopoly of unlimited duration. If you can't improve and come out with a better product after a number of years then you shouldn't be allowed to retard progress.

      Falcon

    105. Re:10 Years, not Infinity+ years by Tikkun · · Score: 1

      I also noticed you had some possession there. You maybe have a few too many, so the government might just take a few if that's ok.

      I apologize, this post is far longer than I intended. TL;DR Making a copy of something doesn't destroy your copy of something.

      For the sake of the argument, assume that a chair exists. Let us say that you own this particular chair, and that you made it. You didn't come up with the concept of using wood to make furniture, using four legs, a base and a back with metal screws and bolts, forging metal, harvesting wood, making saws, etc. etc. but you did come up with the idea for this particular chair. You then sold it to someone, and they put up a magical camera that transmits information about the chair on the Internet.

      Next, let's assume that I can make a perfect copy of the chair you made by running a command in a terminal: "wget hctp://example.com/chair.chr" (hctp = hyper chair transfer protocol).

      Making a copy of a chair does not invalidate the fact that the chair you sold is still a chair. Making a copy of this chair incurred you no opportunity cost as I did not even need to touch a chair you physically control to make this magical copy. Whatever money you gained by selling the chair is still yours, regardless if I made the copy of the chair or not.

      However, I am poorer if I never downloaded the chair, or if I had to work harder to pay for getting the chair the old fashioned and less efficient way (driving to a store to pick up one made by good old fashioned slave labor in the far east). You very likely made a small amount of money from this sale, but the majority of it was made by people who's job is essentially to deliver a copy of the chair to me, people who if I had gotten the chair more efficiently might actually be doing something productive (such as making new kinds of chairs).

      Continuing the chair theme, arguing for copyright today as the only way for an idea to benefit it's creator and society as a whole works on the assumption that:

      - There are a limited amount of asses on planet earth for chairs to sit on, and that my selling or giving a chair to someone prevents you from doing the same thing.
      - Creators will not make new chairs unless they can get a monopoly on a particular kind of chair they make.
      - Customers will not demand new kinds of chairs based on changes to their environment or simple novelty.
      - Preventing means of distribution that involve a marginal cost of zero will create and distribute more chairs than allowing people to do what they want with the chairs that they have already purchased.

      If this entire post seems like an excerpt from Bob Vila Making Chairs in Wonderland, it's because justifying IP today really is mad as a hatter.

    106. Re:10 Years, not Infinity+ years by Neptunes_Trident · · Score: 1

      Copyright act of 1790. http://en.wikipedia.org/wiki/Copyright_Act_of_1790 I completely agree that these "current laws" on copyright hurt the general growth of our culture. In the end they hurt and hinder more than just our economy, they hurt and hinder our very essence of happiness, creativity, sharing. These laws are life numbing and limit our human senses in its basic form, more than one would suspect. It always amazes me how people don't figure this out until they have to live with these ridiculous laws for x amount of time, then ultimately lose money, and then they finally give a damn. Selfish, shameful world. Just look at the history books. I sure as hell hope we get it right this time round, ffs.

    107. Re:10 Years, not Infinity+ years by Anonymous Coward · · Score: 0

      I disagree with the idea that no IP would cause people to stop using their head. I think what we'd see is a shift from big research projects to micro research projects.

      I am going to make the assumption that if you are coping an idea that you're not the first to market. If you're not the first to market then you product has to be better to convince people to buy it. The improvement could be minor (how can I make this for a few pennies less), it just has to be enough to convince people to buy your product over the established one.

      You're incentive now is not to come up with a completely new mp3 player, but to make just a slightly better iPod. At the same time Apple also has to keep improving, otherwise they know someone else will take their market share. (Although, the incentive to make the iPod in the first place would be lower. But if there is a market, it will be made.)

      Without IP laws, inventions become less drastic in nature and more evolutionary. Small changes will become the norm. Over time these small changes will result in completely new (and more fit for society) products.

    108. Re:10 Years, not Infinity+ years by stinerman · · Score: 1

      Actually, the implied goal is to provide an incentive for the original invention -- the theory being that no one will create anything without it being protected.

      That's part of it, but not the whole thing.

      Patents are public domain. The idea is that the inventor publishes how his invention works. He then gets a monopoly over its use for a limited time and when that time expires, everyone can use it.

      I love hearing that a process is a "secret, patented" process. Um, last I checked I can look up any patent. Try this one. Doesn't seem very secret to me.

      A large problem with patents with respect to technology (especially software) is that the patents are of such a long term that they are essentially of infinite length. Who the hell would want to use LZW anymore?

    109. Re:10 Years, not Infinity+ years by rtb61 · · Score: 1

      Quite simply patents and copyright should adhere to the law that grants them. The either further the science and arts and should get protection for the investment or they do not further the science and arts and as per the law get no protection. A review board needs to be implemented to ensure all copyrights and patents do in fact achieve the intended goal and where they do not those protections should not be granted and even stripped away.

      --
      Chaos - everything, everywhere, everywhen
    110. Re:10 Years, not Infinity+ years by CesiumFrog · · Score: 1

      Anything that requires physical manufacturing, quality control, and any kind of regulatory oversight can't hope to go from concept to consumer within less than 2 years.

      Which means your industry didn't need IP in the first place, you already have a two year monopoly and a head start for your brand thereafter. (And, if regulatory oversight is really so onerous, just regulate that competitors aren't approved until after you.) I'm more concerned for the useful specialist ebook-author.

    111. Re:10 Years, not Infinity+ years by stinerman · · Score: 1

      So if the property right on my car expired, may anyone take it and make use of it? If so, do they get to assert a right on it? If not, is my car just in the "public domain" and anyone anywhere could use it as they saw fit?

      If two people both want to use my car, who gets to use it?

    112. Re:10 Years, not Infinity+ years by falconwolf · · Score: 1

      Would it kill them to stop receiving royalties on music they made 15 years ago?

      You mean back when they made good music? Who'd buy their new albums then?

      If they can't sell new albums today then they either need to improve or go into a new field of work.

      Falcon

    113. Re:10 Years, not Infinity+ years by Anonymous Coward · · Score: 0

      "Copyright exists from the date of creation in the U.S. and other Berne Convention signatory nations. Further, you cannot register a copyright on an incomplete work."

      Not correct either. Copyright expiry date in the Berne Convention is based on different things, depending on the type of work of art.

      * Death of Author
      * Work of art released to public
      * Making of work of art

      Books fall in the first category unless released anonymously in which case they fall into the second category. This discussion is moot as everything would have to be rewritten if death of author was removed as a criteria. Whatever is practical could be put in place for the new law.

    114. Re:10 Years, not Infinity+ years by Dun+Malg · · Score: 4, Interesting

      someone like that not receiving any royalties (even if they are dead, the royalties being left to whomever they willed it to or whatever) isn't fair.

      I wonder, how many times does it have to be pointed out that the copyright clause isn't about "fair" or authors "getting their due"? It's right there in the bloody constitution. It's about being just enough enticement to encourage people to create these works in the first place so as to enrich the public domain to the maximum degree. If Emily-dang-Dickenson wrote 1800 poems without making money off but a few, then obviously the enticement was adequate.

      --
      If a job's not worth doing, it's not worth doing right.
    115. Re:10 Years, not Infinity+ years by Anonymous Coward · · Score: 0

      Killing someone (a criminal offence) to avoid a civil crime? that doesnt make sense

    116. Re:10 Years, not Infinity+ years by Miamicanes · · Score: 1

      IMHO, the best compromise would be to enable people who actively care about maintaining their copyright to do so forever, but ensure that anything that gets forgotten about quickly, unambiguously, and permanently falls out of copyright.

      Example:

      1. All works are automatically protected by copyright for one year from the moment of their creation. The creator doesn't have to DO anything to enjoy this first year of protection. By the same token, if you stumble across something that you want to use commercially, but have no idea who owns it (or whether it's copyrighted at all), you could get it timestamped and notarized, then sit on it for a year and proceed to step 2.

      2. At any point before the first year ends, the work can be formally copyrighted for 5 years. Registration requires the online submission of the proper form, nominal fee, and searchable digital copy of the work. For things like books/stories/poetry/etc, this means the extracted text, so that someone who comes across your work in the future and makes a good-faith effort to determine its ownership can go to the copyright office's website, begin entering a sample of text from it, and quickly narrow it down to a few possibilities. For images, this means a high-res copy in jpeg form. For movies, this means a copy that's at least as good as the best copy that gets distributed commercially. Furthermore, like music, there's a split between the work and its physical expression. If you write a story, then I license the rights to publish it, you'd copyright the story, and I'd copyright its exact typeset presentation. If you allow the copyright to lapse, I can still renew the copyright on my expression of it... meaning anyone can typeset/format their own copy of it, but someone who tries to literally tweak and redistribute MY copy can be sued.

      3. At least 4, but fewer than 5, years after a work is copyrighted, its registration can be renewed for another 20 years for approximately $100. The copyright holder has a one year grace period during year 6 to renew if he/she fails to do so before year 5 ends. HOWEVER, during that year, the work is subject to compulsory licensing as long as the licensee can prove that he or she made a good-faith effort to determine its copyright status, and discovered that it had, in fact, fallen out of copyright.

      4. Beyond year 25, copyright must be renewed during each 10th anniversary year (no sooner, no later), at rates that double for each 10-year renewal based upon the current year's fee for the first 20-year extension. So, if the first 20-year renewal costs $100, and the fee goes unchanged, it costs $200 for years 26-35, $400 for years 36-45, $800 for years 46-55, $1600 for years 56-65, $3200 for years 66-75, $6400 for years 76-85, $12800 for years 96-105, and so on. By year 155, it would cost Disney $409600... assuming of course that it still cost $100 to register that first 20-year extension.

      By year 200, not even DISNEY would find it likely to be be worthwhile to keep extending Steamboat Willie's copyright. Most low-value content would fall out of copyright within 5 years. As a practical matter, I'd expect just about everything to fall out of copyright after 45-75 years. In theory, big media syndicates could buy up old copyrights for a pittance and renew them for a few more decades, but at some point even those syndicates are going to face the reality that the don't have the cash flow to renew millions of copyrights forever... if the transaction costs of hiring/paying armies of people to oversee the actual work didn't deter them, the perpetually-doubling renewal fees eventually WOULD.

      Another key element I alluded to earlier is a requirement that works be submitted in digitally-indexable form. The idea is to make it cheap and easy for anyone to make a good-faith effort to determine copyright status and attempt to license it, but simultaneously leave a clear legal path for the use of "orphaned" works. Say, by payment into escrow of nominal compulsory licensing fees upon demonstration that a work'

    117. Re:10 Years, not Infinity+ years by falconwolf · · Score: 0

      The life because, well, an author should be able to control his works while still living.

      So if I build and sell a home I should be able to control it while I still live?

      Falcon

    118. Re:10 Years, not Infinity+ years by Ashriel · · Score: 1

      The counter argument is that the wealthy will not work as hard to produce during their lifetimes if they are not able to leave their estates to their children upon death.

      Wealthy people produce things? I thought they just created capitalist empires designed to milk common laborers (the people actually producing goods and services) as much as possible, and transfer the proceeds to themselves and their families.

      You mean, they'd do less of that with restricted inheritance laws? Sounds more like an ironclad argument for capped inheritance to me.

      The only question here that I have is, if inheritance is capped, where does that extra capital go? To the government? No way - I'd rather have it go to a bunch of lazy rotten brats than a bunch of lazy rotten imbeciles. Now, if it were redistributed to everyone they directly or indirectly employed, I could get behind that. Or even to non-denominational charity, or a charity or non-profit organization stipulated in the person's will.

    119. Re:10 Years, not Infinity+ years by Dun+Malg · · Score: 1

      When you get your big break and your work finally has some real dollar value, should large corporates be entitled to move in and use your work for free?

      We should all be entitled to use the work for free. Copyright isn't about securing a living for creative folks, it's about giving them a time limited incentive to create, at the end of which, the work adds to the public domain. If you leave that last bit off, the entire freakin' purpose of the copyright clause is being omitted.

      --
      If a job's not worth doing, it's not worth doing right.
    120. Re:10 Years, not Infinity+ years by Tubal-Cain · · Score: 2

      ...but the majority of bands have decided they'd rather get paid if they can.

      The majority of albums aren't still popular 40 years later like Elvis is. Most will be dead (as a cash cow) before a 7-14 year copyright expires. Microprose isn't making much money off of Civilization 2 anymore.

      So if the majority of bands have already made a decision not to release to the public domain, what makes you so sure they'll continue making music if you force them to release to the public domain?

      They have decided to release to the public domain, because they didn't lock the recording in a vault for the rest of eternity. All works (theoretically) enter the public domain eventually. It is only a question of when. StarCraft, in it's current form, will be very long in the tooth when it's source code becomes available to my great-great-grandchildren in 2073 (!), but an opensource-like project could keep it alive in one form or another through porting, new/improved graphics, and AI enhancement...

    121. Re:10 Years, not Infinity+ years by xero314 · · Score: 1

      I'd rather have businesses compeat to stay in business instead of having a monopoly of unlimited duration.

      The problem with that is you are trading limited monopoly for indefinite monopoly. Without some sort of protection you risk there being no way for a new business, with little capital, to bring a significant idea to production.

      Patents certainly don't "retard progress" anymore than allowing individuals to control and monopolize resources and capital. And Copyrights don't retard progress at all, if anything they promote it since it means someone would have to create something new and not just copy someone else's idea. Remember that, unlike patents, you can't copyright something that does not yet exist.

    122. Re:10 Years, not Infinity+ years by caitsith01 · · Score: 1

      Ok. This is an argument I have used myself in debates (I go for the "infinite Ferraris for free" variant).

      So if we accept that creators will make new chairs even if they don't have a monopoly on a particular kind of chair they make, I have a question for you: why do you need to take a copy of the chair from the guy who would prefer that you not copy his chair? Why can't you just copy your chair from one of these people who will apparently happily churn out chair designs for you to use as you see fit?

      And, in fact, where are all of these chair makers? In music terms, other than Radiohead and Nine Inch Nails, where are the "chair makers" who are happy to create high quality IP and have it distributed for no fee?

      The easiest way to defeat the copyright system would be to exclusively use and enjoy non-copyright works. So why doesn't this happen? After all, by your reasoning the equivalent quality and quantity stuff will be produced either way.

      Another issue: since when is having "zero marginal cost" associated with more users a reason to conclude that someone should have no ability to exploit that thing for financial gain? Hypothetical: a man opens a zoo. It can cater to 10,000 people per day without costing him any more in overheads. Only about 2,000 people come through each day at the moment. Does this mean that he should be required to let another 8,000 people into his zoo for free each day? After all, there is zero marginal cost for each additional patron. Why shouldn't those 8,000 people see the animals? They're just sitting there whether the people go through or not, after all.

      You could use the same analogy with a half-empty movie theatre, a half-empty concert, a half empty aeroplane...

      --
      Read Pynchon.
    123. Re:10 Years, not Infinity+ years by falconwolf · · Score: 1

      If your work has value, then make some more and sell it.

      This is a remarkably stupid way of thinking about creative work.

      What's remarkably stupid is allowing a 1 hot wonder to sit on their laurels the rest of their life. If they can't create more that people are willing to pay for then they need to get into a field people will be willing to pay them for. A short copyright term, like 14 years, should provide enough tyme to make money.

      Falcon

    124. Re:10 Years, not Infinity+ years by xero314 · · Score: 1

      My point was that there is no reason to treat intellectual property and physical property differently. Simply the fact that something is easy to copy doesn't mean it should be allowed to be done freely. Now I'm all for making all things, be they ideas, or physical items, public domain, but it should be a unilateral right. There is no reason that builders should benefit over thinkers.

      Now if you read my other comments you will see that I proposed the rule that you have full domain of property as long as you are actively using it. So applied to our IP laws it would mean that you can maintain IP rights as long as you are using the IP, such as producing a product, or performing an art work, or publishing a book. When applied to your car analogy it would me the car is yours as long as you are driving it, but once you get out and go into a store anyone can freely use the vehicle, just as you could do the same when you come back out of the store.

      There is just no reason for the amount of wasted resources we have because people have artificially enforced right to horde those resources, including capital.

    125. Re:10 Years, not Infinity+ years by Verity_Crux · · Score: 1

      if an individual can't get a patent, then the only ones getting them are the huge corporations

      That's not true. To clarify, I think it would be valuable for a individual to register a sole-proprietorship-type business and then put his patent in his business name. I intended for individuals to acquire patents using this mechanism.

    126. Re:10 Years, not Infinity+ years by caitsith01 · · Score: 1

      Yes, but we won't all be in a position to mass produce, distribute and market the work in question, and to make a profit because people want the original work but will still purchase a specific article embodying a copy of the work in order to experience it.

      Copyright is about securing a living for creative "folks", and thereby giving them an incentive to create. It's exactly what it was originally designed for - there was a view that many authors of great books had suffered material hardship because their dedication to writing had prevented them from making a living, and that they should be given some way to make a living so that writing books was less of a burden.

      From the Statute of Anne:

      Whereas Printers, Booksellers, and other
      Persons, have of late frequently taken
      the Liberty of Printing, Reprinting,
      and Publishing, or causing to be Print-
      ed, Reprinted, and Published Books,
      and other Writings, without the Con-
      sent of the Authors or Proprietors of
      such Books and Writings, to their
      very great Detriment, and too often
      to the Ruin of them and their Fami-
      lies
      : For Preventing therefore such
      Practices for the future, and for the
      Encouragement of Learned Men to Compose and Write use-
      ful Books;

      --
      Read Pynchon.
    127. Re:10 Years, not Infinity+ years by ScentCone · · Score: 1

      Without registering a copyright however the most you can get is a cease and desist order. The only way for you to collect damages is by registering for a copyright.

      No. Without registering the material, the most you can get is what you'd normally get. If you have it registered, you can also seek punitive damages through federal courts. So, if you're an amateur that doesn't normally charge for your photographs, then you will indeed be hard pressed to get much more than a C&D. But if you can show that you've commanded $X for similar works in the past, then you can get that from an infringer, whether or not you've registered the work.

      --
      Don't disappoint your bird dog. Go to the range.
    128. Re:10 Years, not Infinity+ years by caitsith01 · · Score: 1

      Doh! Copyright ALREADY starts from the date of registration. And if you aren't registering your copyrights, then you don't care about the commercial value to begin with.

      Ah, the sweet, undeniable evidence that you don't know anything about copyright, which was already fairly apparent from your rantings in other comments...

      --
      Read Pynchon.
    129. Re:10 Years, not Infinity+ years by caitsith01 · · Score: 1

      The same reason you can use ideas that you've heard elsewhere and repeat them verbatim or modify them based on other ideas that you've heard/read or thought up. All without paying someone for the use of an idea that they "came up with". How on earth can we have conversations if people that come up with ideas aren't paid a licensing fee each time they're used?

      Actually, if you repeat them verbatim you may be infringing copyright. If you use only the concepts and ideas, you will not be. So by all means, go ahead and use the ideas you got from listening to a Pink Floyd album.

      I suggest you read up on the idea/expression dichotomy.

      --
      Read Pynchon.
    130. Re:10 Years, not Infinity+ years by Wolfbone · · Score: 1

      in fact, it would make people stop using their heads... Without a patent, everyone would just use the 1st method and nobody would want to improve upon it.

      Nonsense.

    131. Re:10 Years, not Infinity+ years by Theaetetus · · Score: 1

      That's not true. To clarify, I think it would be valuable for a individual to register a sole-proprietorship-type business and then put his patent in his business name. I intended for individuals to acquire patents using this mechanism.

      ... so what you're saying is that you don't understand how business law works?

      Seriously, you're saying you don't want an individual to be able to get a patent, you want only sole-proprietorship businesses to be able? Not corporations, not LLPs, but basically only d/b/a's?

      Anyways, I'm backing out of this thread of the conversation, 'cause you're in woo-woo land at this point, and your proposal doesn't seem to have any relationship to the story, patent or copyright law, business law, or any of the themes behind them.

    132. Re:10 Years, not Infinity+ years by falconwolf · · Score: 1

      in some industries it may take much longer than 5 years to research and develop the idea - pharmaceuticals take 10-15 years to go from lab to market, due to all the human trials they have to run. The patent would be expired before the thing even got off the bench in a 5 year term...

      I think that's pretty easy to remedy, have the patent term start when a drug is released. Oh, and since you brought up pharmaceuticals do you know that "Big Pharma Spends More On Advertising Than Research And Development"? Here's a proposed "alternative to pharmaceutical patents".

      Falcon

    133. Re:10 Years, not Infinity+ years by Anonymous Coward · · Score: 0

      Of course my spouse and kids should benefit from my work.

      If copyright were a much shorter fixed length they would still benefit from your work.

      Copyright is supposed to encourage you to create more work. Giving your spose & kids a free ride doesn't do this.

    134. Re:10 Years, not Infinity+ years by Chandon+Seldon · · Score: 1

      Without some sort of protection you risk there being no way for a new business, with little capital, to bring a significant idea to production.

      This is the urban legend that copyright / patent proponents keep talking about, but it simply doesn't reflect reality. Getting into a new market takes a bunch of effort, and revolutionary ideas usually seem foolish to established players, so if you actually have a new good idea you've basically got nothing to worry about from anyone else until you've become established.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    135. Re:10 Years, not Infinity+ years by drinkypoo · · Score: 1

      Copyright is about securing a living for creative "folks", and thereby giving them an incentive to create.

      No, it isn't.

      From the Statute of Anne:

      As soon as you can quote the statute of Anne in a modern court and have it mean something (hint: you cannot) then you can quote it here.

      Until then, realize that Copyright law as we know it today was instituted to create incentive to submit works to an official library for archival purposes, so that your work would not be lost, and that you do not have the right to profit.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    136. Re:10 Years, not Infinity+ years by falconwolf · · Score: 1

      But what about, say, an author. He writes a novel today which is published in limited circulation and does moderately well. In 2015 he publishes another novel, which through a combination of quality, good timing and strong support from his publisher turns into a big hit and gets rave reviews. Suddenly some of the reviewers start reading his first novel, and realise that it's actually even better than the second one.

      So, on your theory, his publisher is now entitled to make millions selling physical copies of his first novel (for people will surely still buy physical books, no matter how great the Kindle or whatever becomes) while the author gets nothing for his "imaginary" property.

      If the publisher "is entitled" to print more copies of the first novel, so are other publishers. One of those others could make a deal with the author to sign the books they print. People do pay extra for signed books.

      Falcon

    137. Re:10 Years, not Infinity+ years by Theaetetus · · Score: 1

      Here's a proposed "alternative to pharmaceutical patents".

      That proposed alternative boils down to "the government should pay for all of the research necessary - after all, the government (here in Europe) already pays through universal health care, and look at all the great drugs".

      Problem is, it neglects to realize the number of drugs invented in the US as opposed to Europe. Most of them are invented here. So unless you're suggesting that the US government not only provide universal health care, but also pay significantly higher rates than Europe does, the amount of drug research worldwide would decline. A lot.

    138. Re:10 Years, not Infinity+ years by Ashriel · · Score: 1

      I don't know. Why do you work to acquire money (assuming you do)? After all, it's just an artificial creation of society, with no intrinsic value. Therefore, I assume you have no objection if society caps your wealth at a level which will make you reasonably comfortable, and takes the rest? Come on, fair's fair, those pieces of paper had no value until the government declared that they did.

      Sure, go ahead. I don't even need a government that sets caps and takes the rest. Whenever I have anything in excess of what I need, the first thing I do is look for people to give it to. I call it called leading by example.

    139. Re:10 Years, not Infinity+ years by Chandon+Seldon · · Score: 1

      The practice of expecting that a person's possessions go to their family and/or friends when they die is older than human civilization. It's what will happen by default unless society interferes and confiscates things. In contrast, with copyright it's every single other person in society who's being imposed on and having their ability to use their possessions constrained.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    140. Re:10 Years, not Infinity+ years by falconwolf · · Score: 1

      You might argue that they work for society because society created the legal rights they have in their work in the first place. But on the other hand, if there were no copyright at all, maybe they would never have gotten as far as Dark Side of the Moon...

      Where did GP say there should be no copyrights?

      Falcon

    141. Re:10 Years, not Infinity+ years by Rolgar · · Score: 1

      The benefit to the patent holder is supposed to be a head start in the market by allowing them to establish name recognition and other first mover advantages, not to milk customers in a non-competitive market for near forever. When the country began, it took much longer to develop and execute a plan to enter the market. Now days, if you can't get your foothold in a year or two, you never will. If fewer companies see shorter patents worth applying for, all the better.

    142. Re:10 Years, not Infinity+ years by caitsith01 · · Score: 2

      Copyright law as we know it today was instituted to create incentive to submit works to an official library for archival purposes, so that your work would not be lost, and that you do not have the right to profit

      (a) You're American I assume, modern copyright has varying origins not all of them from the USA

      (b) I'd love to see a source for this assertion anyway

      --
      Read Pynchon.
    143. Re:10 Years, not Infinity+ years by Chandon+Seldon · · Score: 2, Insightful

      So if I write the next Da Vinci Code, get published, then die in a car crash the next day, my wife and kids shouldn't get anything?

      You should get paid if you're working. That's how it works for everyone else. Authors and musicians aren't special.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    144. Re:10 Years, not Infinity+ years by falconwolf · · Score: 1

      I'd rather have businesses compeat to stay in business instead of having a monopoly of unlimited duration.

      The problem with that is you are trading limited monopoly for indefinite monopoly. Without some sort of protection you risk there being no way for a new business, with little capital, to bring a significant idea to production.

      I see you leave out a big part of what I said, about trademarks, perhaps to mislead? Trademarks can potentially last forever. In my post you replied to, or anywhere else in this thread, I never did say there shouldn't be patents. What I did say is that they should not be of unlimited duration.

      Falcon

    145. Re:10 Years, not Infinity+ years by gandhi_2 · · Score: 1

      15 years

      back when they made good music?

      Cobain died in 1994. The halcyon days of the grunge era were closing. Normal rock had replaced Pete Frampton as the music people ignored. That left: Notorious PIG, Outkast, Snoop Dogg, Method Man, Warren G. And while Snoop, it can be argued, left a lasting impression on the artistic scene...you'd be hard pressed to find this era as romantically called "good", musically.

    146. Re:10 Years, not Infinity+ years by MobileTatsu-NJG · · Score: 1

      What I dont get is why your son needs to be rewarded for you working in the first place. ... Are the children of copyright owners incapable of working like everyone else has to?

      The dude's work is still generating revenue. Why should the publisher get all of it when the original authoer's effort made its value last that long?

      There's a reason it's not treated like everything else, it's NOT like everything else.

      --

      "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

    147. Re:10 Years, not Infinity+ years by Ashriel · · Score: 2, Interesting

      If content creators are creating content with only profit in mind, then we don't need their crappy content.

      Less new content is not necessarily a bad thing - the end result is more time to contemplate that which has already been made, and a lot less profit for artistic industry (art is never something one should endeavor to industrialize).

      I know we live in a "Ooh! Shiny! New!" culture, but have you ever considered that maybe that isn't entirely a good thing?

    148. Re:10 Years, not Infinity+ years by Libertarian001 · · Score: 1

      And why do you place more value on the creative works of an author (or any other content creator) over what everyone else goes through? Most of us (in the US) work 2000 hours in a year and sometimes (a lot) more. We don't get residual income from our labors. What's so special about an author's works that they should? My stance could easily be seen to be of the "we don't, so why should they" variety and that's not the case. What I want to know is what is it that makes a creative work so much better or more valuable than the labors of everyone else. Why do content creators have this sense of entitlement?

    149. Re:10 Years, not Infinity+ years by Anonymous Coward · · Score: 0

      corsec67 wrote: "More than an authors life is excessive."

      So, if I write a book today to earn money to feed my family, then I die next week, the book should go public domain and "screw your family you greedy dead bastard?"

      I'm disinclined to agree with your ill-thought-out logic.

    150. Re:10 Years, not Infinity+ years by Anonymous Coward · · Score: 0

      What I dont get is why your son needs to be rewarded for you working in the first place.
      Outside of world leaders & royalty, no other profession gets a free pass for their children.
      Are the children of copyright owners incapable of working like everyone else has to?

      (not directed at you but at copyright holders)

      Aren't all of our children rewarded for our work? Am I missing something? Don't you support your children?

      Anyway, here's how I feel about copyright: If I make something, it's mine. You have no legal or moral right to it. Now, if the government forces me to give up my rights to it after 75 years, fine, I'm not happy about it, but there's nothing I can do about it.

      Here's another thing to think about copyright: Let's say you have a strong stance on something like abortion; you're totally and adamantly AGAINST it. Would you want a song that you wrote used in a commercial for an abortion clinic?

    151. Re:10 Years, not Infinity+ years by falconwolf · · Score: 1

      Without registering a copyright however the most you can get is a cease and desist order. The only way for you to collect damages is by registering for a copyright.

      No. Without registering the material, the most you can get is what you'd normally get.

      Registration: As a general rule, registration is not required to protect a work. [ 17 U.S.C.A. 408.] Under the Copyright Act, however, registration is a prerequisite for commencing an infringement action. [ 17 U.S.C.A. 411.] Moreover, registration of a work is desirable because if a work is registered "...before or within five years... [the certificate of registration] shall constitute prima facie evidence [ "A prima facie case consists of sufficient evidence in the type of case to get plaintiff past a motion for directed verdict in a jury case or motion to dismiss in a non jury case; it is the evidence necessary to require a defendant to proceed with his case." Black's Law Dictionary 1190 (6th Ed. 1993)] of the validity of the copyright and of the facts stated in the certificate...." [ 17 U.S.C.A. 410(c).] In addition, statutory damages and attorney's fees only will be granted only if a timely registration has been made. [ 17 U.S.C.A. 412.]

      Falcon

    152. Re:10 Years, not Infinity+ years by falconwolf · · Score: 1

      I don't think an individual should be able to get a patent; if they aren't planning to make money on it,

      Individuals not soul-less corporations are the inventors. And individuals can and do start their own businesses.

      Falcon

    153. Re:10 Years, not Infinity+ years by Anonymous Coward · · Score: 0

      If it takes you more than 10 years (off the top of my head) to create something else that people are willing to pay for then you should find yourself a new career.

      It quite often takes longer for a movie to get made (from the point where the first draft of the script is written). Ten years wouldn't work. Now, you say, "fine, then make it twenty years." Well now you only have 10 years to make the film and earn all of your money back. Some films can do this, most can't. What's the benefit to a shorter copyright? So you can get it free? Well screw you.

    154. Re:10 Years, not Infinity+ years by Anonymous Coward · · Score: 0

      So did Steve Wozniak. Why doesn't he get to milk the Apple ][ for the rest of his life?

      Well, he does. He can do nothing for the rest of his life if he wants. In fact, his children could probably live comfortably off the Apple ][ inheritance.

      Now tell me, why is it okay for Steve Wozniak to be a "one-hit wonder" but not okay for an artist to be one? Just because computers sell faster than books?

    155. Re:10 Years, not Infinity+ years by marco.antonio.costa · · Score: 1

      So I suppose all inventions and creative works before the patent system was implemented were all freak accidents in your view?

      It is not because of the patent system that people use their heads. They use their heads to gain a competitive advantage, which they seek whether or not they are granted a monopoly.

      If someone has a patent on the '1st method' you CAN'T improve on it, unless you want the original patent holder to own your improvement too. And since the owner of a patent enjoys a monopoly he has no incentive to improve on it so a patent is effectively a 'time out' on technological development as long as it is valid.

      This excerpt from the 1st Chapter of Mr. Boldrin's book is a very compelling example of how patents stifle innovation instead of promoting it.

      --
      Send your spendthrift head of state this
    156. Re:10 Years, not Infinity+ years by westlake · · Score: 1
      What I dont get is why your son needs to be rewarded for you working in the first place.

      I'll take it that you haven't received so much as dime from the estates of your parents or grandparents - and would have refused it, if offered.

      The creative artist's body of work is often his only significant asset.

      So tell me why rights in his intangible property should be extinguished on his death when rights in his real property are not?

    157. Re:10 Years, not Infinity+ years by falconwolf · · Score: 1

      I would argue that the copyright duration should be dependent upon the amount of risk the creator or creators had to take on in order to create the work. Thus, a photograph's copyright might last only five years because it takes a fairly short amount of time to create it and the risk is thus relatively low.

      You've never seen photos combat and wildlife photographers took have you? It doesn't matter what you're using to shoot in combat, using a camera can get you just as dead as shooting a rifle. And using a camera can decidedly be more dangerous than using a rifle to shoot wildlife.

      Good cameras are also expensive. A Canon EOS-1Ds Mark III cost $8000. A Mamiya RZ67 Pro IID film camera cost at least $2000, a digital back for it will set you back several thousand dollars more.

      You may be asking why a movie deserves less protection than a novel. Several reasons. First, having created both, I find that it's a lot harder to write a novel than to write a screenplay.

      For others it's the opposite, it's easier for some to write novels than movies. Fact is is different types of writing are easier for some than for others. Robert Ludlum wrote 25 novels but only a few were made into movies, and the scripts for those were probably written by script writers.

      Falcon

    158. Re:10 Years, not Infinity+ years by Anonymous Coward · · Score: 0

      "Without a patent, everyone would just use the 1st method and nobody would want to improve upon it."

      Think about what you wrote. Your statement is completely ridiculous. I don't even know where to start to explain how wrong you are. If you really believe that statement to be true, I can only imagine you being a machine, nothing more. Humans grow, machines just repeat.

    159. Re:10 Years, not Infinity+ years by Fastball · · Score: 1

      Agreed. The Copyright Clause says "promote." Not "perpetuate." Too many interpret it as the latter at the expense of the former.

    160. Re:10 Years, not Infinity+ years by kaizokuace · · Score: 1

      also, having a shorter patent term will encourage the patent holder to bring the product to market faster before they lose their patent privileges. This is better for society since innovation will happen at a quicker pace because it has to.

      --
      Balderdash!
    161. Re:10 Years, not Infinity+ years by Anonymous Coward · · Score: 0

      And that's why they need a modicum of protection. "Tough shit, art isn't worth that much to people" isn't an answer.

    162. Re:10 Years, not Infinity+ years by Jah-Wren+Ryel · · Score: 0, Troll

      Ohhh! So now YOU are deciding when "they" have made enough money. Gee, what a hypocrite.

      No, I am suggesting an amount of time which would give someone a reasonable opportunity to exploit their own work

      What you wrote has EXACTLY the same meaning as what I wrote. Quit fooling yourself.

      Apparently you regard the service of printing and distributing a book to be far more valuable than the service of actually creating the words which go into that book.

      Yes I do. Creation only needs to be done once, printing and distribution costs money for every single physical copy printed and distributed. Oh wait, "the calculus of supply and demand" does not apply. I should have remembered...

      --
      When information is power, privacy is freedom.
    163. Re:10 Years, not Infinity+ years by darthvader100 · · Score: 1

      It should be 10-15 years. 10 years would mean that as the last harry potter book was printed, so the first would be going out of copyright. Seems balanced. 15 would allow rowling's sequels as well. Vote for 10-15 year copyright

    164. Re:10 Years, not Infinity+ years by purpledinoz · · Score: 1

      This is a symptom of a broader problem in America. Lobbyists have too much clout in Washington. Corporations hire most of the lobbyists. Thus laws are made to benefit the corporations, which more often than not screws the average American. The founding fathers tried their best to design a system to keep power out of the hands of just a few, but that's exactly what's happening. The worst part is that most Americans are completely oblivious to it. The average American income has actually gone down since the 1970s. All the improvements in productivity has benefited only the most wealthy. Anyway, that's the end of my rant.

    165. Re:10 Years, not Infinity+ years by Jah-Wren+Ryel · · Score: 1

      And that's why they need a modicum of protection. "Tough shit, art isn't worth that much to people" isn't an answer.

      Gee, "tough shit" is EXACTLY the way the rest of us get along.
      Most people spend years developing the skills, contacts and reputation to become financially successful at their craft.
      If they never achieve success, then its tough shit for them too.

      Why do we need this behemoth of unenforceable laws to bouy a class of workers in the off chance that they will produce a single-one off masterpiece?

      Maybe the reason JD Salinger only produced one good book is because the royalties on that one book were enough of a disincentive to "waste" more time and effort on a second one...

      --
      When information is power, privacy is freedom.
    166. Re:10 Years, not Infinity+ years by purpledinoz · · Score: 1

      The patent system needs some serious reform though. Patents right now are used like nuclear missiles. Huge corporations, like IBM, just build a giant war chest of patents. Otherwise, their patent holding competitors would just sue them into oblivion. The reason why NVidia and ATI never got into a patent war is that they both have massive amounts of patents, and both are most definitely violating each others patents. If one side started a patent war the other side would counter sue. It would be mutually assured destruction via litigation costs.

    167. Re:10 Years, not Infinity+ years by Jah-Wren+Ryel · · Score: 1

      Now tell me, why is it okay for Steve Wozniak to be a "one-hit wonder" but not okay for an artist to be one? Just because computers sell faster than books?

      Lol, computers DO not sell faster than books. They just cost less, because they provide less value.
      Retail bookstores do roughly 16B in new sales each year, in the USA alone.
      Assuming an average selling price of $30 per book, that's over 500 million books each year.
      http://news.bookweb.org/news/4131.html

      While only about 250 million PCs were sold during all of the 20 years from 1981 to 2000, long after the Apple II stopped generating any revenue.
      http://www.c-i-a.com/pr0806.htm

      --
      When information is power, privacy is freedom.
    168. Re:10 Years, not Infinity+ years by Jah-Wren+Ryel · · Score: 1

      (a) You're American I assume, modern copyright has varying origins not all of them from the USA

      Lawyers for US corps have written all recent amendments to your copyright laws. Hence modern copyright pretty much does originate from the USA, at least in australia.

      --
      When information is power, privacy is freedom.
    169. Re:10 Years, not Infinity+ years by gnasher719 · · Score: 5, Insightful

      The benefit to the patent holder is supposed to be a head start in the market by allowing them to establish name recognition and other first mover advantages, not to milk customers in a non-competitive market for near forever. When the country began, it took much longer to develop and execute a plan to enter the market. Now days, if you can't get your foothold in a year or two, you never will. If fewer companies see shorter patents worth applying for, all the better.

      There isn't supposed to be any advantage for the inventor. An inventor used to be free to keep his invention secret, and milk it for all it is worth. You are absolutely free to make an invention, don't show it to anyone, and turn it into products making tons of money forever because nobody is capable of reproducing it. Patents are a bargain that the government allows you to make: You publish your invention, so that the world can learn from it and improve the state of art instead of it being away, and as exchange for that information, you get a limited monopoly.

      That exchange doesn't work anymore. If you look at patent applications, what the patent applicant publishes will usually not give anything of use to the world, so giving him a limited monopoly in exchange for useless information is pointless.

      What the patent examiners should really decide is: Does the publication of this patent benefit society in a sufficient way to justify giving the applicant a limited monopoly? If not, they should tell the applicant: Go away. Do with your invention whatever you like. Keep it secret, hide it away, we don't care.

    170. Re:10 Years, not Infinity+ years by Kirth · · Score: 1

      Dead authors, musicians, artists, etc don't see any benefit from it - they're dead.

      "And you will find that, in attempting to impose unreasonable restraints on the reprinting of the works of the dead, you have, to a great extent, annulled those restraints which now prevent men from pillaging and defrauding the living" -- Thomas Babbington Macaulay, 1841

      --
      "The more prohibitions there are, The poorer the people will be" -- Lao Tse
    171. Re:10 Years, not Infinity+ years by Aceticon · · Score: 1

      Here's a nice one that should hammer down the point on how exactly all of us break copyright laws all the time and how our lives would be affected if copyright laws were fully enforced:

      - Do you ever tell jokes?
      - Are they all made up on the spot by you? I bet they're not.
      - Do you repeat jokes you heard from others? According to the law, you're breaking the joke's "inventor" copyright: unlicensed distribution - have you paid for it?
      - Do you make up jokes based on other jokes you heard? According to the law, you're breaking the original joke's "inventor" copyright: unlicensed distribution of a derivative work - have you paid for it?

      Consider for a moment that if copyright was fully enforced (as is being tried on the Internet at the moment) people would be forced to pay somebody (or at least seek authorization) if they wanted to repeat a joke ...

    172. Re:10 Years, not Infinity+ years by cliffski · · Score: 1

      Interesting.
      When my dad dies, I'll inherit his house. As a result, I don't work too hard because I can sit on kmy fat ass knowing I'll be mortgage free when the old man kicks the bucket.
      In fact, a huge chunk of people all over the western world live under, and support the same system.
      And there, the property doesn't expire EVER.
      But strangely, this is ok? Could it be because YOU might benefit from inheritance it's ok, but because YOU don't benefit from royalties, they are 'teh evil'?

      --
      DRM-free indie games for the PC and Mac: Positech Games
    173. Re:10 Years, not Infinity+ years by Anonymous Coward · · Score: 0

      So if I write the next Da Vinci Code, get published, then die in a car crash the next day, my wife and kids shouldn't get anything?

      Yes, that's the default, your kids nothing and your wife everything.

    174. Re:10 Years, not Infinity+ years by stephanruby · · Score: 1

      So if I write the next Da Vinci Code, get published, then die in a car crash the next day, my wife and kids shouldn't get anything?

      Yes, that's the way the law would be written, if God had any say in it.

    175. Re:10 Years, not Infinity+ years by cliffski · · Score: 1

      you have hit upon the crux of the issue.
      People here are trying to find any bullshit rationalisation that lets them take copyrighted material for free. This argument about copyright terms is silliness.
      If I can just write a new version of Star Wars, without fear of copyright infringement, why would I NOT do that? It has brand recognition, and people already know the back story.
      But with copyright, I have to actually *SHOCK HORROR* invent a new story and characters.
      Thats GOOD for the creation of new stories and ideas.
      Why can't people understand this?
      Would you prefer that the Rolling Stones wrote their own music, or that they just did Beatles cover tunes all their career?

      --
      DRM-free indie games for the PC and Mac: Positech Games
    176. Re:10 Years, not Infinity+ years by cliffski · · Score: 1

      Wow, your disdain for anyone who actually creates something is pretty insulting.
      It seems that anyone who creates something that entertains you does not have a 'real job'.
      And people like you wonder why copyright holders treat the anti-copyright movement the way they do.

      if what we do is so easy, YOU DO IT.
      seriously, stop torrenting everyone else's movies and go film your own. Its not a real job, so it must be fucking easy right?

      --
      DRM-free indie games for the PC and Mac: Positech Games
    177. Re:10 Years, not Infinity+ years by cliffski · · Score: 1

      wow.
      So ever piece of content you have ever enjoyed was only made by people who did it purely for the love?

      Did that include the set designers on the movies? The sound engineer? The catering staff for the location shots? the mail room guys? the continuity girl?

      Really?

      You must spend ages vetting movies before selecting what you find entertaining.
      Personally, I don't give a fuck if the guys making movies I love are cynical money-grabbing scum. As long as I find pleasure from watching their movies, why would I give a damn?
      You don't care if your cheese sandwich was a labour of money or love, so why is it magically true of a TV drama?

      --
      DRM-free indie games for the PC and Mac: Positech Games
    178. Re:10 Years, not Infinity+ years by richie2000 · · Score: 1

      Copyright already, inherently and by design, only protects published works. Lowering the terms would not change that.

      I know that Berne says "creation", but if you write something and keep the single copy locked away in a safe, copyright can not in any meaningful way be applied to that work until it's published, in which case your copyright runs until your death + 75 years (this number may differ slightly in different jurisdictions, but 75 is the most common). The publisher's copyright (P) runs for a number of years after publication, typically 50-75 years.

      In no case are the terms tied to the date of creation.

      Your proposed scheme is fairly close to the way things worked in the US until 1974, or what the Creative Commons refers to as the "Founder's Copyright". It worked rather well, and is one of the few things I would have loved to see the US export to the rest of the world...

      --
      Money for nothing, pix for free
    179. Re:10 Years, not Infinity+ years by Anonymous Coward · · Score: 0

      If it takes you more than 10 years (off the top of my head) to create something else that people are willing to pay for then you should find yourself a new career.

      And that's exactly the argument that "content producers" are going to make, but in favor of extending copyright protections. As you say, those who cannot capitalize on their creations will find new careers, instead of creating more content. End result: less new content.

      I'm all for reducing or eliminating copyright. But, this argument won't convince anyone.

      They may have been able to use that to argue for copyright for the life of the artist, but we're well past that point, now. In fact, that argument would backfire on them, because it'd call into question copyright after death. Why does a dead artist need support for future works?

      Besides that, one could simply counter-argue that lifelong copyright leads to less content because it encourages successful artists to scrap any content they believe fails to live up to their previous content. So in fact, once the pro-extension folks argue that less new content is bad, the natural conclusion is that it's very short copyright terms we want, because that will force artists to release more content so they can continue to eat.

      No arguments are necessary, though. The pro-extension folks already have boatloads of the most effective persuader in the world: money. For the rest of us, they'll just pull our heartstrings ("think of the artists!") and vilify the enemy ("they're hurting the artists!"). Logic will never enter the picture.

    180. Re:10 Years, not Infinity+ years by gnupun · · Score: 1

      Gee, "tough shit" is EXACTLY the way the rest of us get along.

      Well, tough shit for you. Art and other great creative works are hundreds or thousands of times harder to produce than flipping burgers, or else everyone would be doing it. So they should get a greater return on investment than your regular 9-5. Life of author + 25 years is very reasonable.

    181. Re:10 Years, not Infinity+ years by bentcd · · Score: 1

      What about "Life of author or x years, whichever is longer"?

      I find it bizarre, grotesque even, that we should create laws that give a direct economic incentive to the murder of authors.

      --
      sigs are hazardous to your health
    182. Re:10 Years, not Infinity+ years by FatLittleMonkey · · Score: 1

      Why don't we outlaw the wheel, then?

      Then only outlaws will have wheels! Remember, wheels don't wheel people, people do.

      --
      Science is all about firing a drunk pig out of a cannon just to see what happens.
    183. Re:10 Years, not Infinity+ years by MadMidnightBomber · · Score: 1

      usually a proposal needs to pay back and less than 24 months to be considered

      In the US and Europe sure. Which may or may not be the reason e.g. Toyota are kicking the crap out of General Motors right now.

      --
      "It doesn't cost enough, and it makes too much sense."
    184. Re:10 Years, not Infinity+ years by AliasMarlowe · · Score: 1

      So, on your theory, his publisher is now entitled to make millions selling physical copies of his first novel (for people will surely still buy physical books, no matter how great the Kindle or whatever becomes) while the author gets nothing for his "imaginary" property.

      Firstly, since the first novel is in the public domain at the time in question, any publisher can sell physical copies. Each publisher will reap a rather thin profit, as a normal effect of competition. This is as it should be when copyright expires, whatever the term. How many publishers are there for the works of Charles Dickens or William Shakespeare, for instance? To avoid merely competing on price, the publishers of such works try to distinguish their offerings by adding editorial information, such as analyses and explanatory notes, or by accompanying the text with new illustrations etc.

      Secondly, the work is still the property of the author, but is also the property of the rest of society. Only the temporary exclusive privilege granted by copyright has expired, and that privilege has not been given to anyone else. However, the work also remains the author's by attribution: "the author asserts the moral right to be identified as the author of this work" appears with the copyright notice or in the edition notice of many a book. That moral right is perpetual, and enshrined in law in some countries. Anyone can publish the work when it is in the public domain, but only under the original author's name. An editor may claim rights only to the additional content they provide, such as explanatory notes or a gloss.

      --
      Those who can make you believe absurdities can make you commit atrocities. - Voltaire
    185. Re:10 Years, not Infinity+ years by squizzar · · Score: 1

      So. Climbing Everest is hard, but I don't expect someone to pay me to do it. If I choose to spend my life doing a thankless, underpaid and unrewarding job do I deserve some kind of payout? No. So just because you do art and art is 'special' you deserve something that you wouldn't grant to anyone else? It's bullshit.

      If you were doing something people on the whole wanted enough to pay for it then you would be getting paid for it. Otherwise you've just made a stupid decision in your career choice. If money is _all_ you are doing it for then maybe you would be wiser to take up flipping burgers. If you are doing it because that is what you enjoy then bully for you. I don't get paid to do things I enjoy, and neither does anyone else, so what makes you special. I pay to do things I enjoy (some of which benefit other people) by having a job, which produces something people are willing to pay for.

      I think a lot of artists have an inflated sense of self-worth. Yes it's a talent, but it's not actually that rare a talent. Many, many people can draw pretty pictures, write happy stories and play musical instruments, and just the same as the people that can flip burgers, they get what society deems that to be worth. I'd like what I do to be worth 10x as much as it is, but that just isn't the case, so why should artists get some kind of special protection (that extends past not just their working life, but their actual life)?

    186. Re:10 Years, not Infinity+ years by infalliable · · Score: 1

      I with you. Patents do need to have a lifetime of 10-20 years.

      However, there needs to be reform on what can be patented. Software patents, business process patents, genomes, etc are all in need of being removed from patentable items. The patent process also needs to be sped up so that it doesn't take 3 years to be granted a patent. Additionally, there needs to be some protection against patent squatters who sit an wait years on a patent with the sole intention of suing infringers.

      For copyright, the timeline is entirely too long. These never ending copyrights just harm social progress in the arts. Most money is made shortly after a work is released for nearly all art forms. The entitlement provided is excessive.

      How will someone ever figure out who the rights holder is for a photo after 50 years? But that's exactly what you need to do.

    187. Re:10 Years, not Infinity+ years by smoker2 · · Score: 1

      If you've got published, then the contract is part of your estate, which your family will inherit. That has no bearing on whether your family should be able to hold copyright for the next 100 years on a book they did not create.

    188. Re:10 Years, not Infinity+ years by Anonymous Coward · · Score: 0

      Something like 30 years from the date of creation or the lifetime of the creator, whichever is longer, seems reasonable to me.

      Why is it only artists (yeah right) and big corporations, that should be able to keep getting paid 30 years after they did the work?

      I am a programmer, and I don't get paid for 30 years after I do something. Once I've finished it, I need to start working on the next thing, if I want to continue getting paid. Why are artists and companies different?

    189. Re:10 Years, not Infinity+ years by ScentCone · · Score: 1

      Right. You can't make a statutory, federal case against the infringer without registering the work. But that doesn't mean you have no ability to shut down an infringer without having regisered. You just can't spank them in federal court, and for more money. For most people, the financial rewards of the non-federal action isn't worth the legal costs.

      --
      Don't disappoint your bird dog. Go to the range.
    190. Re:10 Years, not Infinity+ years by morgan_greywolf · · Score: 1

      Assuming Egypt actually manages to assert copyright on the Sphinx and the pyramids internationally (and I don't expect the international community to recognize such ridiculousness out of Egypt), he wouldn't hold a copyright on the Sphinx or the pyramids but he would still hold a copyright on his photo of them.

      This article from December 2008 shows an example.

    191. Re:10 Years, not Infinity+ years by JasterBobaMereel · · Score: 1

      Invent something better, patent it ... make huge amounts of money for the first 5 years, but anyone can make one and pay you and you cannot stop them ... after five years people don't have to pay you anymore ...If it truly is better than the wheel there is no need to ban that outmoded idea, it will only be used as a retro novelty item from now on ...

      If it's a crap idea you don't get paid ... if it's a good idea you make a small profit ... if it's a brilliant idea you a set for life

      Patents should not stop people using your idea .. that is what copyright is for

       

      --
      Puteulanus fenestra mortis
    192. Re:10 Years, not Infinity+ years by yacc143 · · Score: 1

      Well, the problem is, that different kinds of creative works should probably have different time spans.

      30 years might be okay for a song. 30 years for a Apple II game sounds somewhat inappropiate.

    193. Re:10 Years, not Infinity+ years by inasity_rules · · Score: 1

      Coz, I dunno, maybe the "wheel" already had it's "14 years" and we now have a wide variety of different types of "wheel" (solid, spokes, etc) to choose from? You miss the point. Completely. Sorry.

      There comes a point in any invention's lifetime where it is no longer being improved. At this point it should be public domain. The only reason this is not the case is it would not be fair to the inventor, so to encourage him/her to invent more and out of the kindness of our hearts, we grant them extra time. This time should be limited or I can not invent "cars" because I'm not allowed to use "wheels". Holding perpetual patents holds progress back. Now if I come up with a better "wheel" than ever before, this is still a derivative work, but may be significantly different in some ways and is thus patentable. You can all still use the old "wheels" until my patent is up, or pay me.

      This system must be a balanced compromise. Copyrights are a different story altogether.

      --
      I have determined that my sig is indeterminate.
    194. Re:10 Years, not Infinity+ years by Firethorn · · Score: 1

      So if I build and sell a home I should be able to control it while I still live?

      The home is a physical object, it's a book vs the story on it's pages. Believe it or not, I can't just go to a (new)home, measure it, and produce a copy - it's a violation of the copyright on the building plans.

      Once you sell it(the physical home), it's out of your control(excluding selling contract riders and such). You can build another. It's more like controlling the plans for building that particular house. But that's not even a good analogy. You can sell your copyright, in which case I'd have a provision that the CR only lasts the 50 years. So if you wrote something at 20 and are now 75, you effectively can't sell the CR, but can release it into the public domain.

      You can't rewrite your novel and sell it again. Print more books, press more CDs, whatever, that you can do. The CR is different than that, the CR doesn't protect a 'physical good'.

      Oh yeah, and I'd limit unregistered copyrights to 10 years, maybe 20 for 'unfinished manuscripts'. Part of registration would be the storing of an archival copy in a national archive. The form the copy would take depends on the media, of course. For artwork a print would be acceptable. For music, a copy of the 'master'. Software, unobfusticated, compilable source code. So on and so forth.

      To fund the system, I'd limit 'corporate' copyrights to 10 years, requiring renewal fees for every 10 after that. Then again, the end result would be CR still held by individuals, just locked up with 'exclusive contracts'. It'd be corporate property in all but name. So make it universal, and cahrge fees low enough that individuals can afford to keep their stuff copyrighted if they want, but high enough to make disney think about releasing some of their stuff into the public domain.

      --
      I don't read AC A human right
    195. Re:10 Years, not Infinity+ years by Anonymous Coward · · Score: 0

      Copyright laws are separate from Patent laws for a reason. With something that is generally considered "patentable", society as a whole benefits when that idea is made available to the public (and other inventors, who build upon it). In the spirit of getting people to patent their ideas (thus benefiting society), we grant them a limited monopoly on their idea so that they can profit from it while at the same time making the idea public (as opposed to keeping it a trade secret).

      Copyrighted material, on the other hand, does not have the same societal benefit when made freely available. Everybody wants to see copyright laws abolished or lessened because they want to get something for free, not because they think it's what's best for society. If I write a book, it should be my right, as the creator of that work, to solely decide when, how, and by whom is it reproduced. When I die, I should decide where that power is given, either to my estate or the public domain. The idea that every CD made by the latest pop artist should be made freely available to everybody after 5 or 10 years is ridiculous. It should be left up to the creator of the art to decide how his art is made available to the public.

    196. Re:10 Years, not Infinity+ years by Anonymous Coward · · Score: 0

      Using the lifespan of the author as a variable in the grant of privilege could be construed as a form of age-discrimination. And even then, you have to factor in potential immortals, such as corporations and transhumanists.

      It would seem to me that the optimal number for a work of literature would either be the age of legal majority, or the mean age of parents across all childbirths in the society wherever such a number does not exist--we'll call this the generation limit. The same number would be used for the maximum lifespan of debts and contracts. The idea is that one generation should not be able to burden the next with debts or legal encumbrances, nor withhold from them indefinitely the accumulated cultural capital of previous generations.

      With regard to patents, the generation limit would appear to be much shorter, and varies depending on the industry. The 20 years that may be reasonable and sufficient to encourage Jacquard looms and cotton gins is murderously long for computing technology.

    197. Re:10 Years, not Infinity+ years by DAldredge · · Score: 1

      When you die should the government take your house, auction it off, and keep the money?

    198. Re:10 Years, not Infinity+ years by mcgrew · · Score: 1

      Yeah, copyright law is sure to get Hendrix, Joplin, and John Lee Hooker to make more music!

    199. Re:10 Years, not Infinity+ years by mcgrew · · Score: 1

      Cory Doctorow's Little Brother made the NYT's top ten best sellesrs list despite the fact that it's online, in its entirety, in a whole lot of formats, at Doctorow's web site.

    200. Re:10 Years, not Infinity+ years by Tubal-Cain · · Score: 1

      Thank you. I also own at least one GPL'd book, and at least one released under the Open Publication License.

    201. Re:10 Years, not Infinity+ years by Jah-Wren+Ryel · · Score: 1

      Well, tough shit for you. Art and other great creative works are hundreds or thousands of times harder to produce than flipping burgers, or else everyone would be doing it.

      Since when does it take years of sweat equity to become a good burger flipper?
      No one, except you and your strawman is talking about burger flipping.

      By the way - there are millions of "artists" out there, if anything there seems to be a pretty high correlation between burger flipping and being an artist.

      Life of author + 25 years is very reasonable.

      No its not. And unlike yourself, I can back up my claims instead of pulling random numbers out of my ass. Enforcement of copyright in the internet age is financially impossible, its a fools errand. So whether copyright duration is 1 year or a thousand, it doesn't matter. The business requires a new model that isn't a house of cards built atop the impossible.

      --
      When information is power, privacy is freedom.
    202. Re:10 Years, not Infinity+ years by Anonymous Coward · · Score: 0

      "Art and other great creative works are hundreds or thousands of times harder to produce than flipping burgers, or else everyone would be doing it."
      If art were simply hard work, then the people slaving away at it, day after day, would always make a profit. This is not the case. You can paint as hard as you damn well please, but if I don't like it, I'm not buying it. Therefore: it has little to do with work, and a lot to do with taste/style/luck. There's a LOT of good art out there, and even with copyright protections most of it isn't going to get sold. As to difficulty, which would you say is harder: slamming on a keyboard until something sounds nice, or running into a burning building and pulling old ladies out? I, for one, appreciate firefighters a lot more than artists of any kind.
      I would support copyrights if you could tell me, with a straight face, that artists would stop making art if they knew they wouldn't be paid.
      And don't think I'm against paying artists. I'm against paying artists more than 10 years after they've actually done any 'work'.

    203. Re:10 Years, not Infinity+ years by Jah-Wren+Ryel · · Score: 1

      If I can just write a new version of Star Wars, without fear of copyright infringement, why would I NOT do that? It has brand recognition, and people already know the back story.
      But with copyright, I have to actually *SHOCK HORROR* invent a new story and characters.

      Lol, what a TERRIBLE example. Star Wars is by-the-book monomyth. Hell, Lucas makes no secret of it. The names have been changed but the story and the characters are pretty much the same.

      Would you prefer that the Rolling Stones wrote their own music, or that they just did Beatles cover tunes all their career?

      Copyright is completely irrelevant in your example because of mandatory licensing requirements. If that's all they want to do, then copyright does not stand in their way, if they are commercially successful at it, then that will be more than enough to pay the royalties.

      --
      When information is power, privacy is freedom.
    204. Re:10 Years, not Infinity+ years by Jah-Wren+Ryel · · Score: 1

      With respect to corporate copyrights, it is date of publication (effectively registration) plus 95 years or date of fixing plus 120 years, whichever is lesser. I misread that as whichever is greater.

      --
      When information is power, privacy is freedom.
    205. Re:10 Years, not Infinity+ years by Anonymous Coward · · Score: 0

      Yes, thank god for copyright. Otherwise we'd have such horrible movies as Space Balls. Bunch of uncreative pricks. I'm so glad they got sent to prison for touching the holy Star Wars (c) intellectual property.
      I'm also thankful that there aren't hundreds of Star Wars (c) themed books, by a large number of different authors. This world would be hell if people were allowed to do such things.
      OK, enough sarcasm, let's get to some truth: you're an idiot. How do I know this? Because you actually, truly think that the Rolling Stones would have just made Beatles covers if it wasn't illegal. Ridiculous.
      Most people don't need large gobs of money or the threat of a lawsuit to be creative. The lazy and the dumb will always copy those who come before them, but would they have produced anything of value either way? No.
      You also seem to believe that the original version of a work of art will always be the best. Billions of remixes, parodies, and remakes would disagree with you.

    206. Re:10 Years, not Infinity+ years by Draek · · Score: 1

      Art and other great creative works are hundreds or thousands of times harder to produce than flipping burgers, or else everyone would be doing it. So they should get a greater return on investment than your regular 9-5.

      Sweet. Now explain to me why it is so for Mathematics, which are thousands of times harder to produce and millions of times more useful than these so-called 'great creative works' yet have no such protections on most of the civilized world.

      Life of author + 25 years is very reasonable.

      Too bad most actual, scientific studies prove you wrong.

      --
      No problem is insoluble in all conceivable circumstances.
    207. Re:10 Years, not Infinity+ years by Archimonde · · Score: 1

      Your comment reminded me of my psychology textbook I've read short time ago.

      Even though it isn't about paying for ideas but it does remind me of it. The problem with the book was that almost every couple of sentences there was a credit to some author of another book.

      For example: Pre-school children rely on their parents much more than than teenage children who rely on their peers ($some_author, $some_year).

      What is the problem with it?

      Firstly, the sentence is blindingly obvious as saying that smart kids have better test results in general. Secondly, the $some_author didn't conduct a scientific experiment, he got that merely by observation (just as any healthy individual can), and finally I had the impression that with all these references to other books the autors of the textbook I read didn't have any data, opinion or observation on their own, the book was just a compilation of other people's "data" (which is completely obvious in like 90% cases). And the professor I was learning this subject remarked that this book is the best psychology book in recent Croatian history. Go figure.

      --
      Trolls are like broken clocks. They show the truth two times a day. The rest of the day they talk nonsense.
    208. Re:10 Years, not Infinity+ years by Squiggle · · Score: 1

      Right now if something is patented, you need to figure out another way to do the same thing. Sometimes the new method is even better than the original. THAT IS THE [IMPLIED] GOAL.

      This assumes that people are lazier then they are competitive. Without intellectual property new inventions or "forks" / modifications of existing inventions would happen anytime someone thinks there is a better way to do things. Unlike you I assume that people often disagree about what is the right/best way to do things which creates the diversity needed to explore the landscape of potential solutions.

      The free software community has shown that diversity and experimentation are natural even if there are no copyright/patents forcing people to try another approach. We need nothing to force us to disagree. :)

      --
      Complexity Happens
    209. Re:10 Years, not Infinity+ years by Raffaello · · Score: 1

      The key issue is orginality (at least under US law). IOW, a slavish copy of an existing public domain work is not subject to copyright, but an original work (e.g., choice of lighting, framing of the subject within the photo, etc.) is.

    210. Re:10 Years, not Infinity+ years by Anonymous Coward · · Score: 0

      If you NEEDED large amounts of money to make a movie then you might have a point.
      However, the thousands of cheaply produced yet epic movies that we have today say otherwise.

    211. Re:10 Years, not Infinity+ years by AcidPenguin9873 · · Score: 1

      Let's continue your analogy:

      • Chair designer designs and builds one (1) chair over the course of a few months
      • Everyone who wants that particular chair uses hctp to give themselves a copy of that chair for $0.

      Obviously no one has destroyed the original chair which was created by the chair designer, but what everyone has done was declare the chair designer's months of time spent designing the original chair worth $0.

      Now, maybe a chair designer's time really is worth $0 in today's world; chair designs in general are already in the "public domain" since they've been around for thousands of years. But let's replace "chair designer" with "cancer drug designer", and let's replace "few months" with "20 years" to account for the cancer drug designer's time spent in med school, as a resident, and finally as a cancer drug researcher. Is the cancer drug designer's 20 years worth of time spent on developing a drug that cures cancer worth $0, just because everyone can give themselves a copy of his cancer drug for $0?

    212. Re:10 Years, not Infinity+ years by Anonymous Coward · · Score: 0

      What I dont get is why your son needs to be rewarded for you working in the first place.

      I believe this is a *very* important part of copyright law. Its not that it is important for one's offspring to inherit, say, an author's rights, as much as it is that the rights don't perish with the death of the author. There must be no financial incentive for competitors to IP (or those who would like to just use without fee someone's IP) to bring about the death of the author.

      This being said, I agree with many others posting here that IP expiration should happen much more rapidly across the board!

    213. Re:10 Years, not Infinity+ years by photomonkey · · Score: 1

      As a photographer, I completely agree.

      Other than the money itself, though, part of the reason copyright has been pushed back so long is simply because guys like Eddie Adams don't want their famous war photographs entering the public domain and being used by everyone from rock bands to book jackets to shill products.

      It's not always entirely about the money.

      --
      Message contains 1 attachment: spam.gif
    214. Re:10 Years, not Infinity+ years by Tikkun · · Score: 1

      It's actually easier to argue the point with cancer drugs. People die of cancer every day. The process of dying of cancer costs the government and insurance companies lots and lots of money as they try to treat cancer patients (even if drugs were basically free, doctors, nurses, physical equipment, etc. are not).

      In addition, there are lots of people that want to cure cancer because they feel a need to help society (if doctors were in it for the money they'd be lawyers). Hence:

      - There are people willing to spend decades of their lives pursing a cure for cancer.
      - There are organizations willing to spend millions of dollars paying people to find a cure.

      Just because you eliminate one possible source of revenue (copyright) doesn't mean you remove supply and demand. And the great thing is that once they're done doing one thing, they'll go on to do other things that they'll also get paid for.

    215. Re:10 Years, not Infinity+ years by TheTurtlesMoves · · Score: 1

      The US government does pay for a lot of the trials etc. This is a dirty little secret the drug companies don't want you to know. Furthermore they spend more on marketing than R&D anyway.

      --
      The Grey Goo disaster happened 3 billion years ago. This rock is covered in self replicating machines!
    216. Re:10 Years, not Infinity+ years by Chosen+Reject · · Score: 1

      To play devil's advocate:

      It's about being just enough enticement to encourage people to create these works in the first place so as to enrich the public domain to the maximum degree

      If she never published them, they would never be in the public domain. So maybe copyright was enough incentive for her children to publish them.

      That being said, I agree with you. People need to realize that copyright isn't about making sure an author is paid, it's about making sure they have enough incentive to create works (that should eventually become public domain).

      --
      Stop Global Warming!
      Just say no to irreversible processes!
    217. Re:10 Years, not Infinity+ years by Chosen+Reject · · Score: 1

      can't hope to go from concept to consumer within less than 2 years

      This might be true. If it is, don't file the patent until you're about to release the product. If it really is so unobvious, then no one else will have thought of it independently. Otherwise, it doesn't deserve patent protection.

      --
      Stop Global Warming!
      Just say no to irreversible processes!
    218. Re:10 Years, not Infinity+ years by AcidPenguin9873 · · Score: 1

      The only reason there are businesses (not "organizations"...it's an important distinction) willing to spend millions of dollars paying people to find a cure for cancer is because they think they will be able to make more money than that selling the cure. If the cure must be "free", the businesses aren't going to invest millions researching it.

      As the doctors who want to help society...yes, I'll grant that that's probably one of their primary motivations, but that motivation MUST be secondary to their basic needs for food, clothing, shelter, transportation, their own health care, etc....i.e., money, since money is required to purchase all those things. If the businesses won't pay them because it can't make any money (see above), what is the likelihood that those doctors will continue to research cancer drugs instead of doing something else where they CAN make money? My argument is that it's close to 0.

      Considering the general societal good involved in finding a cure for cancer, a taxpayer-funded not-for-profit organization is probably the way to go for cancer drug development. E.g., socialism. And we do have some of that going on now. Pure socialism would also benefit the above doctor; as he is researching cancer drugs, his basic needs would be met by the government at no cost to him. But that's a wildly different society than the one currently in place. And history shows us that implementing non-corrupt socialist states has proven difficult.

      My point is, when people talk about abolishing copyright and patent law, LOTS more stuff would need to become taxpayer-funded (socialist), or it just wouldn't get done.

    219. Re:10 Years, not Infinity+ years by Chosen+Reject · · Score: 1

      reasonable opportunity to exploit their own work

      is another way of saying

      when "they" have made enough money.

      So you are being a hypocrite. Any decision on copyright length, whether it be 0, infinite, or anything between, is a decision as to how long an artist can make money on his work.

      Apparently you regard the service of printing and distributing a book to be far more valuable than the service of actually creating the words which go into that book.

      In this day and age of making digital copies, turning a copyrighted work into a physical form is a service. Everyone could have it digitally. However, some people want to put it up on the wall or whatever, which most people can't do as easily. So yes, once a work has gone into the public domain, the creation of the words is already done, had it's time in copyright (whether it's 5, 15, 30, or x years) and so only someone providing a service beyond that should get paid. I'm not into audio books, but I know people who would pay money to listen to Jim Dale read to them works that are otherwise free. I'd be willing to bet, some of them would even pay him to recite the constitution. He's providing a service beyond the original work. Yes, it is more valuable now.

      Also, value and cost are not directly related. Certainly only an idiot would pay more than what they value something at. But everyone would love to pay less. I value Night of the Living Dead (whose copyright has expired), but I wouldn't pay anything for it because I really don't value having a physical disk at all. I value Washington's Crossing the Delaware (whose copyright has expired) but I would pay a small fee to have a print because I do value having that in physical form.

      --
      Stop Global Warming!
      Just say no to irreversible processes!
    220. Re:10 Years, not Infinity+ years by Chosen+Reject · · Score: 1

      A lot of bands already do that, but the majority of bands have decided they'd rather get paid if they can.

      And many bands, both big and small, want to make money and still give their music away for free as part of their business model. "Give it away and pray", isn't a business model. Getting fans by giving away music and then charging those fans for other things has been and is used to much success by many musicians. What you have written above is called a false dichotomy.

      The RIAA could easily "beat" illegal torrents simply by not releasing any music.

      And then the bands that don't release anything and the RIAA dry up and die. The bands that do what I mentioned above, are still making music. And nothing of value was lost.

      --
      Stop Global Warming!
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    221. Re:10 Years, not Infinity+ years by Chosen+Reject · · Score: 1

      StarCraft, in it's current form, will be very long in the tooth when it's source code becomes available to my great-great-grandchildren in 2073

      And that is where I think you are wrong, but hope that I am. In it's current form, you don't have to submit anything to the copyright office in order for it to be copyrighted. You do have to submit it in order to file a lawsuit, but in the case of StarCraft, I don't know if Blizzard filed the source code, or the compiled game, so it's possible that when the copyright expires, you still won't get the source code. It'd be interesting to know that.

      No matter the status of StarCraft, there are lots of things receiving copyright protections but not having to file that with the copyright office, which ensures that once the copyright expires, the work will still be available. Granted, most "works" aren't deserving of preservation, but copyright doesn't determine what is worth preserving, it only grants protections. And if it's going to get the protections, it should have to be preserved and then others can decide if it's worth having.

      --
      Stop Global Warming!
      Just say no to irreversible processes!
    222. Re:10 Years, not Infinity+ years by American+Terrorist · · Score: 1

      Scared of playing devil's advocate for fear of being sent to karma hell, but... Imagine how many poems could be written for the total production cost of three LOTR movies.

    223. Re:10 Years, not Infinity+ years by Sax+Maniac · · Score: 1

      Gershwin's heirs laugh all the way to the bank.

      --
      I can explanate how to administrate your network. You must configurate and segmentate it, so it can computate.
    224. Re:10 Years, not Infinity+ years by rossz · · Score: 1

      Don't worry. Those poems are being written. Social networks are packed full of horrendously bad poetry by emo teen girls.

      --
      -- Will program for bandwidth
    225. Re:10 Years, not Infinity+ years by dgatwood · · Score: 1

      Most people create works as a part of their ongoing jobs. They collect a paycheck even if a product doesn't sell, and as long as the company doesn't go bankrupt or lay off a bunch of people, they aren't taking a significant personal financial risk by working on a particular project. The greater the risk, the greater the potential reward (or potential loss). That's just the way the system works. The person who writes a book or screenplay is to some degree setting aside his/her ability to put food on the table in order to create this work that might pay off big, complete with residuals, or might be laughed at. That's taking a much greater risk than going in to work every day and earning a salary.

      Now if you're talking about creative people who are working for a salary and whether they should get commissions, I might be inclined to agree with you, provided that those people are employed in an ongoing fashion that spans creative projects and aren't routinely disposed of every time a show/project gets cancelled, a contract runs out, or a series finishes its run. So I think it depends on the environment.

      --

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

    226. Re:10 Years, not Infinity+ years by dgatwood · · Score: 1

      I do agree that high-risk photography should be rewarded better than low-risk photos; that said, I'm of the opinion that a longer copyright duration won't have any real effect on the value of such photos. War photos are valuable not just because of the risk, but also because they are timely, and as such, magazines and newspapers are willing to pay for them. After a handful of years, though, most of their value is lost. There's maybe one war photo in ten thousand that gets used even once after the war ends, and with all the embedded media these days, I doubt it is even that high.

      For that matter, most photographs tend to not be reused year after year, with the exception of stuff provided through stock photo houses, which tend not to cater to folks looking for exotic, high-risk images. If you need a photo of a celebrity, you're going to probably want the most recent photo, not one taken ten years ago. If you need a photo of the New York skyline, you almost certainly want one that doesn't cause the audience to shiver when they see twin towers. And so on. It's the same reason I said copyright should be short for news stories; because they are factual accounts of something that is happening, most of their value is the result of timeliness.

      I know that different people find different types of writing easier or harder, at least when it comes to types of writing, e.g. persuasive writing, fiction writing, non-fiction writing, technical writing, or to different styles of writing (sci-fi versus romance). Within a type and genre, though, finding screenwriting harder than novel writing seems like a stretch. There's just so much more detail, so many more words, etc. in a novel.... Maybe they just say it's harder so nobody will ask them to do it... probably because they hate screenwriting software as much as I do. Thirty minutes in a word processor, two hours with screenwriting software to do the same thing.... *smashes head repeatedly into keyboard*

      --

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

    227. Re:10 Years, not Infinity+ years by dgatwood · · Score: 1

      No, although unpublished works are not eligible for statutory damages, copyright does still protect unpublished works, at least in the U.S. If I create a work and someone steals it and publishes it first, assuming I can prove (through showing a mountain of early drafts of the work dating back five years, for example) that I created it, I do have the right to sue for actual damages (the amount of profit they made from it) as well as suing for breach of whatever contract allowed them to get their hands on the work in the first place.

      --

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

    228. Re:10 Years, not Infinity+ years by Anonymous Coward · · Score: 0

      TL;DR Making a copy of something doesn't destroy your copy of something.

      Yeah, and me fucking your wife doesn't mean you can't fuck her, too. I'm sure you're fine posting her contact info so the rest of us can get in on some of that fun, right?

      No? Then stop trying to fuck over my creative work, thanks.

    229. Re:10 Years, not Infinity+ years by Walkingshark · · Score: 1

      It obsoletes the concept of a "work for hire".

      Not really. You can still contract with someone to create for you, under the terms that they will license to you at X rate whatever creative work they produce on a specific project. It just means that you have to keep paying them if you want to keep using whatever it is they produced (or you have to hammer them with a nasty contract and risk litigation).

      --
      The world you experience is only a close approximation of reality.
    230. Re:10 Years, not Infinity+ years by Walkingshark · · Score: 1

      This sounds more like the plot to a bad Grisham novel than a realistic scenario. Police will look for likely suspects, and the corporation flooding the market with Buddy Christ statues a few days after Kevin Smith died in a mysterious car accident would probably end up pretty high on the list. It seems to me that a corporation that would use these kind of tactics to secure IP are going to do it regardless of a change like the above described.

      Of course, I like the idea of 18 year copyright terms, with a single 18 year extension for works that surpass, say, the median amount of per-unit sales. If that last clause causes too much complication, then just leave it at the initial 18 years.

      If we had that, I'd immidiately sit down and start writing that Star Trek novel I've always wanted to pen.

      --
      The world you experience is only a close approximation of reality.
    231. Re:10 Years, not Infinity+ years by falconwolf · · Score: 1

      Right. You can't make a statutory, federal case against the infringer without registering the work. But that doesn't mean you have no ability to shut down an infringer without having regisered.

      I didn't say that without registration infringers can't be stopped. In fact I said the opposite, "Without registering a copyright however the most you can get is a cease and desist order." Cease and Desist is an order or request to stop.

      Falcon

    232. Re:10 Years, not Infinity+ years by falconwolf · · Score: 1

      You don't explain why an author should have control of what they wrote for their entire life. The reason there are copyrights is by giving authors and other artists limited monopolies they will be encouraged to write and create works of art. You encourage people thus by having them create more not by giving them a lifetime monopoly. And yes, I used to be a writer and am still a photographer.

      Falcon

    233. Re:10 Years, not Infinity+ years by zoips · · Score: 1

      Except the fact that with IP no one loses anything when someone else uses it, and that any number of entities can use it simultaneously for disparate uses makes IP fundamentally different than physical property. Your claim that they are fundamentally identical is disingenuous as it completely ignores this fact.

      Going back to the car analogy, if a car was fundamentally identical to IP, I could get in my car and drive to work. Simultaneously another person could strap a rocket to the top, get in my car, and fly it off a cliff. I get to work, they fly off a cliff and die a fiery death, everyone comes out happy. You can see how this just doesn't work with physical property and yet is trivially fundemental to IP...

    234. Re:10 Years, not Infinity+ years by falconwolf · · Score: 1

      When you die should the government take your house, auction it off, and keep the money?

      Whether on purpose or unintentionally you are mixing up property rights with what government can grant. Houses are real property which government can not deny. However government has the ability to, though does not have to, grant copyrights.

      Falcon

    235. Re:10 Years, not Infinity+ years by ScentCone · · Score: 1

      But... that's still not correct. You can get a C&D, and you can go for the same money you'd normally have charged for the work. Federal pursuit over a registered work just also introduces the prospect of statutory damages. So, if you normally charge $500 to license a photograph for use on someone's web site, then you do NOT need a registered copyright to get a judge to collect that $500 for you. Of course, it will likely cost you and the other party both a lot more than $500 in legal fees over the matter... so it's always a who-blinks-first sort of thing.

      --
      Don't disappoint your bird dog. Go to the range.
    236. Re:10 Years, not Infinity+ years by WindShadow · · Score: 1

      So you think that if you own a house your heirs should get it, but if I write a book and die my heirs shouldn't? Or when you die should everything you own go to the government?

      Why do you think that people who write a book or song, make a film, take a picture, or other creative work, should lose the right to pass on the ownership of the work to their heirs? Could it be that you don't do any of these things and want to just take the work without paying?

      Copyright for the lifetime of the author, with a minimum length of time to allow recovery of some portion of the commercial value. Ten years seems too short, given the time it takes for most written work to actually start generating income. Patent for a fixed period, that makes sense, gets the tech out so people can build on it. Otherwise you get a lot of trade secrets and the tech stays secret for much longer. Films are a special case, they generate income for decades, and are physical objects which are owned, not a concept.

      It would be nice to have commercial and non-commercial rights, so that after some period electronic copies of books could be available, but not sold. So efforts like Project Guttenberg could have a book for free distribution, but the author would still own commercial rights, including sales of electronic copies. Unfortunately I suppose that publishers would find a way to make money and not share it with the author, so it probably wouldn't work.

    237. Re:10 Years, not Infinity+ years by richie2000 · · Score: 1

      As you say - that's a breach of contract. Regular contract law applies, not copyright.

      --
      Money for nothing, pix for free
    238. Re:10 Years, not Infinity+ years by JoeMerchant · · Score: 1

      Regulatory oversight is not a laminar-flow process. Some things get passed through in a few weeks, others swirl in the Kafka inspired bureaucracy for years. Investors don't like the idea that the profits generated from their investment might be reaped by others - enough so that they'd rather not invest in the first place rather than potentially get disappointed at the outcome.

    239. Re:10 Years, not Infinity+ years by dgatwood · · Score: 1

      No, copyright ALSO applies. From Circular 1:

      Copyright protection is available for all unpublished works, regardless of the nationality or domicile of the author.

      Emphasis mine.

      --

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

    240. Re:10 Years, not Infinity+ years by Man+On+Pink+Corner · · Score: 1

      Well, he does. He can do nothing for the rest of his life if he wants. In fact, his children could probably live comfortably off the Apple ][ inheritance.

      Only because it was such a big hit that he literally ended up with more money than he could spend.

      Ever see LOST? There is (was) an Apple II in the Swan hatch, acting as a terminal for a larger computer. There was also a 70s-vintage hi-fi system, on which the character in the hatch was heard playing Mama Cass Elliott's "Make Your Own Kind of Music," from 1969.

      You can damn well rest assured that whoever owns the rights to Bubblegum, Lemonade, and Something for Mama is still getting a few ducats every time that episode airs, and every time somebody buys the DVD set.

      But no love for Apple, huh. What value is Mama Cass adding to the show that the Apple II isn't?

      They're both props. One of them has a rightsholder who will still be raking in bucks well into the 21st century. Why is Mama Cass's record company "entitled" to residuals, but not Apple Computer?

    241. Re:10 Years, not Infinity+ years by SanityInAnarchy · · Score: 1

      Given the choice, I would much rather have a world in which some people attempt to keep their inventions secret -- but are vulnerable to reverse engineering -- than one in which I have to be careful what I invent, to be sure it's not already patented.

      But the best compromise I see for patents would be to limit them to an incredibly short time -- perhaps one or two years. Plenty of time to get a first-mover's advantage, but not enough time to allow for patent trolls, or business models based solely on licensing patents. If you were to sue someone for infringing on your patent, they might just decide, "Oh well, we'll sell it next year."

      I really can't say, though. This book makes a good point for removing patent protection entirely.

      --
      Don't thank God, thank a doctor!
    242. Re:10 Years, not Infinity+ years by American+Terrorist · · Score: 1

      Emily Dickinson was also a great example of horrendously bad poetry.

    243. Re:10 Years, not Infinity+ years by falconwolf · · Score: 1

      Here's a proposed "alternative to pharmaceutical patents

      That proposed alternative boils down to "the government should pay for all of the research necessary - after all, the government (here in Europe) already pays through universal health care, and look at all the great drugs".

      Problem is, it neglects to realize the number of drugs invented in the US as opposed to Europe. Most of them are invented here. So unless you're suggesting that the US government not only provide universal health care, but also pay significantly higher rates than Europe does, the amount of drug research worldwide would decline. A lot.

      That proposal was but one, one I don't particularly support. However even in the US the government does drug research as well as finances research. The NCI or National Cancer Institute, a US government agency, spent $183 million to develop and test Taxol for instance.

      Falcon

  4. Their book... by NeoTron · · Score: 3, Insightful

    Would it be irony if their book was copyrighted? ;)

    Also, I'm glad to see the description of the term "Intellectual Property" called for precisely what it is : propaganda. It's time for this term to be thrown out, and not to let so-called self-professed "intellectual property owners" inject this horrible term into the collective mind-set any further - it muddies the water of the discussion.

    1. Re:Their book... by koutbo6 · · Score: 1

      i dont think this qualifies as irony
      hypocrisy ..yes

      --
      You speak London? I speak London very best.
    2. Re:Their book... by TheReaperD · · Score: 1

      Also, I'm glad to see the description of the term "Intellectual Property" called for precisely what it is : propaganda [...] - it muddies the water of the discussion.

      That is the point of the term. To eventually muddy the waters enough that the big corporations can have an item and be able to enforce their monopoly with the freedom of trademarks, the term length of copyrights and the enforcement powers of patents.

      --
      "Be particularly skeptical when presented with evidence confirming what you already believe." -
    3. Re:Their book... by AcidPenguin9873 · · Score: 1

      What do you call the design of your Intel Core 2 processor before it gets fabbed into silicon and metal? Are you claiming that the RTL/schematics/"design" of that processor are worthless?

    4. Re:Their book... by DustyShadow · · Score: 1

      Would it be irony if their book was copyrighted? ;)

      You don't have a choice in the U.S. to not copyright your works. It is automatic.

    5. Re:Their book... by CannonballHead · · Score: 2, Interesting

      Agreed. Somehow, not-copyrighting your inventions before they are actually manufactured (IP?) will protect against those awful corporations that can do anything with their money. Because that way, you, without any money, can eventually manufacture it and finally copyright it, while the corporation that could manufacture it in 2 months and start selling it sits idly back, scared of taking your uncopyrighted non-intellectual-property un-manufactured invention from you...

      [/sarcasm, if you couldn't tell]

      The situation isn't good, but goodness, if there weren't ANY copyrights on non-implemented ideas, the idea of private "inventors" would be over; corporations could be in the business of stealing (only it wouldn't be stealing) ideas. We'd end up back in the hide-your-plans-under-your-pillow-for-secrecy days I guess... whenever those days were, that is. :)

    6. Re:Their book... by psnyder · · Score: 1

      Would it be irony if their book was copyrighted? ;)

      i dont think this qualifies as irony

      I have it, from a very good source, that some people constitute this as one form of irony. I'd quote my source but I'm afraid they'd sue.

    7. Re:Their book... by Anonymous Coward · · Score: 1, Interesting

      Intellectual Property allows people to safely invest huge amounts of money into research and other areas where the return is not immediate.

      Who is going to invest millions of dollars into cancer research if they knew all their work could be stolen when/if a cure came out?

    8. Re:Their book... by brian0918 · · Score: 1

      A man has the right to the product of his mind, and to do with it what he sees fit. If you believe you had a right to the text of a book, to do with it as you pleased, then why didn't you write the book in the first place? A right to property is a right to action, like all other rights; it is not a right to an object, but a right to the actions, means, and results of producing an object.

    9. Re:Their book... by Tubal-Cain · · Score: 2, Insightful

      What do you call the design of your Intel Core 2 processor before it gets fabbed into silicon and metal?

      Probably "Trade Secret"

    10. Re:Their book... by Inschato · · Score: 1

      Who is going to invest millions of dollars into cancer research if they knew all their work could be stolen when/if a cure came out?

      Uh.. people who want to cure cancer?

    11. Re:Their book... by Anonymous Coward · · Score: 0

      The term "intellectual property" is more than 100 years old - it's mentioned in the original Berne Convention of 1886. How much deeper can it get into the "collective mindset"?

    12. Re:Their book... by binarylarry · · Score: 1

      This is some motherfuckin hiphopracy goin on here!

      WOO WOO!

      --
      Mod me down, my New Earth Global Warmingist friends!
    13. Re:Their book... by umeboshi · · Score: 1

      You don't have a choice in the U.S. to not copyright your works. It is automatic.

      This is not exactly true. While you can be granted an automatic copyright since the requirement for registering it no longer applies, you can still choose to have your works not protected by copyright and release them into the public domain.

    14. Re:Their book... by jcnnghm · · Score: 0

      Also, I'm glad to see the description of the term "Intellectual Property" called for precisely what it is : propaganda. It's time for this term to be thrown out, and not to let so-called self-professed "intellectual property owners" inject this horrible term into the collective mind-set any further - it muddies the water of the discussion.

      The layoffs that would occur as all developed software immediately entered the public domain because there was no legal recourse for copying binaries or code, and the resulting explosion of DRM and trusted computing initiatives would be fascinating to watch, but somehow I don't think it would help the economy very much. Perhaps it's called "Intellectual Property" because it can cost billions of dollars to develop, and wouldn't be economically feasible to develop without the protections afforded to tangible property.

      GTA 4, for instance, cost about $100M to develop. Given the quality of open source games, I think it's a totally fair assessment that without being able to sell the content, quality modern games couldn't exist without unbreakable DRM and trusted computing. In the short term, this would kill the industry. In the long term, it would increase the PC software development barrier of entry to match that of console game development.

      What about the entertainment industry? Let's use the Dark Knight as an example. The budget was $185M. If anyone could copy and distribute the film, would it be economically possible to profit after such an outlay (hint: it wasn't released in China for "cultural reasons")?

      The fact of the matter is that getting rid of copyright would do more to harm the economy than it would ever be able to do to help it. Large scale, expensive R&D and engineering projects wouldn't be economically feasible, because there would be no way to prevent others from directly copying and distributing your product. Not only would the dissolution of copyright crush engineering innovation, it would also cripple the arts. Only in liberal fantasy land will tens or hundreds of millions of dollars be invested to produce a product that can't be sold, but only supported.

      --
      You don't make the poor richer by making the rich poorer. - Winston Churchill
    15. Re:Their book... by m.ducharme · · Score: 1

      this also applies in Canada.

      --
      Rule of Slashdot #0: You and people like you are not representative of the larger population. - A.C.
    16. Re:Their book... by cpt+kangarooski · · Score: 3, Insightful

      A man has the right to the product of his mind, and to do with it what he sees fit.

      I agree. The problem is that when you share what's on your mind with everyone else, now it is in our minds too, and we can use it just as well as you could. You're arguing against intellectual freedom and censorship. To argue in favor of copyright, you have to say that Alice has the right to censor Bob, merely because Bob is repeating what Alice said first. There may be a good reason to do this, but the right to censor others for no other reason than the provenance of what they say could only be artificial in origin. It's granted by the people who are being censored, in fact, which means you'll essentially need their consent, which is unlikely to be granted unless they're benefiting from it somehow.

      --
      -- 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.
    17. Re:Their book... by Logic+and+Reason · · Score: 1

      You're in luck, because the economists highlighted in TFA happen to have written a book on the very subject of the article! You might want to read chapter 9, The Pharmaceutical Industry.

    18. Re:Their book... by Timothy+Brownawell · · Score: 2, Insightful

      The situation isn't good, but goodness, if there weren't ANY copyrights on non-implemented ideas, the idea of private "inventors" would be over; corporations could be in the business of stealing (only it wouldn't be stealing) ideas.

      Ideas are about as valuable as air, so I really don't expect that that's a generally valid worry. People who actually put in actual work would still find ways to get paid.

    19. Re:Their book... by tomhudson · · Score: 1

      That is the point of the term. To eventually muddy the waters enough that the big corporations can have an item and be able to enforce their monopoly with the freedom of trademarks, the term length of copyrights and the enforcement powers of patents.

      Better watch it - you've just infringed some corporations' trademark, patent and copyright IP you terr'ist!

      14 years from first publication for copyrights, 20 years for patents (you have 6 years to bring it to market initially or lose it), forever for trademarks. No "lifetime" involved, since that's too variable.

    20. Re:Their book... by artor3 · · Score: 1

      How? How on Earth would you get paid for your work on an invention, if anyone could take it and produce it without paying you a dime?

      Researchers at a university? Gone. Fabless microchip companies? Forget 'em. DRM? It'll be everywhere, since it will be the only form of protection to exist.

      This is the absolute WORST idea I've seen in quite some time.

    21. Re:Their book... by artor3 · · Score: 1

      And who, pray tell, wants to cure cancer to the tune of billions of dollars, knowing full well that they'll never receive a cent of it back?

      People are generally good, but they're not suckers. No one has that sort of money to burn.

    22. Re:Their book... by JoeMerchant · · Score: 1

      I love the propaganda campaign that DVDs have been waging ever since their creation - no longer can you fast forward the FBI warning or the "infomercial" about piracy. How could all of that be viewed as anything other than an attempt at brainwashing the masses?

    23. Re:Their book... by jedidiah · · Score: 1

      > The term "intellectual property" is more than 100 years old - it's mentioned in the original Berne Convention of 1886. How much deeper can it get into the "collective mindset"?

      100 years is a blink of an eye...

      There is Robin Hood
                        King Arthur
                        British Common Law
                        Plato's Republic
                        Torah/Bible
                        The Illiad
                        Hammurabi's Code (if you don't think it's still currently relevant, just read it sometime)

      Some of us have books that are older than 100 years old.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    24. Re:Their book... by Timothy+Brownawell · · Score: 1

      How? How on Earth would you get paid for your work on an invention, if anyone could take it and produce it without paying you a dime?

      Um, maybe by actually using it? Or you have superior understanding of it (being the inventor and all), and can manufacture it at higher quality? Or because you have some time before your competitors catch up?

      Invention did not suddenly come into existence with the introduction of patents. How did people get paid for their work before then? There clearly must have been some profit to them, or they wouldn't have bothered.

    25. Re:Their book... by Anonymous Coward · · Score: 0

      All true. And all property, is, in fact, imaginary. Not that there's anything wrong with that.

    26. Re:Their book... by Peyna · · Score: 1

      Making copyright/IP protection last for a very long time defeats the purpose of it entirely.

      If you want indefinite protection, you don't share your idea. You get to realize all the benefit, but you run the risk of your idea being independently discovered or stolen.

      In exchange for offering you a monopoly for a limited period of time, which guarantees that no one will steal your idea or benefit from independent discovery, then we require that you give your idea to the public after a set time. Thus encouraging progress, from which the public benefits, and at the same time, ensuring that that progress does actually benefit the public at some point in time, rather than one person.

      --
      What?
    27. Re:Their book... by steelfood · · Score: 1

      And considering the complexity, it might be fine to keep it as a trade secret.

      Of course, Intel wouldn't risk having their innovations copied, so they'd most likely patent their stuff at or near when they're about to release their product.

      --
      "If a nation expects to be ignorant and free in a state of civilization, it expects what never was and never will be."
    28. Re:Their book... by Ashriel · · Score: 1

      20 years is too long for patents. I'm in favor of the original 7 years, with a stipulation that the invention needs to be brought to the public immediately (within 90 days) through either direct manufacture or licensing, or the patent is revoked.

      To safeguard against corporations that would simply choose not to license and try to steal the patent after 90 days, an invention so revoked could be declared unpatentable, either for a limited time (another 7 years), or indefinitely, thereby opening up the invention to the public domain.

      It's my view that if an invention isn't ready for public use when it's brought to the patent office, then it isn't ready for a patent.

    29. Re:Their book... by AcidPenguin9873 · · Score: 1

      I'm legitimately not sure if we're agreeing or disagreeing.

      I was disagreeing with the OP who called Intellectual Property "propaganda"; I believe that no-marginal-cost-of-reproduction stuff HAS lots of value, including monetary value. Its value lies in the thought, knowledge, novelty, work, and creativity to conceive, design, and implement the design/music/art/software/etc. and the fact that it requires a special skill/talent/education to know enough about the area to create such a thing. The marginal cost of producing another copy of the IP is irrelevant - its entire cost, and also its entire value, lies in its initial creation.

    30. Re:Their book... by Ashriel · · Score: 1

      Invention did not suddenly come into existence with the introduction of patents. How did people get paid for their work before then? There clearly must have been some profit to them, or they wouldn't have bothered.

      Yeah, they kept the details of how their invention worked secret so that they had a monopoly on the manufacture and use of their design. Then either they died and their work went with them, or people figured it out for themselves after awhile and the inventor lost his monopoly. Keep in mind that the days before patent law were pre-industrial: inventors manufactured their devices themselves.

      Patent law is for the public benefit (less so copyright law), it's just been seriously abused over the last 75 years or so.

    31. Re:Their book... by AcidPenguin9873 · · Score: 1

      Probably "Trade Secret"

      That's just another form of IP.

    32. Re:Their book... by eyendall · · Score: 1

      Actually, their book is downloadable, free of charge.

    33. Re:Their book... by Tuoqui · · Score: 1

      You're right. If they want to use the word PROPERTY then their IMAGINARY PROPERTY should be subject to PROPERTY TAX just like land is. I figure we can appoint a few Imaginary Property appraisers who go around and figure out what various copyrights, patents and trademarks are worth and then tax the companies based on that. I figure that stupid rat from Disney should be worth a few billion a year at least.

      Damned if they do, damned if they don't. If they do the government gets mad $$$ coming in. If they don't then you'll see the Public Domain expanding overnight.

      After all if they want people to treat it as PROPERTY then it should be taxed as such. Right now they're getting a free ride and squatting on all the intellectual property without paying for holding onto it.

      --
      09F911029D74E35BD84156C5635688C0
      +2 Troll is Slashdot's way of saying groupthink is confused
    34. Re:Their book... by gnasher719 · · Score: 1

      The layoffs that would occur as all developed software immediately entered the public domain because there was no legal recourse for copying binaries or code,

      In Germany, as a concrete example, software could not be protected by copyright for many years. Guess what: Lots of software got developed and sold successfully by its creators, due to the power of competition laws. It is illegal to compete with me by copying my software at zero expense when I did the hard work of creating the software. On the other hand, the protection goes away the second that I stop selling, because once I leave the market voluntarily, you are not competing with me anymore.

      Translated into music and books, Elvis and his record company would have the right to sell his records forever, and would be protected from competitors. As soon as they stop selling, others can take the works and sell them, because then they are not competing.

    35. Re:Their book... by Anonymous Coward · · Score: 0

      each copy of a book is a different object. Only the physical exists. The product of a guys mind is his copy, not all copies. And if you don't want something copied, you don't have to release it. Fine by me.

      Property rights to physical objects and imaginary property rights are incompatible. We can't consistently have both in the one legal system (that doesn't stop them trying).

      http://www.stephankinsella.com/ip/

    36. Re:Their book... by cliffski · · Score: 1

      LOL.
      what drivel.

      Can we do the same with 'property' please?
      Because the idea that you own an area of land because you have a piece of paper you inherited from 6 generations back is kinda silly, and is just propaganda.
      Native Americans had no concept of land ownership. The idea is a recent corporate monopoly and should be overturned...

      --
      DRM-free indie games for the PC and Mac: Positech Games
    37. Re:Their book... by Anonymous Coward · · Score: 0

      A man has the right to the product of his mind, and to do with it what he sees fit.

      Great. You come up with a completely original idea, and I will gladly champion your right to exclusive control of it.

      Good luck. It's going to be tough coming up with something that is purely the product of your mind, and not largely built on other people's ideas -- which, by your logic, you should be forced to beg all of them (or their heirs) individually for permission to use. (Good luck finding the rightful owner of the concept of the wheel.)

      If you believe you had a right to the text of a book, to do with it as you pleased, then why didn't you write the book in the first place?

      This is a major problem with the patent system: if I, completely independently, come up with the same idea that someone else has already thought of, unbeknownst to me, then they can claim all ownership of the idea, even though I thought of it and didn't know anything about their work.

      A man sure doesn't have the right to the product of his mind under the current patent system.

    38. Re:Their book... by timq · · Score: 1

      How do you want to meaningfully discuss this issue if you haven't even understood there are different concepts called "copyright", "patent" and "trade secret"?

      "Hide-your-plans" is exactly what everybody is still doing because it's the only thing that actually keeps your ideas from being copied.

      It's either intellectual or property but not both. Welcome to reality, my friend.

    39. Re:Their book... by Anonymous Coward · · Score: 0

      I agree. Personally, I prefer to think of "IP law" as "TAIM (Temporary Artificial Idea Monopoly) law" as it better captures what's supposed to be happening.

    40. Re:Their book... by smoker2 · · Score: 1

      If it's written down (as it must be, no-one can hold the entire schematics of a cpu in their head) then don't show it to anybody and it's safe. It's not intellectual property, it's a trade secret. Once you build the thing, anybody who can take it to bits and learn how it's constructed, is not stealing your intellectual property, they would be breaking either patent or copyright law, whichever it was protected under to begin with. Intellectual property is the possession of anybody with an intellect, you can't legislate against knowledge, only specific and truly unique and un-obvious implementation (see the software patent debacle).

    41. Re:Their book... by cliffski · · Score: 1

      well said, although I not with tedious predictability that someone who hates having to pay for stuff, and can't argue their case has modded you down anyway.
      It can be sad watching the warez kids defend their ludicrous position.

      --
      DRM-free indie games for the PC and Mac: Positech Games
    42. Re:Their book... by Theaetetus · · Score: 1

      Invention did not suddenly come into existence with the introduction of patents. How did people get paid for their work before then? There clearly must have been some profit to them, or they wouldn't have bothered.

      Protections for intellectual property have been around for at least two thousand years, since the ancient Greeks... I suppose you're right, though - not much has been innovated since then.

    43. Re:Their book... by Draek · · Score: 1

      Considering this post, Britney Spears' latest album, the molecular components of Viagra and IBM's latest business model are all considered "IP", I'm not surprised.

      --
      No problem is insoluble in all conceivable circumstances.
    44. Re:Their book... by Draek · · Score: 1

      See why the term "Intellectual Property" should be thrown out? you misinterpret the GP's argument against the term as being against anything under that term, then proceed to defend it with examples from software, videogames and movies. What's worse, you could've also used ones from books, music, photographies, drawings, pharmaceutics, business methods, mechanical devices, CPU designs and even goddamned logos!

      If you truly believe issues pertaining to all those should be discussed under only one umbrella, then defend the term "Intellectual Property". If, on the other hand, you agree with us that the issues affecting software are drastically different than those pertaining to pharmaceutics and company names, then you'll agree with us that using the term is, in itself, stupid.

      --
      No problem is insoluble in all conceivable circumstances.
    45. Re:Their book... by jcnnghm · · Score: 1

      If, on the other hand, you agree with us that the issues affecting software are drastically different than those pertaining to pharmaceutics and company names, then you'll agree with us that using the term is, in itself, stupid.

      The thing that they all have in common is that they're all property that has value. Software, pharmaceuticals, and company names are all excellent examples. I've already explained the value of software in the GP post. The brand name Coca-Cola, the world's most valuable, is worth about $67 billion. The reason for this is the Coca-Cola logo, color scheme, layout, and name have been associated in such a way with their product, that it's immediately recognizable around the world. Developing this brand recognition doesn't come cheap, and without being able to protect it, no company would pay to develop it in the first place, and it would be vastly harder for consumers to quickly identify and recognize quality, or crappy, products.

      Pharmaceuticals are also a great example, because without the ability to sell the drug, or prevent others from coming in and selling the drug for only the manufacturing costs, it wouldn't be possible to develop new drugs. Between R&D and testing, new drug development is ungodly expensive. Without copyright and patents, only the government could afford to develop new drugs. Good luck if you have a disease that doesn't affect a large number of voters. Even more worrisome, if companies did continue to produce drugs, they'd do whatever they could to hide and protect the formulation, which would certainly stifle innovation.

      Like it or not, intellectual property is the correct term. It's all about protecting the value of something intangible so that development costs can be recuperated. The argument otherwise is kind of like the people that make the argument that games are overpriced because it only costs $0.25 to stamp the disk, and a few dollars to retail it. What they aren't understanding is that you aren't buying a disk, you're buying the game that cost $100M to build that's on the disk. If anyone can copy the product because there are no duplication costs, and you can never recuperate your investment, you can never afford to gamble and make the investment in the first place. This has absolutely nothing to do with evil greedy capitalists conspiring to bankrupt liberal college hippies by creating unlimited money printing presses with zero cost of duplication IP. You have to look further than what's immediately in front of you. There's a hell of a lot more to it than, it doesn't cost anything to make more of it. The supply is artificial. The fact is, if there were an unlimited supply, it wouldn't be able to exist in the first place.

      --
      You don't make the poor richer by making the rich poorer. - Winston Churchill
    46. Re:Their book... by Draek · · Score: 1

      The thing that they all have in common is that they're all property that has value.

      I think you're incorrect and that laws pertaining to property have no effect on copyright, patents et al, but IANAL so dunno really.

      Like it or not, intellectual property is the correct term. It's all about protecting the value of something intangible so that development costs can be recuperated.

      When you purchase a house, the legal benefits you get from it being your property are *not* about recuperating the development costs of it, so if that's your only basis for claiming it is property then you're wrong.

      And incredibly, the remaining ~95% of your post is just "anti-anti-IP" arguments, irrelevant when discussing the validity of the term itself rather than of the objects it refers to.

      --
      No problem is insoluble in all conceivable circumstances.
  5. Read it Online, Free by Bob9113 · · Score: 5, Informative

    They put their mouths where their money is, or something like that (too late in the day to be properly witty). Read it online for free.

    http://www.dklevine.com/general/intellectual/against.htm

    1. Re:Read it Online, Free by Anonymous Coward · · Score: 5, Informative

      That link is 2 versions old (from 2005), here's the newly released one:

      http://www.dklevine.com/general/intellectual/againstfinal.htm

    2. Re:Read it Online, Free by Bob9113 · · Score: 1

      Nice - wish I could mod you up - thanks!

  6. Good Luck With That by zobier · · Score: 0

    God, I hope that there is an eventual outbreak of common sense but I'm not holding my breath.

    Regarding "common sense" I guess it depends on how literally you define it, but if it's common in the sense of majority held opinion then its adoption can't be pandemic can it? What we're talking about is more like a paradigm shift in moral values.

    --
    Me lost me cookie at the disco.
    1. Re:Good Luck With That by agm · · Score: 1

      Don't forget that the GPL is effective because it is based on the protection of copyright.

    2. Re:Good Luck With That by zobier · · Score: 1

      Are you saying there would be no F/OSS without copyright? BSD seems to get by alright.

      --
      Me lost me cookie at the disco.
    3. Re:Good Luck With That by agm · · Score: 1

      No, I'm saying that the legal backing behind the GPL is copyright law.

      Take away copyright law and the GPL becomes ineffective in its current form.

    4. Re:Good Luck With That by Anonymous Coward · · Score: 0

      I hate this line of thinking. If there were no copyright there would be no need for GPL. The GPL uses copyright to essentially nullify copyright.

    5. Re:Good Luck With That by Anonymous Coward · · Score: 0

      A lot of GPL supporters are pretty okay with that - after all, it only inconveniences those who obey copyright law. In a free market (i.e. without copyright and patent monopolies), with binary only and source-available competing, my money would be on the latter. Some proportion of users would go with the former - there's one born every minute - but on the whole the source-availability would remain a huge advantage.

  7. Wrong by seanadams.com · · Score: 5, Insightful

    This vile proposal threatens to sacrifice shareholder value on the altar of the progress of the useful arts!

    Shareholders benefit because their money isn't going into lawyers pockets, and being lost to the invisible, incalculable cost of hindered progress.

    (yes I know you were being sarcastic. Sadly, that is actually the majority sentiment on this issue.)

  8. Genius... by brian0918 · · Score: 5, Insightful

    "They are calling on Congress to grant patents only where an invention has social value"

    And of course, such a thing as "social value" can be easily determined before the product has the ability to hit the market...

    1. Re:Genius... by DustyShadow · · Score: 2, Insightful

      Patents already have a utility requirement. The PTO and courts have pretty much ignored that requirement though.

    2. Re:Genius... by Verity_Crux · · Score: 1

      I don't think I like that phrase "social value" in this context. Does it mean we only allow patents on devices that improve your odds of getting a date? Or does it mean we only allow patents on devices that demotivate the truly motivated people in this country? (In which case I hope somebody got a patent on minimum wage and graduated tax levels.)

    3. Re:Genius... by Theaetetus · · Score: 1

      Patents already have a utility requirement. The PTO and courts have pretty much ignored that requirement though.

      No, they're quite serious about it. They just don't define it the way you do.
      Utility, in the area of patents, mean that something has a use. It does something. That's it. It's not required that something has economic or scientific uses - you can patent a toy or a game because it is "useful" for entertainment, or a new and nonobvious formulation of lipstick because it is "useful" for enhancing aesthetics.

      Trust me, you really don't want this broad definition of "use" taken away and replaced by a narrow definition of use strictly defined by a bunch of old white guys: cars that go over 45 mph? Not useful. Guns (with a left leaning Congress)? Not useful... etc.

    4. Re:Genius... by DesScorp · · Score: 1

      "They are calling on Congress to grant patents only where an invention has social value"

      And of course, such a thing as "social value" can be easily determined before the product has the ability to hit the market...

      Not to mention the very idea of letting Congress decide what's "socially valuable" for you. I think copyright is abused as it currently stands, but these guys want to throw the baby out with the bathwater. I think I'll say "no thanks" to their revolution.

      --
      Life is hard, and the world is cruel
  9. Don't forget... by Anonymous Coward · · Score: 0

    ... but copyright law is what gives the various FOSS licenses their bite. Lose that, and then MS or any other going concern can have a field day strip mining the stuff for closed-source use.

    1. Re:Don't forget... by David+Gerard · · Score: 1

      I'd say it'd be well worth it.

      Remember: they can't lock up what they do any more.

      --
      http://rocknerd.co.uk
  10. Why bother inventing... by drmemnoch · · Score: 1, Insightful

    ... or writing if someone else can come along and make money off your invention. Just imagine if Wal-Mart could print and sell and book they wanted without permission from the author or the publisher. What if they could take your program or product, have it made in China for a tenth of your cost and sell it for their own profit.

    I don't create the products I create for 'social good.' I create them to make money. If I come up with a unique and new idea, it's mine (or at least it belongs to the company I created it for.)

    Patents and copyright exist to ensure that the creator is protected. Sure there are problems with the way things are now, where patents are being given a little too freely, but to abolish copyrights and patents altogether is just absurd.

    --
    Those who can do... Those who can't get a certification from Cisco or Microsoft.
    1. Re:Why bother inventing... by QuantumG · · Score: 1

      Patents and copyright exist to ensure that the creator is protected.

      This is exactly why you should read their book.

      --
      How we know is more important than what we know.
    2. Re:Why bother inventing... by Tubal-Cain · · Score: 1

      Just imagine if Wal-Mart could print and sell and book they wanted without permission from the author or the publisher. What if they could take your program or product, have it made in China for a tenth of your cost and sell it for their own profit.

      Yay for them, I guess.
      People here constantly complain about the music the RIAA offers us. If WalMart can sell CDs without paying the artist (good luck to them in offering a better perceived value than .torrent), the professional music industry will die, taking all the half-bakes with it. Only the artists for whom making music is its' own reward will continue to do so.

    3. Re:Why bother inventing... by maugle · · Score: 5, Insightful

      While I agree that it has its uses, the current infinity-bazillion-year copyright goes way too far.

      Protecting your work from duplication for a time, allowing you to make money and, hopefully, finance future works? Good!
      Creating one successful work and living off it for your whole life while preventing anyone else from improving on it? Terrible, and sadly what we're dealing with today.

    4. Re:Why bother inventing... by TerranFury · · Score: 1

      Why bother inventing when you can be a patent troll instead and predict broad classes of "inventions" ahead of time without doing any actual work?

    5. Re:Why bother inventing... by techno-vampire · · Score: 0, Troll

      If I do, I'll buy it used. That way, they won't be forced to violate their principles by getting a royalty from the sale.

      --
      Good, inexpensive web hosting
    6. Re:Why bother inventing... by flaming+error · · Score: 1

      Perhaps abolishing copyright altogether is extreme. But what would the effects of it be? Perhaps people who are motivated only by the prospect of profit would never create anything ever again, and maybe that would be a real loss to society.

      But do you really think that if copyrights were abolished, no more music would be written? That nobody would ever write another how-to book, or tell another story?

      If there were no patents, do you think all technological progress would grind to a halt? That nobody would ever try to invent novel things? That nobody would try to build a better mousetrap, or a flying car, or travel to Mars?

    7. Re:Why bother inventing... by geekoid · · Score: 1

      SO you ahve nail a specific problem, and it's not a problem with the concept of patent, just patent abuse.
      [Insert awesome car analogy here]

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    8. Re:Why bother inventing... by QuantumG · · Score: 2, Insightful

      Better yet, you can read it online.

      It's freely available on their web site.

      http://www.dklevine.com/general/intellectual/against.htm

      --
      How we know is more important than what we know.
    9. Re:Why bother inventing... by cpt+kangarooski · · Score: 1

      There are other reasons, and even other ways to make money without needing a monopoly. Other factors drive progress, as well, often more than a monopoly could or does. Human civilization got all the way from clubs and cave paintings to guns and the Old Masters before either patents or copyrights were invented.

      I don't think we should totally abolish patents or copyrights, but neither should we think of them as absolutely essential. We should have them to the degree that they're useful for society (ideally to the degree that they are maximally useful), no more, no less.

      --
      -- 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.
    10. Re:Why bother inventing... by HornWumpus · · Score: 1

      Regarding patents.

      They would (and did) keep the process secret to protect their invention. A good idea still had much value and was always 'property' while kept secret.

      For example: How do you make a Stradivarius?

      If they had granted Mr. Stradivarius a patent he would have been able to spread the knowledge and make many more violins and money during his protected period.

      Then once the patent was public domain we would all have known his tricks. (Aside: You can't patent craftsmanship, You'd still have to be very skilled and have great wood to make a great violin.)

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    11. Re:Why bother inventing... by johnsonav · · Score: 1

      But do you really think that if copyrights were abolished, no more music would be written? That nobody would ever write another how-to book, or tell another story?

      Of course not. But, assuming some artists are just money grubbing sell-outs, without a lick of artistic integrity, those artists won't produce new music without the potential to profit. We'll end up with less art.

      Now, it's a trade-off. We end up with more art when we have copyright--which is a benefit; but we are limited as to how we can use it--a cost. The hard part is determining the optimal copyright scheme to maximize that cost/benefit function.

      --
      ... and that's when the C.H.U.D.'s came at me.
    12. Re:Why bother inventing... by Timothy+Brownawell · · Score: 4, Insightful

      ... or writing if someone else can come along and make money off your invention.

      Because you also make money off it.

      Just imagine if Wal-Mart could print and sell and book they wanted without permission from the author or the publisher. What if they could take your program or product, have it made in China for a tenth of your cost and sell it for their own profit.

      Good for them. If there's enough volume for them to do this profitably, then I've probably already made enough money and can move on to something else.

      If I come up with a unique and new idea, it's mine (or at least it belongs to the company I created it for.)

      Why? And what happens when someone else has the same idea later, should they be denied the right to their own thoughts?

      Patents and copyright exist to ensure that the creator is protected. Sure there are problems with the way things are now, where patents are being given a little too freely, but to abolish copyrights and patents altogether is just absurd.

      This protection comes at the public expense. And since it appears that this expense is greater than the benefits resulting from the protection, not abolishing copyright and patents is what is absurd.

    13. Re:Why bother inventing... by mooingyak · · Score: 1

      Perhaps people who are motivated only by the prospect of profit would never create anything ever again, and maybe that would be a real loss to society.

      It's not necessarily profit for the sake of profit.

      Let's say I'm an author. And I have a family. My family and I need a dwelling, food, and assorted other basics.

      If I can't profit from my writings, it means I need to do something else to make money. And that time spent doing something else is time NOT spent writing. We end up restricting our pool of authors to those people who for whatever reason can get away with not working for the amount of time it takes to produce something.

      Copyright is a useful concept. It's gotten itself to some fairly absurd terms nowadays, which is the bulk of the problem.

      --
      William of Ockham had no beard. The most likely explanation is that it was chewed off by squirrels every morning.
    14. Re:Why bother inventing... by Anonymous Coward · · Score: 0

      Exactly. Patent trolling isn't just "a horrible scourge upon IP". Patent trolling is the logical conclusion of outsourcing. All sorts of companies are dropping engineering departments, customer service etc. Let everything be done by someone who specializes in it. Dell makes computers by having various firms in China bid against each other for the right to assemble the next few batches.

      The surface thought is: R&D companies will pop up and invent for profit.

      This takes time and as many consultants would, these would often greatly pad inventions. If they made a design you liked but charged too much, you couldn't threaten to hire another company to invent something similar, they'ed have the rights on the original design. Being a company specializing in patents, they would have a legal team to hold onto what was theirs.

      Still, good IDEAS are a dime a dozen. If you wait around, something useful WILL be made. The only problem is making sure YOU get it and not a competitor. Even if you WERE researching something, the mythical guy in the garage who started on it 10 years ago might not want to sell it to you. You could lose your investment.

      The obvious solution, COMPLETELY freelance it. But if you patent now and offer contests, people expect to get screwed, as in getting pennies on the dollar. Perhaps getting a flat sum instead of a royalty.

      So... patent trolling. Patent now, wait, having a set of people googling for news so you can swoop in and take it. You can buy a fleshed out version of the invention that works and just needs tinkering for safety, marketability and extra features for the price of a patent and a small payoff to the independent inventor. All this and you get to reduce your R&D department to 1 or 2 guys thinking of things to patent, folding the rest into the legal department.

      This is the logical result of the company looking to scrap every job possible and outsource everything possible. Meaning? Those who have steered the world of business where it is, like this way of doing things, this is NOT considered broken by the movers and shakers. (Those who profit off of it.)

      Likewise, why do companies favor the short-term so much? Why is long-term unimportant? Companies are not owned by someone looking to keep them going forever, they're essentially run by investors who consider fluctuation of stock price to be more important than keeping an experienced work force who knows what they're doing. The constant cycles of layoffs DO harm a company in terms of staying power, but as far as the owners (share holders) are concerned, who cares? It only needs to stay together until just after they unload their shares.

      This also explains the increasingly insane pay of top executives. Essentially, since the new job of a company isn't to produce, but to play with numbers, the executives ARE the ones doing the firms work. Everyone else is filler to provide a context for the executives to work their magic. Being the best is actually a bad thing, it means there's nowhere to go. (Unless you can convince people you'll dominate even more.) This is why Google was important long before they could shake a fist large enough for MS to see. It's not what you can do, but what you can sell others on your ability to do, to bump up share prices.

    15. Re:Why bother inventing... by noz · · Score: 1

      I don't create the products I create for 'social good.' I create them to make money. If I come up with a unique and new idea, it's mine (or at least it belongs to the company I created it for.)

      Perhaps this justifies the patent and copyright system; perhaps.

      Pretend that the system protects innovation, granting the creator the capacity to exploit their invention, but also protects the community against monopoly. Surely then the term of protection would be closer to 5 years than 70: more than enough time to produce, not enough time to withold the invention from competitors, impinging social good.

      You also do not address the issue of quality. Some have said for "social good" only. On this I am not too sure. What I do know is Amazon's 1-click patent is inappropriate. People click buttons on websites. But if your website involves (a) buying something, and (b) clicking a button once, you have violated their "innovation"! Perhaps if they invented a new kind of button! But buttons exist already exist, and you can click them once. Therefore they have not invented anything.

    16. Re:Why bother inventing... by JoeMerchant · · Score: 1

      The infinite copyright isn't there for the benefit of the author, it's there to feed the machine that produces, promotes and distributes the work. In short, it's there for Warner Brothers, Fox, and the rest of them to continue to profit from their back catalogs, and if the time limits start to run out on something that generates more revenue than it costs to lobby for a law change, guess who's going to lobby for a law change (again.)

    17. Re:Why bother inventing... by Ozlanthos · · Score: 1

      How about I just hoard my discoveries and creations for myself? I could give a damn about "social good". If someone is to decide what I do with my creations, IT IS GOING TO BE ME!!! The rest of society can burn to a cinder. If I do not get compensated properly for the invention I create, then what is the point of my making it? The reason "infinity plus a zillion years" is good is because if some company out there has anything close to what you have made, they can hold you up in court battles long enough to either make you uninterested in fighting them for the right to make it, or you go broke on legal fees and are forced to sell it to them to pay off your lawyer. I should have sole discretion over my works...period. No country, state, church, company, or individual should be able to profit from it unless I grant permission. In my mind people who argue against this view, are too lazy to create their own works and as such have no recourse but to try and steal and profit from other people's work. Go die leaches!!! -Oz

    18. Re:Why bother inventing... by stinerman · · Score: 1

      I, for one, would stop posting on slashdot. I demand my posts be copyrighted. One day I could sell these for a small fortune!

      Kidding, of course. I've waived my copyright on my posts.

    19. Re:Why bother inventing... by Rob+the+Bold · · Score: 1

      I don't create the products I create for 'social good.' I create them to make money.

      Unless your product is a currency printing machine, how does it make money if it's not for 'social good'? To put it another way, why would a member of society buy something that they didn't think would make something in their life better (or less bad)?

      --
      I am not a crackpot.
    20. Re:Why bother inventing... by Anonymous Coward · · Score: 0

      "it's mine"

      well, you can keep it. noone's forcing you to use it anyway.

    21. Re:Why bother inventing... by Anonymous Coward · · Score: 0

      Protecting your work from duplication for a time, allowing you to make money and, hopefully, finance future works? Good!
      Creating one successful work and living off it for your whole life while preventing anyone else from improving on it? Terrible, and sadly what we're dealing with today.

      Why is it bad to live your whole life off of one successful song or movie, or whatever, but you wouldn't complain if I made a great car and made money selling it for the rest of my life?

      And if you ARE against me selling a model of car for the rest of my life, what's your remedy for it?

    22. Re:Why bother inventing... by AcidPenguin9873 · · Score: 1

      Good for them. If there's enough volume for them to do this profitably, then I've probably already made enough money and can move on to something else.

      There is always enough volume for anyone to do this. If I can get something for $0, and if that thing has any value at all - entertainment value, real-life utility, whatever - then I've just profited since I paid $0 for something of value. Economies-of-scale or volume discounts or anything do not apply; it can happen with a volume of 1. Example: downloading music for $0 from a P2P network.

      When something costs $0 to replicate, the "free-market price determination" method of pricing it (like Slashdotters like to so often quote) just plain does not work. The market will *always* settle on $0 as its price, regardless of its value, simply because it's possible to get one for $0, not because it is worth $0.

      The cost of producing that thing isn't in replicating it, it was in its initial creation. That is, the entire cost was in creating ONLY the first one...none of the rest of them cost anything. But, unfortunately for the creator of that thing, the marginal cost ($0) does not reflect the value. The creator is now denied from amortizing the creation cost of that thing over more than one sale of the thing.

    23. Re:Why bother inventing... by Anonymous Coward · · Score: 0

      > Human civilization got all the way from clubs and cave paintings to guns and the Old Masters before either patents or copyrights were invented.

      You forgot the rest of the sentence: "... and it only took us 8,000 years!"

    24. Re:Why bother inventing... by brit74 · · Score: 1

      Of course not. But, assuming some artists are just money grubbing sell-outs, without a lick of artistic integrity, those artists won't produce new music without the potential to profit. We'll end up with less art.

      That's a false dichotomy. There isn't 'true musicians' and 'money grubbing sellouts'. The fact of the matter is that human beings use multiple factors when making decisions. I certainly wouldn't keep writing software if I can't make money at it, if I can't buy groceries, if I can't pay my mortgage. Does this mean I'm just a "money grubbing" software developer? Does this mean I'm somehow less talented? No. I also suggest you extend your argument to other careers: pay the teachers, doctors, nurses, police officers, etc. a lot less money. Now, you'll only have the best ones left, right? It doesn't work that way. The fact of the matter is that you'll be pushing very talented people out of any field if you pull-out the chance to earn a living.

    25. Re:Why bother inventing... by brit74 · · Score: 1

      Perhaps people who are motivated only by the prospect of profit would never create anything ever again, and maybe that would be a real loss to society.

      It not about "people who are motivated only by the prospect of profit". It about the fact that people need to earn a living. Sure, a small percentage of people will always work in a field for no money, but you can't expect any nation to have a strong industry without paying people a living wage. The people who want to do the work for free will have to work a day-job on the side (leaving less time to do the intellectual work), and other people will give-up on the intellectual work altogether - choosing, instead, a career where they can actually pay their bills and feed their family.

      But do you really think that if copyrights were abolished, no more music would be written? That nobody would ever write another how-to book, or tell another story?

      If there were no patents, do you think all technological progress would grind to a halt? That nobody would ever try to invent novel things? That nobody would try to build a better mousetrap, or a flying car, or travel to Mars?


      That's a bad argument. Of course there would still be *some* music and *some* books written. Similarly, if you refused to pay doctors, nurses and teachers any money, you'd still have *some* people who would continue to work in health care and schools. It's just that the health-care system and education would collapse. People would leave those fields, leaving the remaining workers overworked and underpaid. It would send us back to a third-world health-care/education system. But no, there wouldn't be *zero* doctors and nurses and teachers working.

      So, here's your argument applied to another industry: "Health care should be free, and I mean really free - we pay no money to doctors or nurses, we pay no taxes to pay them. Perhaps the doctors and nurses who are only motivated by money will leave. But, if you disagree with my view that health-care should be a volunteer profession, then do you really believe that nobody would continue to work in health care? Do you really believe that nobody would ever try to heal another sick person? Obviously, some people would continue to work in health care. Thus, I think you have no option but accept my claim: doctors and nurses should be forced to work for no pay."

    26. Re:Why bother inventing... by Bryan+Ischo · · Score: 1

      Your comments are quite rational and I agree with everything you say EXCEPT that "infinity plus a zillion years is good". This contradicts your own preceding statement that only you should decide what is done with your creations. After you are dead, you can no longer make this decision, so the copyright should die with you.

      I think it's reasonable to talk about how many years a copyright should remain in force, but NOT reasonable to say "forever" and also not reasonable to say "never". Copyright is a valuable tool in creating markets for the kinds of products that everyone benefits from - intellectual works.

      My vote would be for something between 10 and 20 years. That seems long enough for an author to benefit from their work, and gives them enough time to create a new work to derive profit from before the current one expires.

    27. Re:Why bother inventing... by Bryan+Ischo · · Score: 1

      That is a good point. I think that many people probably *would* want to somehow limit the duration of profit that a person could receive from a single creative work, such as a designed car that you can then profit on as long as that model continues to sell. However, as you pointed out, such limits are not practical because they would introduce unnatural limits on your freedom to profit.

      However, copyrights are *already* "unnatural" because they are wholly defined and defended by the government. In this context, because we *can* limit them, I think we *should* just as we *would* if we *could* do so for your example ...

    28. Re:Why bother inventing... by brit74 · · Score: 1

      If WalMart can sell CDs without paying the artist (good luck to them in offering a better perceived value than .torrent)...

      So - Walmart *can't* make a profit from selling ripped-off copies of someone's CD because of piracy, but piracy doesn't hurt the artist because, apparently, if the musician sold CDs directly, piracy wouldn't harm *his* CD sales in the least. Uh-huh.

      the professional music industry will die, taking all the half-bakes with it. Only the artists for whom making music is its' own reward will continue to do so.

      Right - the only *real* artist worth listening to is someone who has to work a day-job to make ends meet. And, presumably, the only software worth buying is from the software developer who doesn't get paid, the only movies worth watching are produced by movie-producers who don't get paid, ... Hey, I think doctors, nurses, and teachers shouldn't get paid either - afterall, if we stopped paying them, then only the people who *truely* cared about their patients and students would be left.

    29. Re:Why bother inventing... by Timothy+Brownawell · · Score: 1

      If I can get something for $0, and if that thing has any value at all - entertainment value, real-life utility, whatever - then I've just profited since I paid $0 for something of value.

      This only really works if your time is worthless.

    30. Re:Why bother inventing... by cliffski · · Score: 1

      and yet with physical property, ownership is infinite.
      And people grow up knowing they will inherit daddys fortune and thus slack their way through life.

      Nobody ever complains about THAT, because they hope to inherit from mommy and daddy too. The reason people whine at intellectual property, whilst defending furiously physical property and land ownership is purely self interest, and a cynical attempt to cling on to what's coming to them, whilst getting other peoples work for free.

      --
      DRM-free indie games for the PC and Mac: Positech Games
    31. Re:Why bother inventing... by cliffski · · Score: 1

      Lets say I'm an immigrant worker. I can do your job perfectly as well as you can, but I can do it for free.
      Absolutely for free.
      And nobody can tell the difference between my work and yours.
      I'm applying for your job this afternoon. Every other job in the same field is also being applied for by similar people. It's taken you your whole life to train to do this.
      How are you paying your grocery bill next month?

      --
      DRM-free indie games for the PC and Mac: Positech Games
    32. Re:Why bother inventing... by JasterBobaMereel · · Score: 1

      "Patents and copyright exist to ensure that the creator is protected"

      No they exist to *reward* the creator, not to protect them. Specifically patents exits to reward them for documenting the idea rather than hiding it forever, and copyright rewards them for publishing their idea by giving them control of how it is used

      It is a reward given by the government to encourage them and others to come up with more ideas and not to hide the ones they have... the current system seems to encourage people not to come up with more ideas (they can live off the ones they already have so why bother) and to so restrict the market as to stifle use of the idea

      --
      Puteulanus fenestra mortis
    33. Re:Why bother inventing... by JD-1027 · · Score: 1

      If I come up with a unique and new idea, it's mine (or at least it belongs to the company I created it for.)

      I picture a 3 year old with a toy that he doesn't want to share. "MINE, MINE, MINE"

      Any time you want to join us in society, let us know.

      Sorry for being harsh.

    34. Re:Why bother inventing... by Anonymous Coward · · Score: 0

      Absolute rubbish. physical property is analogous to a single copy of a recording - a car is the information pattern of a car impressed on a physical substrate. A song is the information pattern of a song impressed on a physical substrate.

      We can both own cars, even the same car. We can both design and sell highly similar cars (modulo patents, which are different to copyrights).

      The confusion of "all copies" and "one copy" is the fundamental reason imaginary property is flawed. You can have imaginary property rights over all copies, but they intrinsically steal from physical properties rights over individual copies.

      Too many copyrightists, usually justified with some retarded "labor theory of value" (the idea that something is "worth" the work put into it, obviously false if you think about it) think their claims are analogous to physical property. They aren't. They just aren't. That's why they ring very hollow.

      And everyone is a net "consumer" (not that information is consumed - when you read something, after all, you're making yet another copy into your brain's data store!) of information. If copyrightists do moan, hand them a linux cd ("worth" billions of programmer time) and a cookie. If they say "but I didn't ask for a linux cd" - I didn't ask them to produce and release copies of their crap!

      If you don't want something copied, I respect your right not to release it.

    35. Re:Why bother inventing... by Ozlanthos · · Score: 1
      I'd love to agree with you on some sort of in-between. If I didn't think it would be just the beginning of another slippery-slope along the same lines as "The reason "infinity plus a zillion years" is good is because if some company out there has anything close to what you have made, they can hold you up in court battles long enough to either make you uninterested in fighting them for the right to make it, or you go broke on legal fees and are forced to sell it to them to pay off your lawyer."

      Personally I think you should retain the privilege of exclusive control over your IP until such time as you decide to pass it on, or license it out to another party. Then you lose whatever control you give up "in the licensing contract" and have no claim over derivative works created by other people afterward.

    36. Re:Why bother inventing... by Draek · · Score: 1

      What if they could take your program or product, have it made in China for a tenth of your cost and sell it for their own profit.

      Then so can their competitors, driving the price towards the manufacturing cost and content producers to make new stuff so they regain their competitive advantage, and the cycle starts anew. Capitalism 101.

      I don't create the products I create for 'social good.' I create them to make money.

      I create the products I create for my own use, and if they benefit society too, good for them. More than 90% of the world's software is made for personal/internal use, whether by individuals or corporations, and that's a well proven fact.

      --
      No problem is insoluble in all conceivable circumstances.
    37. Re:Why bother inventing... by Draek · · Score: 1

      By getting a new job. Sucks to be me, Joe Carriage Driver in the post-Ford era, but Sun-Tzu said it best: you cannot stop progress.

      --
      No problem is insoluble in all conceivable circumstances.
    38. Re:Why bother inventing... by cliffski · · Score: 1

      how is killing off all incentive to create new entertainment 'progress'?
      what total fucking bullshit.
      People will parrot any old crap if it makes them feel better about stealing music and movies. it's truly kinda sad.

      --
      DRM-free indie games for the PC and Mac: Positech Games
  11. Nonsense by Anonymous Coward · · Score: 0

    If it wasn't for patent and copyright protection, the large software companies never would have gotten large... and the open source movement would never have had anything to copy!

  12. Do as I say, not as I sell. by Anonymous Coward · · Score: 0

    "Newswise â" Abolishing patent and copyright law sounds radical, but two economists at Washington University in St. Louis say it's an idea whose time has come. Michele Boldrin and David K. Levine see innovation as a key to reviving the economy. They believe the current patent/copyright system discourages and prevents inventions from entering the marketplace. The two professors have published their views in a new book, Against Intellectual Monopoly, from Cambridge University Press."

    The irony of two economists calling for copyright abolishment while releasing their book under the same is black hole extreme.

    1. Re:Do as I say, not as I sell. by techno-vampire · · Score: 1
      The irony of two economists calling for copyright abolishment while releasing their book under the same is black hole extreme.

      I believe that the word you're looking for here is "hypocrisy."

      --
      Good, inexpensive web hosting
    2. Re:Do as I say, not as I sell. by John+Hasler · · Score: 1

      Perhaps they feel that their book has "social value".

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
  13. Limited Time by sanosuke001 · · Score: 3, Insightful

    I'm not sure getting rid of either entirely would be the best option but I don't see much use of limits being longer than five years. Protection is supposed to give the original creator a short monopoly to give them, and others, incentive to create more. As it is now, someone can make something and sit on it for the rest of their lives; where's the incentive?

    --
    -SaNo
    1. Re:Limited Time by Theaetetus · · Score: 1

      I'm not sure getting rid of either entirely would be the best option but I don't see much use of limits being longer than five years. Protection is supposed to give the original creator a short monopoly to give them, and others, incentive to create more. As it is now, someone can make something and sit on it for the rest of their lives; where's the incentive?

      Just to draw a distinction... you appear to be talking about copyright, because in utility patents, you're limited to 20 years, so unless you're getting on there, you can't really "sit on it for the rest of your life". Plus, the patent might take 5 years to issue, so you only get 15 years.

      But as for patents... The point of the protection and the "short monopoly" is to allow the inventor or author time to recoup their investment in research and authorship. The reason that patents and copyrights encourage innovation is that, once you've sunk 2-3 years of research costs and time, you can then make that up over the following several years and profit by your hard work. This leads to an important realization - time to recoup is different in different fields.

      Maybe software should be a 5 year term (though, then software needs an accelerated examination procedure so that you can get the patent within 6 months to a year). But automobile or airplane engines? Those take years to develop and innovation is really slow. A 20 year term doesn't stifle innovation the way it does in software, where even 10 years = obsolete. And pharmaceuticals? As much as we hate the bastards for charging so much for their drugs, the average time from lab to market is 10-15 years, with all the human trials they have to go through, and the average cost is in the hundreds of millions. It takes a while to recoup that investment, and maybe drugs could be cheaper if we give them a longer-than-20 year term.

      In essence, an arbitrary "5 years" or "20 years" doesn't work well for the myriad industries covered by patents.

    2. Re:Limited Time by geekoid · · Score: 1

      While some people may do that, it can take a long tme to bring something to market. @0 years is a fine time limit.
      Maybe some wording that the owner has spent reasonable time to bring the product to market? Or has to show intent to bring the product to market?
      Both those would limit large organizations from sitting on patents.

      If your a small inventor, then you are looking to make money, not sit and watch it rot.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    3. Re:Limited Time by caitsith01 · · Score: 1

      I think it is necessary to distinguish between patents and copyright.

      Patent = limited duration government-backed monopoly in exchange for eventually putting the details of how to do/make the thing in question into the public domain.

      Copyright = protection of creative expression from exploitation by third parties in recognition of the efforts of the creator.

      Patents are naturally fairly short, because otherwise there is likely to be little value in the idea in question by the time the monopoly is lifted. Patents are useful because the specific ideas they protect give us new and better ways to do things.

      Copyright, on the other hand, is not directly premised on the notion of an exchange of a particular idea for value (you get a monopoly, then we all get to use your idea). Instead, it is designed to make the act of creation financially rewarding in and of itself by providing a mechanism by which the creator can exploit the work. This has the general effect of making creative work an appealing thing for people to do, which means that overall more creative work will (theoretically) be done.

      You could, of course, choose not to patent a great idea you have, but instead keep its details secret and make your money by producing items or services using the idea. If you can manage to do this in a way which cannot be reverse engineered, or by being so far ahead of the curve that others cannot effectively compete with you, then you can make money from your idea indefinitely without patenting it in any way.

      In addition, an idea expressed in a copyright work would not itself be protected - it is the expression only, not the idea, which is protected. So if I write a copyright book which explains how to do or make a particular thing in a better way, there is absolutely nothing to stop you using my book to do or make the thing in question, so long as you avoid reproducing my words verbatim.

      --
      Read Pynchon.
    4. Re:Limited Time by JoeMerchant · · Score: 1

      Maybe the field needs to be split somehow - big (say $100M) productions can pay for longer copyright. Maybe you get the first 5 years for free, then year 6 costs $100, year 7 costs $200, year 8 costs $400, 9-8, 10-16, 11-32, 12-64, 13-128, 14-256, 15-512, 16-$102,400, etc.

      If something is still bringing in the big bucks 20 years after it was released, let the copyright stand, just kick back $1.6M to the government in return, hell, I'd be willing to let a _single_ work maintain copyright indefinitely if it continued to pay taxes on that scale.

    5. Re:Limited Time by Bryan+Ischo · · Score: 1

      That is such a thoroughly fantastic idea. I will champion it as best I can. I wonder why the people who make policies on these things never think of solutions this good?

    6. Re:Limited Time by j-beda · · Score: 1

      Patent = limited duration government-backed monopoly in exchange for eventually putting the details of how to do/make the thing in question into the public domain.

      Copyright = protection of creative expression from exploitation by third parties in recognition of the efforts of the creator.

      I think that copyright is also supposed to be an incentive to increase the public domain, rather than any sort of "recognition", at least that's how the US constitution describes it.

  14. shorter societal consumption/production loop. by gowanus · · Score: 1

    if you just said 15 years only for original owner and unextendable except by original founder(a person, no corporations) it would curb the problem.

    use it or lose it. the iteration time of mass use or mass distribution is far less than historically. you should be able to, with any substantive effort, make your mark/dollars in that time.

    i am hard pressed to see damage to society by shortening the feedback loop.

  15. As a Zombie-artist by Killer+Orca · · Score: 2, Funny
    I oppose this proposed abolishment of all Copyright. Anyone who does should suffer the same fate that I have: die in a drug-induced sex-binge only to come back to life, unable to earn money on songs written 'yesterday' relative to myself.

    Furthermore I submit that royalties be amended to include BRAAAAAINS.

  16. Re:Why would we listen to economists? by Max+Littlemore · · Score: 5, Insightful

    Your post starts with the assumption that simply because they are economists they are not worth listening to before suggesting critical thinking as a positive thing that most of the slashdot readership do not engage in. This is either an example of an American not understanding irony or a brilliant piece of irony.

    You then use the term 'reds', an old propagandist word, as if 'reds' are inherently bad before highlighting "China's lack of respect for IP" as if IP has real meaning beyond your own mindset, as if it is a part of reality that exists outside of you political environment. In doing this you demonstrate that you are not flexible enough to think within the bounds defined in the fine article which has clearly stated that intellectual property is a modern propagandist word.

    Even if you disagree with that premise, it is important to take that concept on, suspend disbelief if you will, in order to understand the whole point of what they are saying. You are unable to do this, apparantly incapable of critical thought, so you can only miss the point.

    Oh, and the 1950's called. They'd like their bigotry back.

    --
    I don't therefore I'm not.
  17. imaginary property? by Anonymous Coward · · Score: 0

    just keep that in mind when you're in a real jail cell getting fucked by a meth dealer.

    you dirty faggots want everything for free. the only thing you deserve is AIDS so you die like a little faggot.

    1. Re:imaginary property? by MrEricSir · · Score: 1

      That's what those criminal scum deserve for singing "Happy Birthday."

      --
      There's no -1 for "I don't get it."
  18. Copyright definitely kills innovation by systemeng · · Score: 4, Interesting

    I went to ye olde library today to get copies of 2 Articles from the Journal of Applied Polymer Sciences, a Wiley Interscience Publication. Xeroxing the articles under fair use from the library was free for me.

    The Whiskey Tango Foxtrot Moment came when I checked online to find out how much it would cost to subscribe to the journal. I thought someone misplaced a decimal point: $23,245 a year is the institutional subscription rate! That's about what I paid yearly in college tuition back when I was in college. Even worse, it's almost the value of the lab equipment I'm using in the work I've been doing on my own time.

    1. Re:Copyright definitely kills innovation by Anonymous Coward · · Score: 0

      how the fuck do you think they pay for research? are you so lunkheaded as to not understand this?

      just imagine all the 'innovation' there will be when you give out research findings for free. you think the government has too much say in science now? just you wait, you stupid fuck.

    2. Re:Copyright definitely kills innovation by Anonymous Coward · · Score: 0

      And of course those scientists and reseachers do tehir work for free and you are automatically entitled to it by merely existing.

    3. Re:Copyright definitely kills innovation by samweber · · Score: 1

      The cost of $23,245/year seems reasonable to me for an INSTITUTIONAL subscription. If you want a subscription for yourself, just get an individual subscription. Or buy the pdf's of just the articles you want. What's the problem?

    4. Re:Copyright definitely kills innovation by grenthar · · Score: 4, Informative

      You obviously have _ZERO_ idea how academic publishing works. Scientists usually have to pay hefty fees to submit their work to a journal. After that the papers are peer reviewed by other scientists. You might think the scientists who do the reviewing get paid. In fact they do not, it is typical to do this for free. Scientists want their work to be out there and be used by other people, who will then cite their work. When their work gets cited they gain standing and can get better jobs. Making it impossible for other people to get their hands on their research is definitely not in the author's interest. Furthermore, a good deal of research is paid for by tax or phianthropically funded grants. Yet another reason the results ought to be freely available.

    5. Re:Copyright definitely kills innovation by Anonymous Coward · · Score: 0

      I'm curious, before you started swearing at people and insulting their intelligence, did you check to make sure that the Journal of Applied Polymer science actually pays for submissions? I checked and can't seem to find anything suggesting that they do. On the other hand, they require the author of a submission to pay for color images when it's published, which seems to strongly imply that they, in fact, do not pay for submissions. So, in other words, they're not funding research. Are you so lunkheaded as to not understand this?

    6. Re:Copyright definitely kills innovation by Anonymous Coward · · Score: 0

      There is only an 'institutional' rate, so that's the individual rate, also.

    7. Re:Copyright definitely kills innovation by samweber · · Score: 1

      No, that's not true. Admittedly, the site is somewhat hard to navigate, but there is an individual rate.

      But the way to buy a pdf version of an article is pretty easy to find. It's surprising that you missed that.

    8. Re:Copyright definitely kills innovation by Anonymous Coward · · Score: 0

      bullshit dumb fuck. of course they pay for submissions. who the fuck would pay to submit when they're doing the fucking research? you're the dumbest asshole i've ever fucking met. you have no logic. you're probably some big dumb fags bitch.

      you have to pay for color print because it costs more to publish them. do you understand that you fucking idiot? they pay by the subscriber to the article. i can't believe you're really in the field and don't understand how these publications work. what a fucking shitball. don't be such a cunt.

    9. Re:Copyright definitely kills innovation by Rennt · · Score: 1

      Wow, this is why you don't don't do meth kids.

    10. Re:Copyright definitely kills innovation by poot_rootbeer · · Score: 1

      , a Wiley Interscience Publication. Xeroxing the articles under fair use from the library was free for me.

      The Whiskey Tango Foxtrot Moment came when I checked online to find out how much it would cost to subscribe to [the Journal of Applied Polymer Sciences]. I thought someone misplaced a decimal point: $23,245 a year is the institutional subscription rate!

      Sounds like an equilibrium of supply and demand to me.

      Let's say that the JoAPS has five fulltime employees, plus another five people at Wiley Interscience whose duties are split among all their journals. It could easily take half a million dollars a year to keep the journal running. At their current rates, they'd need 20 institutional subscriptions just to break even.

      If they sold the journal at a more typical newsstand rate, say $5/issue, how would they make money? Let's see, that would be 20 institutions at $60 a year, plus let's say another 50 institutions that decide to subscribe since it's affordable, plus ten independent polymer science hobbyists such as yourself... hmm, almost 1% of their expenses. I guess there would have to be some layoffs.

    11. Re:Copyright definitely kills innovation by systemeng · · Score: 1

      They don't post an individual subscription rate. There have to be a lot more than 60 institutions that subscribe. I'd also bet that almost all subscribing institutions have a deal where they get more than just that journal on a package deal. Since much of this research was funded by the government, I argue that we are paying for the information twice. I'd be happier myself if the information was free and they charged for the indexing. If you magnify the $23,000 a year subscription fee by the thousands of journals in a research library, there seems to be a huge cost to society involved.

    12. Re:Copyright definitely kills innovation by TheTurtlesMoves · · Score: 1

      I had to pay 2000 EU for the last paper I published out of grant money. I just finished reviewing some papers and got paid nothing.

      Math, and science research/knowledge should be free to all. Yes, by merely existing I believe you have that right. Access to Knowledge is not the domain of the upper class.

      --
      The Grey Goo disaster happened 3 billion years ago. This rock is covered in self replicating machines!
  19. Imagine... by Anonymous Coward · · Score: 0

    Imagine having a copyright on the Bible.

    1. Re:Imagine... by flibbajobber · · Score: 1

      Most Bible translations are copyrighted. I think the King James version is about the only [English] translation no longer in copyright.

  20. Reject the premise by rlseaman · · Score: 2, Insightful

    The issue here isn't "intellectual property". The issue is the property paradigm itself. Whether or not the proprietary period has been lengthened ridiculously to benefit Disney, we all agree that intellectual property eventually returns to the public domain that nourished its creation. Newton wasn't the only one who has stood on the shoulders of giants.

    Why then do we assume completely and utterly that "real" property never expires? Why assume that once Manhattan was stol...er...purchased, that it remains purchased - not for 14 years - not for 100 years - not for the lifetime of Peter Minuit plus 75 years - not even for as long as the original Dutch nation retained possession - but rather, for ever and ever and ever?

    The concept behind inheritance taxes is that the wealthy got that way by receiving special benefits from the body politic. Thus there is an end to wealth of all types. At issue isn't how "intellectual property" differs from other types of property - perhaps to the extent of not even representing property - but how we have all bought into the absurd proposition that Bill Gates and Warren Buffett are somehow entitled - could possibly be entitled - to squat on billions in filthy lucre.

    All property is intellectual property. What is real estate but a deed? What is a car but its title?

    1. Re:Reject the premise by Anonymous Coward · · Score: 0

      What are you but a birth certificate?

    2. Re:Reject the premise by gnupun · · Score: 1

      If you don't like the concept of "property", are you willing to give away your property (land, wealth etc), to other humans or animals? Or are you only generous when it comes to "sharing" somebody else's property?

    3. Re:Reject the premise by cliffski · · Score: 1

      North Korea called. They want their philosophy back.

      --
      DRM-free indie games for the PC and Mac: Positech Games
    4. Re:Reject the premise by mcgrew · · Score: 1

      What is real estate but a deed?

      It's a place to live, a place to farm, a place to put your factory. Otherwise it would be useless.

      What is a car but its title?

      Well, I don't know about you but I use mine for transportation.

    5. Re:Reject the premise by rlseaman · · Score: 1

      Such a reply was expected. Note that I said no such things as you are asserting. Rather, I stated that all property is intellectual property. The extreme free software position is based on an assertion that the term "intellectual property" is an oxymoron, that IP is a meaningless idea. Rather the opposite is true.

      Consider - the "purchase" of Manhattan has survived a third party transfer twice - first from the Dutch to the English and second from English colony to the United States. What possible theory of legal ownership survives the extinction of the laws under which the contracts were made?

      As these words flow from my keystrokes, I assert a class of ownership of them. I expect that others will honor that ownership through proper quotation. I assent to whatever joint ownership this forum implies in order to gain the benefits (sometimes obscure) of Slashdot.

      I don't know about you, but the bank retains more ownership of my house than I do - and state law has quite a bit to say about the uses to which I can put my car. To reject all other historical notions of ownership - oh, say, the Potlatch - for either far right or far left absolutism is to miss the entire point of property in the third millennium.

    6. Re:Reject the premise by rlseaman · · Score: 1

      Yes, real estate and real cars are "real property". We understand what "real" means. At issue was the meaning of "property". Your response uses words like "yours" and "mine". Putting aside the philosophical questions of physical reality (what is a car but a bundle of quantum wave functions?), we are still left with the legal issues.

      I can put "my" factory on "my" real estate, but data ("intellectual property") managed by the banks and government still limit the uses of this physical property. In fact, without such IP and such organizations, what does ownership mean other than the opportunity to defend something with force?

      There is a legal theory underlying property. Perhaps copyright law and patent law (severally or together) have absolutely nothing to do with property law. More likely, however, the real issue here is broader than IP.

    7. Re:Reject the premise by mcgrew · · Score: 1

      what is a car but a bundle of quantum wave functions?)

      A solid object, unlike the bundles of quantum wave functions called "photons".

      data ("intellectual property") managed by the banks and government still limit the uses of this physical property

      Data are NOT "intellectual property". You can neither patent nor copyright data. If you arrange the data to become information, the way the information is presented can be copyrighted, but the actual information cannot.

      Your bank balance, your PIN number, your account number, are not "intellectual property" in the context of the topic of discussion - patents and copyrights.

      Perhaps copyright law and patent law (severally or together) have absolutely nothing to do with property law.

      In fact they don't. Your patent or copyright gives you a monopoly, but not ownership. So in fact the term "intellectual property" itself is not only a lie, but a damned one.

    8. Re:Reject the premise by rlseaman · · Score: 1

      Your bank balance, your PIN number, your account number, are not "intellectual property" in the context of the topic of discussion - patents and copyrights.

      Broadening the context of the discussion is the precise point I'm making. Hence the subject "Reject the premise".

      [T]he term "intellectual property" itself is not only a lie, but a damned one.

      This is the position taken by the free software cliche. It differs, for instance, from that of the open source folks. In fact, copyleft is layered on copyright. I'm merely asserting that the evident and egregious failures of the concept of "Intellectual Property" are broad failures of the notion of property generally, not just the intellectual/virtual/intangible part of the term.

      To gain productive traction on addressing the failures of systems like copyright or patent, one must engage with a theory of their nature that is rooted in reality. Simply chanting that IP is a damned lie is unlikely to realize your goals.

    9. Re:Reject the premise by mcgrew · · Score: 1

      OK, I'll expound: copyright does not confer ownership of anything. Neither do patents. They give you a limited time monopoly. You have a limited time monopoly on your rented house, your landlord has ownership.

      IP is not property; not the patent or copyright holder's property, anyway. If it is in fact property, it's owned by the general public, as patented and copyrighted works go into the public domain once their terms expire.

    10. Re:Reject the premise by rlseaman · · Score: 1

      And I'll expand. I understand your point. I'm no knee jerk lover of copyright and/or patent as they are currently formulated.

      However, ownership of real property is no more clear cut than assertions of ownership of intangible property (whether such actually exists). Most of the shortcomings attributed to malformed notions of "intellectual property" are actually shortcomings of applying the notion of ownership to anything whatsoever.

      "You have a limited time monopoly on your rented house, your landlord has ownership."

      A landlord's "ownership" is itself a complex legal entity. In particular, such notions have not historically scaled well to the very wealthy. Why, particularly, is it to either society's or the individual's benefit to promote the idea that a billionaire could possibly be entitled to the swag he has extracted from the larger economy? Having done so, to who's true benefit is the notion that this grotesque bolus of capital should be passed down to succeeding generations?

      It appears that the banks have recently lost more than the bankers ever "earned" from us. What fraction of financial whizzes will ultimately benefit from the game they've devoted their life to?

      Laws exist to govern systems of conduct. Those systems have a set of goals, whether such are ever overtly enumerated. There is nothing "of course" about any set of legal constructs - it certainly has never been deemed a question of what is fair.

      "IP is not property; not the patent or copyright holder's property, anyway. If it is in fact property, it's owned by the general public, as patented and copyrighted works go into the public domain once their terms expire."

      Suggesting that everything that exists is property, as you are implicitly doing so here by excluding the middle way, is patently absurd. The Earth and the Moon and the Sun and the Stars did not spring into being as property of anyone. Seizing wealth from the land or the sea does not magically create ownership. If "property" - of any sort - exists, it is as a work product of some civilization that is itself only a temporary tenant of the land where the property happens to reside. Why precisely, for instance, is the Great Pyramid considered to "belong" to the modern country of Egypt?

      This isn't just a question of individual property. Why assert that the general public (whoever that is) has any inherent property rights? Is "public domain" an assertion of joint ownership? Or rather an assertion of non-ownership?

      Reject the premise. Always reject the premise.

      Returning to the topic of the article, one is skeptical that eliminating copyright and patent - even if such an absurd notion were possible - will result in any better outcome than congress kowtowing to Disney every time Mickey's contract is up for renegotiation.

  21. What the hell is "social value"? by John+Hasler · · Score: 1

    Can we see an objective, non-ideological defintion?

    --
    Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
  22. Based on the incredible by geekoid · · Score: 1

    accuracy economist have been shown to ahve of the last couple of years, I can't see why they could be wrong~

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  23. Re:Why would we listen to economists? by HornWumpus · · Score: 0, Flamebait

    The article starts with an argument from authority (citing the men as economists). They raised the issue of their qualifications.

    It is reasonable to 'start skeptical' in all cases. This is especially true when dealing with economists. They simply don't have a good track record, particularly the leftest economists who have a 100 year record of being 100% wrong.

    Your an idiot if you think the reds aren't still running lots of social science departments at universities though. Granted that the only two places you can find reds these days in theme parks in Poland and 'western' universities soft science and *studies departments.

    You don't have to buy into an argument to take it apart. It helps not to. Companies always protected IP by keeping it secret, they are simply wrong about it being a new concept. Government protection of IP is at least as old as the USA (granting copyright is much too long now) but even before then companies and people protected their IP by simply keeping it secret.

    The '60s called. They'd like their idiotic idealism back.

    --
    John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  24. -1 Pedantic by Anonymous Coward · · Score: 1, Funny

    Where's a good -1 Pedantic mod when you need one?

  25. Different length for different product - by Lead+Butthead · · Score: 1

    Computer Software: 5 years
    Books: 10 years

    For the most part, computers goes "out of date" every 18 months, what insanity is it to give software indefinite length of protection? A lot of old 8 bit software we grew up with won't even run on most modern platform, but they're still "protected."

    --
    ELOI, ELOI, LAMA SABACHTHANI!?
    1. Re:Different length for different product - by QuantumG · · Score: 4, Insightful

      A lot of old 8 bit software we grew up with won't even run on most modern platform, but they're still "protected."

      One is due to the other.

      --
      How we know is more important than what we know.
    2. Re:Different length for different product - by Tubal-Cain · · Score: 1

      A lot of old 8 bit software we grew up with won't even run on most modern platform, but they're still "protected."

      This whole issue would be fixed pretty quickly if:

      1. American copyrights applied in South Korea (maybe it does?)
      2. Starcraft was one of those apps that didn't work anymore.
    3. Re:Different length for different product - by T.E.D. · · Score: 1

      A lot of old 8 bit software we grew up with won't even run on most modern platform, but they're still "protected."

      One is due to the other.

      Not true. A very good example would be M.U.L.E.. Lots of people would like to make clones or updates of MULE. Some have even done it. However, any such attempt violates the copyright of Dani Buten, who died in '98. So people who loved that game either have to get an 8-bit system running, break the law, or wait until its copyright expires in 2073.

      So perhaps when I'm 105 I can legally play MULE again. Assuming Congress doesn't retroactively extend Dani's copyright yet again

    4. Re:Different length for different product - by QuantumG · · Score: 1

      I don't understand why you say "not true" when you're clearly agreeing with me. For anyone else who missed the point: those old 8-bit games are not supported on modern platforms because the only person who is allowed to be interested in making them run on modern platforms is the copyright owner.. and they don't.

      --
      How we know is more important than what we know.
  26. Communism for ideas by Anonymous Coward · · Score: 0

    Who needs patents/copyrights, everybody will develop their ideas/gadgets/widgets/songs/movies and just give them all away for free.

    With communism, if you were a land owner, you were preventing the serfs from planting crops on the land. Thus, the government took you land and distributed it out to all the workers. If you owned a company, you were living off the sweat of the workers. Thus, the government owns all the companies so everybody gets a piece of the profits.

    BTW -- anybody ever find out how communism worked out? I heard they were doing something with that somewhere in Eastern Europe, but I kind of lost track of what happened.

    Patents & Copyrights are about incentive. Few people would go to work if they don't get paid. I know there is a culture of wanting things for free, but "free" don't pay the bills.

    If I spend 3 years of my life and $200K of my own money developing a great new widget, and these economists are telling me that anybody can make my widget? If so, why should I have wasted those 3 years and $200K. I'll just do what everybody else does and wait until a new idea comes along and copy it. Unfortunately, the more the copying happens, the less return on the investment because of the copying, the less investment. The less ideas are produced.

    With communism, the incentive is not to work, but to let the other guy work and live off of his work because everybody gets the same thing. What happens is that there is a race to the bottom to see who can do the least amount of work, thereby maximizing their return on effort spent. The same thing happens with intellectual property communism, why produce the intellectua property when you can just copy it and reap the same rewards. Sure, there are always going to be some altruistic few that will invent, write songs, film movies, and labor in the fields and factories because they want to or feel obliged to, but most won't.

    The "social value" is a nice amorphous concept that'll take a hundred lawyers several years to even begin to flesh out the meaning. If somebody is willing to pay money for it, then it has social value. If there nobody is willing to pay for it, then who really cares if there is a patent on it or not. If nobody wants to listen to the song, who cares if the copyright is for 2,000 years? However, it is the people who don't want to pay for the popular songs is what is driving the movement to ban copyrights. To me, it is selfish behaviour that will not spur ORIGINAL innovation or creativity.

  27. The flip side of monopoly abuse by shanen · · Score: 0, Offtopic

    The other side is that many companies refuse to pursue innovations unless they see parts that can be patented to lock in the monopoly returns. Lesser profits just aren't worth the trouble of pursing innovation as they see it these days.

    Alternatively, they can let some small company take the risks and just snatch it up (along with its patents) AFTER the bugs have been worked out.

    --
    Freedom = (Meaningful - Coerced) Choice != (Speech | Beer^2), and sad sock puppets' bad mods avail them naught.
    1. Re:The flip side of monopoly abuse by Anonymous Coward · · Score: 0

      Yeah. This sorta requires seed money. Which requires angel investor or venture capitalists. Which are non-existent now that there's no free money to throw at risky investments.

      So not so much.

    2. Re:The flip side of monopoly abuse by PopeRatzo · · Score: 2, Insightful

      Wrong, AC.

      What about 4 years ago, when there was a fuckload of venture capital floating around looking to be spent?

      The companies that already owned tons of patents were looking to do what? GET MORE PATENTS.

      Capitalism is Murder.

      --
      You are welcome on my lawn.
    3. Re:The flip side of monopoly abuse by decoy256 · · Score: 2, Insightful

      Capitalism is Murder.

      We've talked about this before, but there is a difference between capitalism, and corporatism. The two are often confused.

      What we have in America right now leans far more towards the Corporatism end of the spectrum, than true (pure) capitalism.

    4. Re:The flip side of monopoly abuse by marco.antonio.costa · · Score: 3, Interesting

      There is no 'Capitalism'. There is classical Liberalism, and there are other 'systems' that depart from it in degree, some more than others.

      Liberalism is more advantageous for everybody and benefits nobody in particular, while all systems we currently experiment today are attempts to favor certain groups while necessarily screwing everybody else in the process. Which is kind of why they're so popular today. :-)

      --
      Send your spendthrift head of state this
    5. Re:The flip side of monopoly abuse by decoy256 · · Score: 1

      There is no 'Capitalism'. There is classical Liberalism, and there are other 'systems' that depart from it in degree, some more than others.

      OK. That was just silly. "Capitalism" would be one of those "other systems" that you mention.

      Classical Liberalism (free market) economics is far better than what we have now, but it has its limits and there is a happy medium between the excesses of our current system and those of the TRULY Free Market. There should be some limited governmental regulation, but NOTHING to the degree we see today in the US.

    6. Re:The flip side of monopoly abuse by gnasher719 · · Score: 4, Informative

      The other side is that many companies refuse to pursue innovations unless they see parts that can be patented to lock in the monopoly returns. Lesser profits just aren't worth the trouble of pursing innovation as they see it these days.

      You've got that completely wrong. Due to the fucked up nature of the US patent system, patents are valuable to a company. Either for blackmailing companies that produce actual value, or for preventing blackmail from competitors. There is no innovation behind them.

      My company tries to get patents exactly for the reason to prevent blackmail from competitors, who have patents in the same area. That works quite fine, as long as our competitors are doing well because when they are doing well, they can't afford mutual destruction by patent lawyers. Where it goes wrong is in a case like RIMM, where they totally beat their competitor in the market place, so their competitor had no reason anymore to be afraid from RIMM's patent, and could use their own patents in an offensive way.

      The reason why my company innovates is not because of patents, it is because we want to offer our customers competitive products, so that they buy ours and not our competitors, and that way we make money. We do _not_ innovate to get patents. We do, however, like everyone else, turn our innovation and also our failed innovations into legalese to get patent.

    7. Re:The flip side of monopoly abuse by Arancaytar · · Score: 1

      But does "pure" capitalism exist in practice anymore than does "pure" communism?

    8. Re:The flip side of monopoly abuse by Espinas217 · · Score: 1

      Liberalism is more advantageous for everybody and benefits nobody in particular, while all systems we currently experiment today are attempts to favor certain groups while necessarily screwing everybody else in the process. Which is kind of why they're so popular today. :-)

      Do you really believe this? I think is just the opposite. The field is not leveled, there are (and always be) few people with a lot of power and a lot of people with little power. Without rules the ones standing on the top would remain there and increase their advantage over the others. Free markets leads to monopoly in most cases, and we know how that benefits us all.

      --
      La vida no es una pastafrola. :wq
    9. Re:The flip side of monopoly abuse by Ihmhi · · Score: 1

      The entire patent system sounds like a drunken game of Magic: The Gathering.

      "I tap five swamp and play Dread Patent Lawyer. 8/8, Haste, Unblockable, Lifelink, Litigious."

    10. Re:The flip side of monopoly abuse by debatem1 · · Score: 5, Insightful

      Ok, I'll step into the flamewar.

      When I see Enron and AIG and all pretty much lying to investors' faces, deliberately abusing the notion of deregulation, and eventually destroying tens of thousands of peoples lives, homes, and savings, I don't sit down and think "damn regulations!".

      Maybe I should. Maybe you're right and all the work that the EPA does, and DHEC, and the FDA- maybe it's all just a false savings, and the market could correct against them without government interference.

      Obviously, though, I wouldn't be writing this screed if I thought that were the case. I appreciate the phenomenal theoretical beauty of the informed participant model, both from a political and economic standpoint, but I cannot completely agree with it in practice. The fact is that liars are common, and their art is highly profitable. Deception, known in some circles as "marketing", is the bane of that theory, and the backbone of the modern economy. Add to that that our system is rife with the local dependencies that obliterate the free exchange of goods and services demanded by the founders of Enlightenment thought, and I simply cannot agree that economic issues should be allowed to ride roughshod over the social concerns of the day.

      So when I hear someone ranting about regulation, I have to stop and think- has this person never worked minimum wage? Never pondered the implications of the forty hour work week, or of working 80 hours at the age of 8? It seems foolish- shortsighted- for us to sit in the midst of our comfortable lives, griping about the difficulty of accruing more comfort, and pondering enacting a system virtually guaranteed to grind the comfort from our lives. Do you think we would live so well without those protections? If so, how? And how can you be sure that that is true for society in general, rather than just yourself, or me? I look forward to hearing your answers.

    11. Re:The flip side of monopoly abuse by mcgrew · · Score: 1

      The peanut company that sickened hundreds and killed a few was privately owned. I have yet to hear about the owner being arrested for negligent homicide, but I guess rich people don't go to prison in the US.

      But that wasn't corporatism that murdered those people, it was a rich man who killed for profit.

    12. Re:The flip side of monopoly abuse by Anonymous Coward · · Score: 1, Interesting

      "Ok, I'll step into the flamewar."

      Then have some balls and do it as AC. That may seem contradictory to some, but AC on /. means comments have to somehow come up on their own merit from 0 instead of the default view of 1 given to account holders.

      "When I see Enron and AIG and all pretty much lying to investors' faces, deliberately abusing the notion of deregulation, and eventually destroying tens of thousands of peoples lives, homes, and savings, I don't sit down and think "damn regulations!".

      And how many of those investors did you talk to? Part of being an investor is not going with the herd, but looking into the company's background. This is why the stock market often looks more like gambling, because it's has so much speculation from people who don't research and simply risk based on a good name (see Madoff).

      Case in point--how many of those investors actually bought the stock one or two degrees from the purchaser? Not many. Most bought it through funds, managed stock groups, etc. Investors didn't do the work themselves, end of story, but they sure like to complain afterwards.

      You also seem to like to pick and choose--you forget the $300 billion given to Freddie prior to AIG. Not a number heard too often in Democratic Congress land. It's easy for you to pick what the "liberal" media focuses on, because the media inherently does not work to produce material goods, so mental fabrication of stories are at the forefront of their minds--what does the reporter's personal views play into the story? To point, how often do you hear of a "good energy company" in the media? Or a good bank? They exist. The bad story takes precedent, because that is the nature of news. Most feel good stories are human interest ones (cop saves kitty in tree), not "look at that excellent company" (although you occasionally get them).

      Freddie was regulated. Freddie catered to those who supposedly otherwise wouldn't be. Freddie contributed to the screwing we got. If you make $30,000 a year and bought a $500,000 home, you were stupid and deserved to get screwed.

      If our government, made up from generally liberal voters given the recent elections, doesn't get flack for putting money in the hands of criminals, who the hell are we to complain after the fact that stimilus funds, TARP, and other bailout money isn't used properly? WE GAVE IT TO THEM. AIG screwed us you say? Then why did you give them MORE OF THE SAME?

      Government cannot regulate the businesses if the government themselves is and has been giving money to the business without strings.

      Further, something you don't seem to understand, the handouts are CONTINUING because everyone is on the government bailout ticket. The poor want money. The rich want money. The middle class want money. Bail out the middle class, help the rich, help the poor...

      And you think the answer lies in government regulation when the government cannot regulate itself? The government of the people, by the people, the people who you complain cannot regulate themselves?

      Maybe circular to you, but it makes a perfect explanation why we are in this mess and why we are unlikely to get out of it because of the "liberals." Hell, most of the stabilization coming from the economy are from industries liberals badmouth, want to rework, and complain about--farming (don't kid yourselves, see Obama's plans) and energy.

    13. Re:The flip side of monopoly abuse by Raffaello · · Score: 3, Insightful

      Exactly. The proponents of unrestricted free trade are like proponents of a frictionless physical world. Sure would be nice if it could exist, but the reality is that because of political manipulation (friction) the system is skewed so that some systematically benefit at the expense of others.

      Example: When a large corporation sends jobs overseas it's called "Free Trade" and they even get tax breaks for it. When an ordinary citizen tries to buy prescription medicine from Canada it's called "smuggling."

      WRT deregulation, you've also hit the nail on the head. Sadly, those advocating it don't even have a recent historical sense, much less a deep one. It took centuries to achieve things like a 40 hour work week, outlawing child labor, and outlawing slavery. These would *all* come back if we eliminated regulation. For those who doubt the last, slavery, because the efficient market would eliminate it, realize that slavery still exists and is on the rise

    14. Re:The flip side of monopoly abuse by marco.antonio.costa · · Score: 1

      Yes I do. The point is, the current rules do NOT level the playing field, they simply protect the politically favored market players from competition. They are designed to preserve people with a lot of power in place.

      The fact of the matter is, cartels, price-collusion, big mergers, they all failed miserably back in the time when we were much closer to true laissez-faire than today, i.e. late 19th century USA. That's because these schemes are very unstable in a free market since participants can always just walk out when it benefits them. Moreover companies that attempted consolidation were consistently undercut by a smaller, more efficient competitors.

      So antitrust laws and the rest of the 'progressive' political movement didn't happen because there was monopoly and it needed fixing. It was because of the lack of it. They are a direct result of a reaction from segments of business to declining profits due to the downward pressure on prices that is a direct consequence of free competition. They just wouldn't have that, and went to the government to fix it.

      With governmental support, cartels had a way do discipline their members by the force of law. And huge stable corporations become possible once the government issues regulations that used to be in the scope of the market, therefore hindering small companies while giving the big players a comparative advantage.

      I'd recommend both Antitrust and Monopoly and In Restraint of Trade as books that go more deep in this subject that I could ever could in a /. comment.

      --
      Send your spendthrift head of state this
    15. Re:The flip side of monopoly abuse by DrLang21 · · Score: 1

      Really? Because I see news references saying that the company was the Peanut Corporation of America (PCA). If you go to their website, you can see that their full title is Peanut Corporation of America, Inc., indicating that they are a corporation, not a sole proprietorship. It doesn't really matter if a corporation is owned by one, two, or 10,000 people. The corporate culture and the legal protections that come with it still hold. You would have to be a fool to start a business and not incorporate.

      --
      I see the glass as full with a FoS of 2.
    16. Re:The flip side of monopoly abuse by marco.antonio.costa · · Score: 0

      Well, that's what fraud laws are for. People who commit fraud really should be in jail.

      The thing is, regulation fails on two counts off the top of my head. One, if there were no SEC, Federal Reserve and FDIC people would take as much care, if not more, when picking banks, investment funds, etc, as they do when picking any other product in the market. What government does is take this individual decision away from people and substitutes it for a false sense of security.

      We all saw what happened, the SEC got many calls saying that something was up in the Madoff business did nothing about it. Which leads us to Two, the government and its agencies fail big just as anyone, except we are all FORCED to put all our eggs on their basket, sometimes against our better judgement.

      While I acknowledge this extreme example you gave about working hours, which is factual for the beginning of the industrial revolution, it does not follow to conclude that it was minimum wage laws that changed that picture. The reason for wage increases is increased productivity which is made possible by the accumulation of capital. That is what enables a worker to produce 4.800 gadgets a day, instead of producing maybe one with his hands, if he's good at it.

      When I read your last paragraph I must stop and think too. Does this person not understand how a market works? Does he not know that employers bid up the employee's labor 'price' just as consumers bid up the prices of goods? That all minimum wage laws do is unemploy young people, disadvantaged minorities and unskilled people who are now forced to: 1. starve, 2. welfare or 3. work even worse informal market jobs?

      Regulation is just a word. I think people usually support it on emotion alone. As with everything, the devil is on the details

      --
      Send your spendthrift head of state this
    17. Re:The flip side of monopoly abuse by ultranova · · Score: 1

      We've talked about this before, but there is a difference between capitalism, and corporatism. The two are often confused.

      The two are often confused because capitalism leads inevitably to corporatism - or plutocracy, to be more general. When you have a competition, someone will inevitably win; and the more capital you have, the easier it is to get more, so any differences in success levels are magnified exponentially until the plutocrats - be them corporations or individual entrepreneurs - have achieved near absolute dominance.

      What we have in America right now leans far more towards the Corporatism end of the spectrum, than true (pure) capitalism.

      Of course. That's because once the winners emerge, they can use their capital to get the odds stacked on their favour; they can use both outright bribes and their control over a significant portion of local - and later national - economy (blackmail) to force their will on politics.

      Pure capitalism leads to aristocracy and is thus an unstable model.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    18. Re:The flip side of monopoly abuse by decoy256 · · Score: 1

      These would *all* come back if we eliminated regulation.

      Wow! If that's not hyperbolic scaremongering, I don't know what is. How in the hell is slavery going to come back? Even without government regulation, we still have the 13th amendment. Slavery is still illegal. How would deregulation change that?

      And child labor?!? You forget that "child labor" is what pulled MANY families through the last depression. No parent wants to see their child having to work to help the family survive, but if the choice is between having your child work or having your child starve, I choose to have them work. The government's decision to stop child labor is a heavy handed "I know what's best for you and your family" attempt at control. And let's remember that the vast majority of what we call "child labor" today was performed by teens. We say that teens can't work and now we have a rise in juvenile crime and teen pregnancies. I'm not saying there is causation, but there is clearly some correlation which should not be ignored.

      Finally, and most ridiculous, we come to the myth of the 40 hour work week. Whatever idiot came up with the idea that 40 hours is the ideal that should be imposed on all businesses should be shot. What makes 40 hours the magic number that we should all bow to? If you ever hope to "make it" in this world, you are going to be working far more than 40 hours a week. We don't need government regulation to tell us how many hours we can work. Let that be decided between employees and employers.

      Don't get me wrong, I don't think that complete deregulation is proper, but you picked the three absolute worst examples to make your point.

    19. Re:The flip side of monopoly abuse by bzipitidoo · · Score: 1

      Cartels failed miserably in the 19th century? How on earth could you think that? Standard Oil made the Rockefellers among the richest families in history. Another is Carnegie Steel. Then there are the numerous railroad robber barons, each lording it over their geographic monopoly.

      On the contrary, these monopolies were very successful at mercilessly extracting wealth through corrupt and unfair practices-- price gouging, wage suppression, commodity manipulation, legislation for indirect subsidies, unfair anti-competitive measures, and so on. This lead to such unrest that the government had to do something, and also lead to the election of governments so inclined. Of course businesses wanted strikers busted and unions broken. Instead, T. Roosevelt, a Republican, became known for trust busting, and that's one of the things that makes him one of the US's greatest presidents.

      Monopolies of any sort are too easily exploited damagingly. That problem offsets the benefits from economies of scale. How many people, if they saw a $20 bill on the ground, would let it lie? Neither does a monopoly let slip any "opportunity" for revenue. Can't avoid them all, but at the least we can stop actively creating artificial monopolies, as is currently done with copyright. Why not let any publisher publish anything they want, so long as they pay a "publishing tax" or royalty that goes to the authors? It would eliminate many of the problems artists have with being exploited and locked in. Why can't we have 2 or more publishers trying to sell the same book?

      --
      Intellectual Property is a monopolistic, selfish, and defective concept. It is "tyranny over the mind of man"
    20. Re:The flip side of monopoly abuse by decoy256 · · Score: 1

      Capitalism does not lead inevitably to corporatism. Corporatism is the artificial support (known as "regulations") given to artificial entities (known as "corporations") by government. Name one corporation that controlled everything in the US in the 1800s. You can't because it didn't happen when we were following the Free Market (pure capitalism) system. It's when that bastard Keynes and his ilk came into town that things got screwed up.

    21. Re:The flip side of monopoly abuse by turbidostato · · Score: 1

      "If you make $30,000 a year and bought a $500,000 home, you were stupid and deserved to get screwed."

      I hear this again and again, mostly from USA people, and damn me if I can make any sense out of it.

      So I make 30.000US$ a year and I manage to have a 500.000US$ home even if only for a while and somehow *I* am the stupid not the one that lent 500.000US$ to guy doing 30.000US$ a year!!!???

      That's from the pure financial side of things. Now, from the ethical standpoint you have on one side a NINJA, usually without studies, without even a roof of their own signing one mortage and on the other some tycoons with tons of advisors with masters and what not, signing mortages by the thousands and still the one to blame is the poor guy? What the heck!!!???

    22. Re:The flip side of monopoly abuse by debatem1 · · Score: 1

      I'm afraid I don't see either the logic or the factual basis of your arguments.

      First, I think your anger at the SEC is misplaced. I grant you that there have been some monumental screwups in that institution, and that in the light of our current economic woes some of the trust we placed in our financial institutions seems misplaced. Having said that, the institutions most responsible were not the regulators but the regulatees- AIG, Fannie Mae, Freddy Mac, the now endless litany of failed or failing banks- we were deliberately deceived, and they were foolishly wrong in their calculation of risk. Should the economic regulations surrounding these institutions, and the government agencies that enforce them, be changed? Absolutely. Should we allow the scoundrels of industry a freer reign with which to abuse our trust once again? Absolutely not. Re-regulate, don't de-regulate.

      Secondly, you seem to be arguing that the economy has grown past the point where it needs the abuses of the past. You then go on to mention "even worse informal market jobs" as being the consequence of the absence of minimum wage. This is a contradiction, and it reveals the extent of your experience with the truly deregulated markets. Outside of the minimum wage economy lies misery, particularly where it relates to the (totally unregulated) labor conditions under which illegal immigrants work. It would kill you to work like that, and if you suspect for even a moment that it was more than the accident of your birth that protected you from that fate, think again. The companies that abuse immigrants, if given even the faintest whiff of an opportunity, would cheerfully work you to death too.

      The fact is that while companies do bid for the services of workers, in the swollen uneducated labor market the cost of the mobility required by the free exchange of services is prohibitive to most workers. Those that do migrate do so constantly, unable to scrape together enough savings to escape their lifestyle, and denying their children the education needed to eventually find a better life. Even if you maintain that those workers have earned their lives- an attitude I find repugnant- I have found few people willing to callously condemn the children of this country to lives of ceaseless misery on the back of an empty economic principle.

      You say I don't know economics. I won't lie, I've heard this before from people probably not so different from you. The reality is that I know the unregulated markets quite literally inside and out. I've spent a lot of time in places where unemployment sits at 30%, and the desperate bow to the unscrupulous for their daily bread. Places where the law is openly scoffed at, and the needs of the workers ignored. I've been escorted around sweatshops by their proud proprietors, and come home to found my own business. The question you need to be asking yourself, is how far a walk was it for me to come home? Are all the abuses and evils of the industrial revolution part of history, the problems of another time and place? Or is it the demon waiting outside the door, waiting for the unwary, the blissfully ignorant, the comfortable denizens of a world so far removed from those horrors that they cannot comprehend their implications, to stumble, all smiling, through? We take a pretty different view on the subject, and I won't demean you or your position- which has, after all, been held by some of the greatest minds of our time- by chalking it up to life experience. But I do hope that in the future, when you call for deregulation, you'll at least think back to this conversation and see its rationale, the way that it is supposed to work, and the good that, done properly, regulation can do.

    23. Re:The flip side of monopoly abuse by marco.antonio.costa · · Score: 1

      I find the term 'robber baron' quite amusing. Did they really put on masks and hold people up on train tracks? ;-)

      Seriously now, these companies weren't busted because they were 'monopolies'. In fact there was more competition then then there is today. They were simply singled out because they big, successful and efficient.

      This is a small excerpt from D.T. Armentano, the author of the book "Antitrust and monopoly". It's all a worthy read, but I took just a small nip that pertains especially to the Standard Oil case.

      One of the most famous (and misunderstood) antitrust cases in history is US v. Standard Oil of New Jersey (1911).

      The popular explanation of this case is that Standard Oil monopolized the oil industry, destroyed rivals through the use of predatory price-cutting, raised prices to consumers, and was punished by the Supreme Court for these proven transgressions. Nice story but totally false.

      First, Standard never even monopolized petroleum refining, let alone the entire oil industry (production, transportation, refining, distribution) which would have been an impossibility. Even in domestic refining, Standard's share of the market declined for decades prior to the antitrust case (64% in 1907) and there were at least 137 competitors (firms like Shell, Gulf, Texaco) in oil refining in 1911. "A free-market 'monopoly' supplier is theoretically possible but not necessarily harmful and would not rationalize any antitrust regulation."

      Second, although predatory practices were alleged by the government at trial, Standard offered rebuttal on all counts. Neither the trial court nor the Supreme Court ever made any specific finding of guilt on the conflicting charges of predatory practices.

      Third, petroleum market outputs increased and prices declined for decades during the alleged period of "monopolization" by Standard Oil. For example, prices for kerosene (the industry's major product) were 30 cents a gallon in 1869 and fell to about 6 cents a gallon at the time of the antitrust trial.

      Finally, the Supreme Court broke up the Standard Oil holding company not because of any demonstrable harm to consumers (there was none) but because it discerned some vague "intent" to monopolize through Standard's many mergers, an "intent" that just as clearly never succeeded in producing any monopoly. Yet generations of economic and legal commentators have been misled about monopoly and the alleged efficacy of antitrust policy because of the "facts everybody knows" concerning the Standard Oil antitrust case.

      --
      Send your spendthrift head of state this
    24. Re:The flip side of monopoly abuse by Elektroschock · · Score: 1

      Are there some licensing methods to enable patents to be used only against blackmail but not for blackmail? A kind of patent gpl. I mean, imagine you collect "whitemail" patents, your company bankrupts and a patent troll picks up these assets to "blackmail" competitors and bankrupt them. A circle of destruction.

      How can you "whitemail" your patents. So that even if you becomes crazy or your company is SCOed you as a patent holder cannot carry out any damage to your market and still can go after the bad guys. What social rules can be applied?

    25. Re:The flip side of monopoly abuse by marco.antonio.costa · · Score: 1

      First, I think your anger at the SEC is misplaced. I grant you that there have been some monumental screwups in that institution, and that in the light of our current economic woes some of the trust we placed in our financial institutions seems misplaced. Having said that, the institutions most responsible were not the regulators but the regulatees- AIG, Fannie Mae, Freddy Mac, the now endless litany of failed or failing banks- we were deliberately deceived, and they were foolishly wrong in their calculation of risk. Should the economic regulations surrounding these institutions, and the government agencies that enforce them, be changed? Absolutely. Should we allow the scoundrels of industry a freer reign with which to abuse our trust once again? Absolutely not. Re-regulate, don't de-regulate.

      You think my anger is misplaced? This is a government agency with a budget that went from 400 million dollars in 2000 to almost a BILLION dollars today and almost four thousand full-time staff that do its job of cracking down on a Ponzi scheme that they were WARNED about in 1999 and again in 2005?

      So you think the SEC should be 're-regulated' instead of being trashed to give that money back to the taxpayers?

      Fannie and Freddie are government sponsored enterprises, so they are hardly 'regulatees' in my book. All that leaves for me to blame is AIG. Ok, I blame them, let them go bankrupt! That's the best discipline to keep those 'scoundrels' from overreaching! Oh, seems the federal government can't let that happen either... And is even giving them more money for their failure. See where I'm getting at?

      Secondly, you seem to be arguing that the economy has grown past the point where it needs the abuses of the past. You then go on to mention "even worse informal market jobs" as being the consequence of the absence of minimum wage. This is a contradiction, and it reveals the extent of your experience with the truly deregulated markets. Outside of the minimum wage economy lies misery, particularly where it relates to the (totally unregulated) labor conditions under which illegal immigrants work. It would kill you to work like that, and if you suspect for even a moment that it was more than the accident of your birth that protected you from that fate, think again. The companies that abuse immigrants, if given even the faintest whiff of an opportunity, would cheerfully work you to death too.

      The fact is that while companies do bid for the services of workers, in the swollen uneducated labor market the cost of the mobility required by the free exchange of services is prohibitive to most workers. Those that do migrate do so constantly, unable to scrape together enough savings to escape their lifestyle, and denying their children the education needed to eventually find a better life. Even if you maintain that those workers have earned their lives- an attitude I find repugnant- I have found few people willing to callously condemn the children of this country to lives of ceaseless misery on the back of an empty economic principle.

      How is what I said a contradiction? The fact that people are working for less than the minimum wage in horrid conditions is because they are forbidden to work in the normal conditions of the formal market because _working and employing for less than the minimum wage is ILLEGAL_. Illegal things have a way of happening in less than nice ways.

      Compare the living standard of a hooker working in a brothel in Nevada to one in different state. If the latter gets the crap beat out of her by her pimp she can't go to the cops because then she's a criminal. The first one doesn't have a pimp, she has a contract with which she can sue her boss for any violations.

      'Totally deregulated market' does not mean a lawless society where might is right. A free, unregulated market system presupposes

      --
      Send your spendthrift head of state this
    26. Re:The flip side of monopoly abuse by Elektroschock · · Score: 1

      Imagine you let business decide, so they want carrot and reject stick. That is exactly the problem.

      A free competitive market is beneficial for all players from an efficiency point of view but companies flee competition, they want a monopoly. Companies do not want competion. They want ruinous competition of labour standards, tax competition, subsidy competition between nations.

      Smaller companies benefit from a free competitive market with little market entrance barriers. Their margins are low anyway. They gain from interoperability. They don't want government contracts because its too much bureaucracy. They pay their taxes and want the world to be simple.

      Large companies want their monopoly markets. They want the governments to subsidies their factories. They want patents that shield them from competition. They want the government to take no strong role in antitrust enforcement and interoperability but pay expensive framework contracts. They want fat contracts from the government.

      In politics large companies have their lobbyists in the capitals and policy makers know these companies and think they are important. These companies are always there and they know their brand. Small companies are badly organised and it is difficult for them to fund a lobby organisation, also because their interests are to heterogenous and the aggregation problem (cmp. so called Samuelson condition). SME organisations are overtaken: their management by lawyers and the public affairs guys, their member network is sold to insurance and software companies as a distribution channel, and large companies as Microsoft provide the funding for lobbying in the name of their heterogenous members.

      Large Companies are not interested in free markets. Free market ideology was just an ideological tool during the cold war. In the 1920th capitalism wanted state capitalism and fascist regimes. Ironically those who are supposed to support "free markets" haven't actually understood free market economists but advocate it as a kind of reverse-commie laissez-faire extortion business model. Many think tank hired guns are converted commies who sold out to the other side.

      In the software a "free market" implies a software price around zero. Free software and free market fit well together.

    27. Re:The flip side of monopoly abuse by bzipitidoo · · Score: 1

      There are all kinds of red flags in that quote.

      Standard's share of the market declined for decades prior to the antitrust case (64% in 1907)

      He's trying to say 64% isn't enough to be a monopoly? What standard will you accept as "not a monopoly"? 64% is huge. I'd go so far as to say that over 50% is monopolistic.

      Neither the trial court nor the Supreme Court ever made any specific finding of guilt on the conflicting charges of predatory practices.

      Weaseling. Much better to hear what the court did find, not what it didn't find.

      petroleum market outputs increased and prices declined for decades during the alleged period of "monopolization" by Standard Oil

      So what. What matters, is were they able to gouge? Yes. Was the price totally unrelated to Standard Oil's costs? Probably, in some places at some times.

      generations of economic and legal commentators have been misled ... because of the "facts everybody knows"

      So, everyone got it wrong? I find that highly unlikely. Whenever someone says everyone else is wrong, that's when you should be extremely skeptical.

      --
      Intellectual Property is a monopolistic, selfish, and defective concept. It is "tyranny over the mind of man"
    28. Re:The flip side of monopoly abuse by marco.antonio.costa · · Score: 1

      He's trying to say 64% isn't enough to be a monopoly? What standard will you accept as "not a monopoly"? 64% is huge. I'd go so far as to say that over 50% is monopolistic.

      Gee, that's what I call stretching a concept. What monopoly MEANS is 100%, and you can't get what you want anywhere else.

      You're pouring emotion here, not reason. Any successful company in your view is a moving target to be split in many. Perfect competition does not exist.

      So what. What matters, is were they able to gouge? Yes. Was the price totally unrelated to Standard Oil's costs? Probably, in some places at some times.

      Prices have nothing to do whatsoever with costs. Where do you get that from?

      So if an economic agent has the freedom to set a very high price do you make it a case for trust-busting? Heck, you better chop me up into small pieces, I have been known to charge a stiff fee for freelance work and gotten away with it.

      So, everyone got it wrong? I find that highly unlikely. Whenever someone says everyone else is wrong, that's when you should be extremely skeptical.

      You're saying a million people can't be wrong? Argumentum ad populum? :-)

      I don't know, but in my experience 'everybody' is wrong very often. It's either that, or you and me are batshit insane for being opposed to granting monopolies on ideas and creating artificial scarcity.

      --
      Send your spendthrift head of state this
    29. Re:The flip side of monopoly abuse by debatem1 · · Score: 1

      Let me start out by saying that I like to think you're a pretty intelligent human being. You have a good grasp of some aspects of economic theory, and you have an interest in the topics of the day, which says good things. Unfortunately, I get to hear a lot of these arguments pretty often from people without those advantages- people whose inexperience with real life has led them to conclude that a textbook's amoral theoretical certitude constitutes a roadmap to the perfection of a nation. I've found that to be, excuse my French, utter bullshit- and I know you're too smart to buy into the thinking that has led a solid chunk of our economy into the crapper in the last eight months. Having said that, forgive me if I begin to get a trifle grumpy about the issue. I don't want to lump you in with the other lumps, but I'm prone to occasional lapses in that direction. My apologies in advance.

      As far as the SEC goes, no, I don't think it should be trashed. I said so to start out with, and the fact that it failed in this case is not proof either that it is entirely without merit, as you claim, or that it doesn't pay for itself in the end. However, the SEC is an ancillary claim and to be honest I have no real interest in discussing it. If you want to claim point here- fine.

      As far as minimum wage goes, you are making the old argument that the level of employment is inversely proportional to the misappreciation of the value of labor. Unfortunately, like most things in economics, attempting to directly apply theory to practice doesn't give you the results you anticipated. As I said last time, in the low end of the wage scale, the pressures of market friction wind up consuming the efficiency of the market model, thus forming a powerful- and artificial- employer's market. Minimum wage is there to offset an artificially low price on the seller's end. There have been a ton of studies on this issue, but the work that Krugman has done are probably both the most well-regarded and the most accessible. I'd recommend it pretty highly.

      Moving to the violence question, I've never seen any particular violence in a sweatshop. I grant you, it might have happened after I left, but I haven't witnessed it. The question I have is whether starving your workers to death is tantamount to violence against their person. I don't think it should be stated in such absolute terms- they confuse the bejeezus out of the issue- but I certainly think it happens and that it shouldn't be allowed to continue. The unregulated market doesn't have a mechanism to protect society from that, and that's where I start to have an issue with an otherwise "clean" theory.

      As far as the question of what a regulated market is, I don't see why we should change from the standard definition- regulation is government involvement in an otherwise free market system designed to change the size, scope, or scheme of economic activity. An unregulated market, then, is one without government interference- note the difference in terminology between a "free" and "unregulated" market. You confuse the terms- not me.

      The unregulated market I was specifically talking about there was the one in Kutna Hora, in the Czech Republic. While the Czech government has minimum wage and other labor protections, nobody seems to have gotten the memo there, and a pretty significant chunk of the population lives in destitute misery, just 6 or so hours from one of the most beautiful capitals in the world. The police exist, they generally keep order, and they don't mess with business. And nearly everybody is either in the service industry, run through the Church, unemployed and destitute, or destitute and employed. What should really scare you, though, is that I've seen things stateside that aren't all *that* much different- just a little more isolated.

      I don't agree with you that testing toys for lead is a bad thing. That strikes me as being kind of a common sense thing to do- on a par with having health inspections for restaurants and hospitals. I won't disagree

    30. Re:The flip side of monopoly abuse by PopeRatzo · · Score: 2, Insightful

      That may seem contradictory to some, but AC on /. means comments have to somehow come up on their own merit from 0 instead of the default view of 1 given to account holders.

      It doesn't just "seem" contradictory, it is contradictory.

      Anyone can post with their own account and forgo the karma bonus. But the question is: "Why?".

      If you object to the +1 bonus that a signed comment gets, believe me, it all works out in the wash.

      Further, I want to make sure I give more weight to a comment from someone who's name I know and who's posting history I can examine to someone who might be an astroturfer from the Chamber of Commerce. Why? Because the Chamber of Commerce lies.

      --
      You are welcome on my lawn.
    31. Re:The flip side of monopoly abuse by PopeRatzo · · Score: 2, Insightful

      How in the hell is slavery going to come back?

      The same way the "War to End All Wars" wasn't. The same way the "unthinkable" seems to happen all the time.

      Sort of like "How are 19 religious fanatics with boxcutters gonna take down the World Trade Center?" and "Now that we're 200 years past the Enlightenment, how would Religious Fundamentalism ever come back?"

      --
      You are welcome on my lawn.
    32. Re:The flip side of monopoly abuse by PopeRatzo · · Score: 1

      One, if there were no SEC, Federal Reserve and FDIC people would take as much care, if not more, when picking banks, investment funds, etc, as they do when picking any other product in the market.

      No, because the people with the most money have the best resources with which to fool people, the best resources with which to steal, the best lawyers with which to get off, and the most power."

      Sorry, pal, but the thing that passes itself off as a free market is nothing but a way of siphoning wealth from the bottom to the top.

      You want to see an unregulated business? Take a look at the Mafia or the Columbian Drug Cartels.

      --
      You are welcome on my lawn.
    33. Re:The flip side of monopoly abuse by PopeRatzo · · Score: 1

      Let me start out by saying that I like to think you're a pretty intelligent human being. You have a good grasp of some aspects of economic theory, and you have an interest in the topics of the day, which says good things. Unfortunately...

      When you two are done congratulating yourselves, could you address the reasons that the biggest "free market" economy happens to occur in the nation with the largest percentage of incarcerated citizens? You don't think the two are connected?

      We also happen to be the developed country with the most lax gun laws, and it doesn't seem to have done much for crime, overall.

      --
      You are welcome on my lawn.
    34. Re:The flip side of monopoly abuse by PopeRatzo · · Score: 1

      Did they really put on masks and hold people up on train tracks? ;-)

      No, they paid Pinkertons and other armed thugs to enforce their will on their workers and communities, through violence, threats and murder. The growth of big corporations in the United States is littered with criminality, violence and ugliness.

      Don't be an asshole.

      --
      You are welcome on my lawn.
    35. Re:The flip side of monopoly abuse by PopeRatzo · · Score: 1

      But does "pure" capitalism exist

      In prisons, black markets and...that's about it.

      --
      You are welcome on my lawn.
    36. Re:The flip side of monopoly abuse by PopeRatzo · · Score: 1

      "When we were following "the Free Market" we also had slavery, chinese building our railroads, Irish immigrants fighting our civil war, etc.

      You have bought the propaganda that tries to put a smiley face on the ugliest of economic systems. People who amass wealth will amass power, which helps them amass more wealth, and more power. Eventually, the workers are going to pay the price. That's what's been going on in the US since Reagan, and that's what's in the process of turning around with the coming resurgence of the labor movement in the US.

      Decoy, I bet there's an interesting story behind your joining Slashdot. Why don't you share?

      --
      You are welcome on my lawn.
    37. Re:The flip side of monopoly abuse by decoy256 · · Score: 1
      And none of that traces back to deregulation. If slavery is going to come back, regulation (or the lack thereof) will have nothing to do with it.

      Let's keep this kind of hyperbole where it belongs: in the Mainstream Media.

    38. Re:The flip side of monopoly abuse by decoy256 · · Score: 1
      I take it, then, that you are a Marxist?

      In that case, I''ll see your "Racism Card" and counter with "Marxist Genocide".

      The list of evils brought upon countries that adopt Marxism is far longer and much darker than any perceived evils perpetrated under Capitalism.

      Decoy, I bet there's an interesting story behind your joining Slashdot. Why don't you share?

      I'm not sure what this has to do with the current conversation. Is there a reason you ask?

    39. Re:The flip side of monopoly abuse by debatem1 · · Score: 1

      Why should I address that? I don't like the war on drugs, but I don't think it has nearly as much to do with economic regulation as it does with misplaced moralities, despite the convoluted constitutional reasoning used to justify it. And I don't see how guns enter into it at all.

    40. Re:The flip side of monopoly abuse by marco.antonio.costa · · Score: 1

      Yea yea, and the government stands up for the little guy against the big corporate interests. You're totally right. I'm an asshole.

      --
      Send your spendthrift head of state this
  28. Is that what hurts it? by Anonymous Coward · · Score: 0

    Ohh, is that whats been hurting the economy? And all along I've been thinking its the banks!

  29. Only hurt cost effectiveness? by Anonymous Coward · · Score: 0

    BULLSHIT

    Because everyone would then run out to put a shitton of money into R&D and bring out a new product while another company comes up and releases the same product, cheaper because its shoddy, while having spent no $$$,$$$,$$$ on R&D? Right, hurts innovation.

    Get your head out of your ass economists. While yes the patent and copyright system are flawed, they are not stifling innovation. Apple is doing QUITE well on innovating. The main problem with the Patent and Copyright systems is they are out of date for the tech advances that have been made.

    Prior to computers it took time for products to get anywhere. Today, things are almost instant. I can write lines of code which do a specific function and patent it pretty damn quick, thank you internet. You can independently write the same code with no prior knowledge of the patented code and I can't do anything about it.

    Yes patents and copyrights hurt products that are already available, they do not hurt innovation.

  30. Something to think about by langelgjm · · Score: 1

    I'm not sure getting rid of either entirely would be the best option but I don't see much use of limits being longer than five years.

    Here's a scenario for you and the rest of /.:

    1. Individual author writes a very good, but not widely recognized book. Sales are mediocre, but this is mostly due to publicity issues.

    2. Movie studio X bets that they can produce a blockbuster film based on this book. They go to the author to try and negotiate movie rights, but since copyright is only five years, they never offer more than a pittance. Negotiations fall through.
    3. Movie studio X actually begins production of the film 3 years into the copyright of the book, and finishes just as the 5 year copyright is expiring. The movie becomes a blockbuster, and studio X sucks up all the profits, while not handing a penny to the author.

    This is just something to think about.

    --
    "Anyone who [rips a CD] is probably engaging in copyright infringement." - David O. Carson
    1. Re:Something to think about by John+Hasler · · Score: 1

      > Movie studio X actually begins production of the film 3 years into the copyright of the
      > book, and finishes just as the 5 year copyright is expiring.

      They created a derivative work (an exclusive right of the copyright owner) during the term of the copyright and so infringed.

      > The movie becomes a blockbuster, and studio X sucks up all the profits, while not
      > handing a penny to the author.

      The movie that becomes a blockbuster is not that of studio X but that of studio Y which did come to an agreement with the author and so was able to bring its movie out six months before the copyright expired.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    2. Re:Something to think about by vrmlguy · · Score: 1

      I'm not sure getting rid of either entirely would be the best option but I don't see much use of limits being longer than five years.

      Here's a scenario for you and the rest of /.:

      1. Individual author writes a very good, but not widely recognized book. Sales are mediocre, but this is mostly due to publicity issues.

      2. Movie studio X bets that they can produce a blockbuster film based on this book. They go to the author to try and negotiate movie rights, but since copyright is only five years, they never offer more than a pittance. Negotiations fall through.

      3. Movie studio X actually begins production of the film 3 years into the copyright of the book, and finishes just as the 5 year copyright is expiring. The movie becomes a blockbuster, and studio X sucks up all the profits, while not handing a penny to the author.

      This is just something to think about.

      You left out a step.

      4. Torrents for the movie show up the Monday after it opens. Despite strong opening weekend, Studio X winds up losing money and goes bankrupt. Author enjoys feeling of schadenfreude.

      --
      Nothing for 6-digit uids?
    3. Re:Something to think about by vrmlguy · · Score: 1

      Here's a scenario for you and the rest of /.:

      1. Individual author writes a very good, but not widely recognized book. Sales are mediocre, but this is mostly due to publicity issues.

      2. Movie studio X bets that they can produce a blockbuster film based on this book. They go to the author to try and negotiate movie rights, but since copyright is only five years, they never offer more than a pittance. Negotiations fall through.

      3. Movie studio X actually begins production of the film 3 years into the copyright of the book, and finishes just as the 5 year copyright is expiring. The movie becomes a blockbuster, and studio X sucks up all the profits, while not handing a penny to the author.

      This is just something to think about.

      You do realize that you've just described the American publication history of the Lord of the Rings, don't you? Except that the end result wasn't quite what you imagined. http://en.wikipedia.org/wiki/The_Lord_of_the_Rings#Editions_and_revisions

      --
      Nothing for 6-digit uids?
    4. Re:Something to think about by langelgjm · · Score: 1

      They created a derivative work (an exclusive right of the copyright owner) during the term of the copyright and so infringed.

      I'm not sure that the mere creation of a derivative work is enough to infringe. The actual language is that of "preparation", and I'm sure there is case law, but I'm not familiar with it. In any case, there are lots of things that qualify as creating a derivative work, but don't constitute infringement because there is no distribution.

      Furthermore, if the author isn't aware that the movie is being produced, and it's only released after the copyright expires, they will have to jump to ask for an injunction which they may or may not receive.

      The movie that becomes a blockbuster is not that of studio X but that of studio Y which did come to an agreement with the author and so was able to bring its movie out six months before the copyright expired.

      The point of the scenario is that because the copyright is so short, any studio is able to use that fact as a bargaining chip in the price of obtaining rights to derivative works. The result is that movie rights, which are potentially very valuable and currently factor into the incentives that go into writing a book (this is where the whole idea of derivative works originates from), end up being only worth a fraction of their actual value to the author.

      Both options could leave authors worse off than the current system. In the one case, studios could simply wait until copyrights expired before producing films, ensuring no compensation to authors; in the other case, they can leverage the threat of waiting to ensure that authors settle for low prices.

      I'm no fan of the current system, but reforms need to be well thought out in order to avoid situations where you end up screwing people who actually do create things.

      --
      "Anyone who [rips a CD] is probably engaging in copyright infringement." - David O. Carson
    5. Re:Something to think about by John+Hasler · · Score: 1

      > The result is that movie rights, which are potentially very valuable and currently
      > factor into the incentives that go into writing a book (this is where the whole idea of
      > derivative works originates from), end up being only worth a fraction of their actual
      > value to the author.

      "Actual value to the author"? The rights are worth exactly what he can get for them.

      > Both options could leave authors worse off than the current system.

      So what?

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    6. Re:Something to think about by langelgjm · · Score: 1

      "Actual value to the author"? The rights are worth exactly what he can get for them.

      No, the value to the author of the movie rights ends up being a tiny fraction of the total value of the movie rights. In other words, the movie might make $30 million in profits, but the five year copyright only captures $25,000 of that for the author.

      So what?

      So, if we are redesigning the copyright system, I'd like to end up with one which leaves the little guy getting screwed less, not more. Why should studios be able to snap up the hard work of others for pennies, then turn around and produce a blockbuster?

      --
      "Anyone who [rips a CD] is probably engaging in copyright infringement." - David O. Carson
    7. Re:Something to think about by j-beda · · Score: 1
      Why should studios be able to snap up the hard work of others for pennies, then turn around and produce a blockbuster?

      Because then the public gets to see more blockbusters?

      More importantly, if 10 authors per year get "screwed over" and yet the public domain increases by a gizillian works per year, I for one think society is better off compared to 10 authors "winning big" each year and the public domain not having anything new put into it for 150 years. The point of copyright isn't to "protect the little guy", it is to encourage people to produce so we get lots of stuff - right now it is doing lots of encouraging, but we're not getting much stuff.

    8. Re:Something to think about by langelgjm · · Score: 1

      The point of copyright isn't to "protect the little guy", it is to encourage people to produce so we get lots of stuff - right now it is doing lots of encouraging, but we're not getting much stuff.

      Believe me, I know what the point of copyright is. The simply fact that people seem to be missing is that when you shorten the length of copyright, you decrease its value. There is a tipping point - when the value decreases below a certain amount, it will no longer provide enough incentive to create. (That said, if you read copyright case law, you will also encounter lots of instances where the issues seem closer to torts, and the application of the law has been to protect people from injury.)

      Nobody knows exactly what that magic amount is, but obviously it's way too high right now. On the other hand, I think it's silly to assume that all the works that fall under copyright should be entitled to the same protection. This is where my original point comes in.

      Books sometimes take many years to write, and for lots of books, the sale pattern isn't as lopsided as movies. It would make a lot more sense for books to have a longer copyright term than movies, most of which seem to make the bulk of their profit in the first few years.

      --
      "Anyone who [rips a CD] is probably engaging in copyright infringement." - David O. Carson
    9. Re:Something to think about by j-beda · · Score: 1
      It would make a lot more sense for books to have a longer copyright term than movies, most of which seem to make the bulk of their profit in the first few years.

      I think MOST of any of these types of creative works make their bulk in the first few years - face it, few make any "bulk" at all.

      I do like the idea of some sort of exponential pricing model, where the first few (maybe five? maybe ten? it doesn't really matter) years of copyright are automatic and free and each year after that costs $2^n (or more accurately $1 x 2^n, where n is the year) to register, things very quickly come into the public domain, yet it is not prohibitively expensive to retain copyright for "younger" works, but at the 30 year mark, things start getting REALLY expensive (about a billion bucks).

  31. Disingenuous by SecurityGuy · · Score: 1

    Can we say disingenuous?

    Intellectual Property is a broad term that's come into being to describe old ideas. Patents and copyright aren't new at all.

    That said, the base idea sounds like not allowing abuses of the system, which is fine by me.

  32. The book is not copyrighted. by Anonymous Coward · · Score: 0

    See above

  33. Re:Why would we listen to economists? by HornWumpus · · Score: 1

    BTW reds was a term used by the communists to describe themselves.

    It represents a school of thought that IS inherently bad. Did you miss the twentieth century?

    --
    John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  34. Re "hurting the economy" by neonsignal · · Score: 1

    While draconian intellectual property laws may hurt an economy in the long run, it could be argued that they are being used (particularly in the USA) as a protectionist device (as in trade barriers), protecting an economy where many people are not actually producing anything of value.

  35. Follow the money by Sephiro444 · · Score: 1

    Given the size of corporate lobbies in Washington, D.C., and the assets any one of them -- whether pharmaceutical patents or music copyrights -- would stand to lose, I highly doubt any of Obama's economic recovery efforts will involve weakening the United States' IP regime.

    I'm just sayin'...

  36. They may be professorial and (in)famous now... by macraig · · Score: 1

    ... but there have been numerous smart articulate people (myself inclusive) who reached all those exact same conclusions many many years ago and have been suggesting precisely the same remedy to anyone and everyone who would listen... which, as it happens, wasn't a very large crowd. I wonder if that crowd has even grown faster than the birthrate in the last 20 years? Is there enough of a groundswell of people now to finally put a stop to centuries of wealth-concentrating madness?

  37. Re:Why would we listen to economists? by Max+Littlemore · · Score: 1

    First off, lets just start by saying that the whole left/right thing doesn't wash with me. It's an old fashioned concept that doesn't quite reconcile with modern politics as far as I can see.

    Your using right and left as if they are concrete political groups, as if people are either one or the other, which makes all your arguments hard to fathom for someone who finds that whole world view quaint and primitive. Your also firmly for one side of this false duality and against the other, as if they are footy teams, as if anyone who identifies as being on the opposite team is an enemy and anyone who disagrees or argues with you must be on the opposite team. This is shown in your "idealist" comment. It really is quite odd.

    So none of your arguments mean very much to me except has a fascinating museum piece. I therefore will not attempt to take them apart, because you really do have to take on board certain premises to understand an argument and I couldn't be bothered. It's all about context.

    By the way, which part of my post was idiotic idealism? Perhaps you should read the post again. I thought I simply pointed out bigotry and inflexible thought on your part. I didn't really put forward much except to say that you won't understand others unless you at least attempt to see things from their perspective. I also showed that you really didn't offer any valid argument, just name calling and finger pointing.

    Bigots who identify with any of the old left/right paradigm shit me to tears.

    --
    I don't therefore I'm not.
  38. Re:Down with GPL - it HURTS THE ECONOMY !! by Anonymous Coward · · Score: 0

    Oucha! Truth hurts, man, truth hurts! But geographically, MIT is somewhere around bean town, and these two people are from Washington state, clear across the country.

  39. Just so you know... by Anonymous Coward · · Score: 0

    For everyone defending the existing patent system, just a heads up from someone who has actually tried to start a business selling a "new" product: anything you can think of, there is a patent on some aspect of it. For instance, consider mixing two substances together. For example, you want to make a hot ham and cheese sandwich? Hint: it's patented.

    http://www.patentgenius.com/patent/7226629.html

    Obvious? Extremely. Anyone with a brain in their head could figure it out. But it's patented, and it's enough to shut down a small business should the owner of the patent decide to throw their legal weight at it. Your options are to pay royalties to the patent holder or to fight a legal battle you might not be able to afford. Now consider any other substances you could possibly want to mix together. That's probably patented too, as is every permutation of ways you might hypothetically mix them.

    The point is that there are far more of these blatantly obvious patents that can at any time be used as ammunition against newcomers in the industry. That is the problem that we have to stop if we want to encourage competition in our economy.

    1. Re:Just so you know... by samweber · · Score: 1

      Did you even LOOK at the patent you were linking to? It is NOT about "mixing two substances together". What kind of low melting triglyceride blend do you think "anyone with a brain in their head could figure out"?

      No wonder you decided to be anonymous.

    2. Re:Just so you know... by vrmlguy · · Score: 1

      For everyone defending the existing patent system, just a heads up from someone who has actually tried to start a business selling a "new" product: anything you can think of, there is a patent on some aspect of it. For instance, consider mixing two substances together. For example, you want to make a hot ham and cheese sandwich? Hint: it's patented.

      http://www.patentgenius.com/patent/7226629.html

      Go re-read your link:

      What is claimed is:

      1. A microwaveable grilled cheese sandwich comprising toasted bread and cheese, the cheese being coated on all of its surfaces with an edible moisture barrier, [...]

      Despite it's title, the patent isn't for a hot ham and cheese sandwich, it's for coating the cheese so the sandwich doesn't turn to mush before it's sold.

      --
      Nothing for 6-digit uids?
    3. Re:Just so you know... by Anonymous Coward · · Score: 0

      Hey Cowboy.

      That's code word for "Crisco". Maybe you've heard of it. The technical terms are a trick to get the patent examiners to give up and rubber stamp it.

      Next time you should post anonymously too.

    4. Re:Just so you know... by Anonymous Coward · · Score: 0

      It could be a revolutionary new procdeure, or it could be a good old ham, cheese and "triglyceride" (Crisco) sandwich like I used to make as an undergrad. I really just googled "ham and cheese patent" because I was hungry at the time, and I didn't want to be cliche and dig up the old peanut butter and jelly patent.

      Sorry I can't give the example that relates to my experience. If my competitors who patented every way to mix a product that didn't exist at the time they wrote the patent with a nonpolar liquid to get a suspension found out that my brilliant insight on pouring powder A into liquid B is only trivially different from theirs, I'd be out of business.

      The sad thing is that my competitors never did anything whatsoever with this patent. They filed everything they could think of involving a this product but never touched it because using it would have cut into their profit margins.

    5. Re:Just so you know... by samweber · · Score: 1

      So, you admit that the patent on making ham and cheese sandwiches that survive being frozen and microwaved is not just a matter of "mixing two substances together." Great, we're getting somewhere!

      Now, you are maintaining that adding Criso and calcium stearate to the sandwich is "extremely" obvious. Well, naturally, simply everyone has calcium stearate in their kitchen cupboard, ready to apply at a moment's notice. But I think I'd need a little bit of persuasion to convince me that Crisco is an obvious thing to add to a sandwich.

      But maybe you are just a natural food scientist and don't realize how special you are. Could be. Why don't you just point us to some of your food patents, then?

  40. These people suck by Ozlanthos · · Score: 1

    How about you lazy bastards learn to program your own software?! What this stinks of to me is yet another attempt to rob people of the products of their "OWN" creation. Possession is 9 10ths of the law remember? That means that if company A manages to hack your machine and steal your idea for a "competing product X", and manages to take it to market before you do.....you didn't make it...it was ALWAYS OURS!!!!! Give up America, quit trying to innovate your way to a better life, we are going to steal it if it is worth anything.

    1. Re:These people suck by shentino · · Score: 1

      All right then get the fsck off my shoulder and go find a rock to stand on.

    2. Re:These people suck by Ozlanthos · · Score: 1

      que? How am I on your shoulder?

    3. Re:These people suck by shentino · · Score: 1

      Have you heard of the expression "Seeing far by standing on the shoulders of giants"?

      You can get exponential returns on writing software if you don't have to rewrite everything from scratch

    4. Re:These people suck by Ozlanthos · · Score: 1

      Have you heard of the expression "Seeing far by standing on the shoulders of giants"?

      You can get exponential returns on writing software if you don't have to rewrite everything from scratch

      That perspective is fine and dandy if you are the person copying someone's code. We all know that if you aren't the one investing time and money into developing software, that you can make way more money on it than the originator. Just because Gates and Jobs got away with it and made BAZILLIONS MORE than Xerox ever would have, does not make it the desirable standard for behavior.

      Personally I take way more pride in creative endeavors that I didn't steal from others first. I guess the difference to me is, if the giant is letting everyone climb on and check things out, I have no problem with it (thank you for all that you've given me Linuxverse). It's when people make laws that allow others to claim the giant doesn't have a right to the benefit of it's height, and should be rendered a wageless slave meant to carry all of those too lazy to stand up and walk on their own two feet....that is where I take issue.

      Whether you believe it or not that is what all of these attacks on IP protection are all about, keeping the giants as giants and the rest of us as ants...
      -Oz

    5. Re:These people suck by shentino · · Score: 1

      Which is why patents and copyrights should be socialized, IMHO, once the revenue is sufficient to cover costs, INCLUDING the opportunity costs of the person holding the IP rights in the form of what they had to give up to produce it.

      I would support this:

      A flat tax on

  41. Re:Why would we listen to economists? by azakem · · Score: 1

    Actually, China is fairly respectful of IP, so long as it is Chinese IP that is being protected. As far as the rest of TRIPS members goes, they are working on it and making progress.

    Also, I don't know where this vitriol against the term intellectual property comes from. The first thing any IP lawyer learns is that IP is not property per se. IP is just an umbrella term to encompass copyright, trademark, and patents, which have certain attributes akin to property but important distinctions that separate them from traditional property. The term intellectual property may be a relatively recent creation, but most of the legal doctrines are not. The problems most IP opponents have are with the developing doctrine, I don't see why they waste breath on attacking the term itself. Calling it propaganda strikes me as a bit over the top.

  42. Stupid argument! Bad poster! Bad! by Anonymous Coward · · Score: 0

    I'm so sick of people posting this stupid, stupid, stupid argument over and over! Too bad the term copyleft seems to have dropped off in usage in the free software movement. The whole point of the GPL and copyleft in general is to turn copyright on itself. Saying "the GPL is effective because it is based on the protection of copyright" is like saying that vaccines made with killed or weakened virus wouldn't work if the virus didn't exist. Well duh! Way to miss the point. The GPL is about balancing the scales. We wouldn't need the GPL if there were no copyright. If copyright went away tomorrow, what would happen to GPLed works? People would use them and share them without paying? Oh noes! Sure, there would be the problem of proprietary software vendors rolling GPLed code into their own products without releasing source, but on the other hand, everyone would be able to use the proprietary vendors code without paying so the scales would be balanced again. In order to get people to pay, they would need to add value with support services, running servers, etc., just like the free software model and maybe jealously guarding the source code wouldn't be such a big deal anymore. The one big issue with abolishing copyright totally that I disagree with is the removal of some of the so called "moral rights" of the author. While I don't agree that the author should be able to retract the work and I definitely don't agree that the author should be able to prevent modifications, I do think that the author should have right of attribution, i.e. no-one should be able to claim the work as their own without permission and conversely, no-one should be allowed to claim that the modified work is the work of the original author. In other words, modifiers should have a free hand as long as they identify the original source and also lay claim to their own changes to protect the reputation of the original author. For example, I saw a copy of 'Pride and Prejudice and Zombies' at the bookstore today listed as being by Jane Austen and Seth Grahame-Smith. Let's imagine we're in a copyright free world and Jane Austen is still alive, then I think that it would be fine as is, even with the cover listing both authors or even if it just listed Austen or just listed Smith, as long as Seth Grahame-Smith doesn't actually try to maintain the claim that it's actually a collaboration between the authors, or that he alone wrote it, or that it's Jane Austen's original work. I'd think that it would need to be written somewhere on what is currently the copyright page. On works that don't have a copyright page, or anywhere else to put the disclaimer, then maybe there could be some sort of government registry where people could list it, or some sufficiently public and documented statement would do.

    1. Re:Stupid argument! Bad poster! Bad! by Abcd1234 · · Score: 1

      I'm so sick of people posting this stupid, stupid, stupid argument over and over! Too bad the term copyleft seems to have dropped off in usage in the free software movement. The whole point of the GPL and copyleft in general is to turn copyright on itself. Saying "the GPL is effective because it is based on the protection of copyright" is like saying that vaccines made with killed or weakened virus wouldn't work if the virus didn't exist. Well duh! Way to miss the point. The GPL is about balancing the scales. We wouldn't need the GPL if there were no copyright.

      You wouldn't? Really? Because, as far as I can tell, the entire goal of the GPL, the reason it exists, is to ensure that those who use GPL-covered code release those changes to the public. Without the GPL, Microsoft could, say, take Firefox, modify it as they see fit, and then refuse to contribute those changes back to the project. You're telling me you'd be just fine with that? Because I'm pretty sure a lot of people aren't... otherwise the GPL wouldn't exist in the first place.

      Sure, there would be the problem of proprietary software vendors rolling GPLed code into their own products without releasing source, but on the other hand, everyone would be able to use the proprietary vendors code without paying so the scales would be balanced again.

      And they would get the proprietary vendor's code how, exactly? Decompiling the binaries or something? Yeah... good luck with that.

      In order to get people to pay, they would need to add value with support services, running servers, etc.

      Bullshit. They'd do what they do today. Distribute object files only. Use licensing servers, encryption, online registration, or any number of other systems to ensure that an individual or corporation is using a paid-for copy of their software. The only difference is they wouldn't be able to use copyright as a legal club if said technological measures failed.

  43. Can we take the 1950s money? by tjstork · · Score: 1

    Oh, and the 1950's called. They'd like their bigotry back.

    Let's see, in the 1950s, the United States was the undisputed leader in manufacturing, our managerial processes were widely acknowledged to be second to none, government spending was low and the able participants were prosperous.

    Since then, American manufacturing in particular and the economy in general has gone on a long and slow decline relative to the rest of the world.

    Bottom line is this... at some point, some people will wonder if it was worth trading the economic dominance and optimism of white male dominated sexist and racist America of ages yor, for the utterly bankrupt nation and shiftless people that we have today. Those ancient white men may have been racist and sexist, but at least they knew how to win wars, build things and make money. Today's Americans can't do anything, and we're still racist and sexist.

    --
    This is my sig.
  44. Re:Why would we listen to economists? by gowtah · · Score: 1

    YOU'RE. And that stands for the two of you. Nothing like a grammatical nitpicking bomb-drop in a good old internet argument.

  45. This makes almost too much sense by DJRumpy · · Score: 1

    It's kind of like the Anti-Chewbacca defense.

  46. Arguments Presented Are Not Good by the+eric+conspiracy · · Score: 1

    While I agree that the scope of copyrights and patents far exceeds that needed for the purpose described in the Constitution, and surely needs to be reduced, I don't think the authors have made a case for elimination of these types of IP. Their blog also makes some disparaging remarks regarding trademarks which are not backed up by any arguments whatsoever.

    The arguments presented in their book are also often factually inaccurate. For example they make the comment that the pure sciences do not depend on patents to function (true) and that neither Newton, Einstein, or Darwin received government support. This is of course an important point, because if sciences are socialized there is no need of patents.

    Unfortunately of course it is completely inaccurate. Both Darwin and Newton worked at Cambridge, which is a publicly funded university. The Beagle was a survey ship in the British Navy without which Darwin would have not been able to gather evidence for the Origin. Einstein was an employee of the German Patent Office, and his first academic position was at the University of Berne, also publicly funded. He also held other positions at publically funded universities like ETH.

    Until they clean up their scholarship it is going to be hard to take their position seriously.

  47. Re:Why would we listen to economists? by artor3 · · Score: 1

    What is this "as if IP has real meaning beyond your own mindset, as if it is a part of reality that exists outside of you political environment" nonsense?

    Of COURSE it has a real meaning. It's not a propaganda term! That phrase has been around for well over a century!!

    And it absolutely has meaning in China. They're a member of WIPO! They've signed treaties! Do you know anything about the issue!?

    But, of course, since you're raging against evil "imaginary" property (that one actually IS a propaganda term, btw), you will of course be modded up. This is /., after all.

  48. 'Incentivise' copyrights through time limits by actionbastard · · Score: 1

    Your 'exclusive' term expires in five years. If you do not produce 'exclusive', derivative, works within the term of 'copyright', the work passes into the public domain to be exploited by those who can and you lose all claims to said 'copyright'. If you do, then you get a five year extension. It's (almost) the same thing as 'publish or perish'. Be productive while you are at the most productive stage of your career -and reap the rewards- instead of sitting on your laurels and stifling the innovation of those who come after you who possess greater intellectual capacity.

    --
    Sig this!
    1. Re:'Incentivise' copyrights through time limits by stinerman · · Score: 1

      Negative, Ghostrider.

      Let's take any movie you care to use as an example. Five years down the road to keep their competitors from making a sequel, they make a really POS sequel on a budget of oh, $1000. They continue to do that ad infinitum and now have an unlimited monopoly on the first film.

      How about let's just make it 5 years total. You'll get a copyright on the 2nd movie and you'll be noted as being the author of the 1st. Your sequels will be official/canon/etc. The ones the other guys make will not.

      Contrary to popular belief, authors aren't harmed by someone else making works based on their works. Just imagine if someone else could continue Futurama or Firefly. They could take it in a new direction, keep it much the same, etc. People could go in different directions. There's enough room for everybody!

  49. innovations from heavens? by Anonymous Coward · · Score: 0

    Making any significant mark on the state of the art means not only figuring out the how part, but convincing zillions of already existing players in the field to do something radically different. This takes time, usually years, with zero remuneration.

    Most of the innovation in the US of A does come from such circumstances, and not from those who derive their salaries from tax money or the monopoly income stream. Without patents it would stop happening. Whether you like it or not, those who "develop" for free and for the sheer love of the humanity are statistically orders of magnitude less capable than those who do it for the world domination or just for lots of cash. And corporate or government drones are mechanically incapable of doing it.

    It is also true that perhaps 98% of patents are sleazy attempts to get royalties from the obvious, enrich shysters and put the competition out of business (and filed by the mentioned drones.)

    But we can't do without the remaining 2%, and there is no alernative strategy to reward years of highly skilled risk. Anything can be abused, but that's not good enough reason in this case.

  50. Re:Down with GPL - it HURTS THE ECONOMY !! by Anonymous Coward · · Score: 1, Insightful

    It does not hurt me. GPL is basicly a "hack" within the boundry's called Patent and Copyright law. It is those boundry's that make it "fail" So basicly, this means that GPL also shows that copyright and patent law is fundamentally wrong.

  51. Thomas Jefferson by falconwolf · · Score: 5, Informative

    Below is a fitting quote from a letter that Thomas Jefferson wrote to Isaac McPherson ( http://press-pubs.uchicago.edu/founders/documents/a1_8_8s12.html )

    Thomas Jefferson was originally against copyrights and patents but his beliefs evolved. In correspondence on 1790 June 27 to Benjamin Vaughan he wrote:
    "An act of Congress authorising the issuing patents for new discoveries has given a spring to invention beyond my conception. Being an instrument in granting the patents, I am acquainted with their discoveries. Many of them indeed are trifling, but there are some of great consequence which have been proved by practice, and others which if they stand the same proof will produce great effect."

    Falcon

    1. Re:Thomas Jefferson by progManOs · · Score: 2, Informative
      falconwolf, You made a slight error. The Jefferson quote I posted was written well after 1790. In fact, you will notice at the top of the link I posted that the letter was dated 13 Aug. 1813. Further, I did not state that Jefferson opposed the use of copyrights and patents. I merely quoted his letter concerning whether ideas are property, which is crucial to discussing this topic. If you read Jefferson's letter to McPherson, you would find that Jefferson advocated a utilitarian view of copyrights and patents:

      Society may give an exclusive right to the profits arising from them, as an encouragement to men to pursue ideas which may produce utility, but this may or may not be done, according to the will and convenience of the society, without claim or complaint from any body. Accordingly, it is a fact, as far as I am informed, that England was, until wecopied her, the only country on earth which ever, by a general law, gave a legal right to the exclusive use of an idea. In some other countries it is sometimes done, in a great case, and by a special and personal act, but, generally speaking, other nations have thought that these monopolies produce more embarrassment than advantage to society; and it may be observed that the nations which refuse monopolies of invention, are as fruitful as England in new and useful devices.

    2. Re:Thomas Jefferson by falconwolf · · Score: 1

      My point was that though he opposed them to begin with in the end Thomas Jefferson did support copyrights and patents because they could encourage progress in the arts and sciences.

      Also Thomas Jefferson opposed the merchantilists and instead supported yeoman farmers. Here is a webpage about a disagreement between Alexander Hamilton and Thomas Jefferson, wherein Hamilton did support merchantilism. Jefferson even issued a warning about the corporate aristocracy, "I hope we shall take warning from the example and crush in its birth the aristocracy of our moneyed corporations, which dare already to challenge our government to a trial of strength and to bid defiance to the laws of their country." In a letter to George Logan on November 12, 1816 he wrote: " We have already reached the point where the "moneyed corporations" no longer feel any need to "challenge" the government. They have already fully integrated themselves into it. The executive branch is already peopled by corporate men, the law makers find it nearly impossible to be elected without corporate financing and the administrators of the regulatory agencies (such as the SEC) are selected by an executive branch whose main concern is to avoid any threat to the corporate world's ability to act unilaterally and without serious regulation of any kind."

      Falcon

  52. General comments about the issue by Tharald · · Score: 1

    The problem with this debate is that it requires people to look at the issue from outside of the system we have today. This is hard to do without the ideas maturing over time, especially because we have been from childhood taught that "IP" laws are necessary to create innovation/art.

    I have not read the book (I would like to), but here are a few general point I have about the issue after reading the comments:

    -"IP" laws are not inherent rights in society. Rather they are laws that goes agaist the basic foundations of western society - freedom and capitalism (IP laws restrict both freedom of expression and free competition).
    -"IP" laws are in place because some people think the benefits of the incentive they create are larger than the damage the restrictions represents.
    -"IP" laws are not there for the sake of the "creators", but for the benefit of society. It is believed the incentives creates positive value for society.
    -Our progress and culture are based on information sharing and "copying". All ideas, music, art and inventions are based on what we have learned in our life and what other people have made before us.
    -Without this sharing of information there would be virtually no innovation or advanced culture.
    -Claiming "ownership of an idea" is a matter of definition. Trying to restrict others from adapting the idea is absurd, since a plethora of other peoples ideas have certainly been used to form it.

    The important aspect here is for people to see that there is a definitive cost to restricting information. Whether or not the cost is worth the benefit could be debated, but assuming it is necessary without understanding the negatives is ignorant. I would advice the people that try to parrot the old propaganda "IP laws are necessary for there to be innovation" to read the book before they comment.

  53. There's a problem with that. by Superdarion · · Score: 1

    There was a post here about how Sony was artificially expanding PS3's life by making it very hard to use all the features it has to offer as a developer. Everyone was flaming about it.

    Now imagine a world where a big corporation can no longer have an everlasting patent (or copyright or whatever). For the sake of the milking of his products, corporations would start releasing crappy improvements (or half-finished inventions), getting protection for them and when that protection is over, the corporation (or perhaps someone else) would release just a bit more of it, just enough to patent it again and the process repeats itself.

    What I mean is that once a company has the full product, it'll strip it of the more innovating features and release it, half-featured. Then, as time passes, the corporation would release more and more features. Instead of what happens now (or rather what we want to have), that a corporation releases the full-featured product and then is free to milk it forever.

  54. Copyright and Patent Time Limit by Tokolosh · · Score: 1

    To quote the Constitution: "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."

    What does "limited Times" mean? We can agree that one day is insufficient to be an incentive. We can also agree that infinity is too long to promote progress.

    Therefore, it stands to reason that there is some optimal duration, which both maximizes the rewards for both the inventors, and society at large.

    Has any research been done to determine this optimum? Is current legislation based on anything other than what lobbyists can buy for their clients?

    --
    Prove anything by multiplying Huge Number times Tiny Number
  55. copyright and patent terms by falconwolf · · Score: 2, Informative

    I'd push more for 15 to 30 years. Not every idea can be rolled out at Web 3.0 speeds. Anything that requires physical manufacturing, quality control, and any kind of regulatory oversight can't hope to go from concept to consumer within less than 2 years.

    This is close to the original copyright and patent terms. Using an actuarial table of life spans Thomas Jefferson calculated that they should last 14 years with 1 14 year extension possible.

    Falcon

  56. Re:Down with GPL - it HURTS THE ECONOMY !! by A+nonymous+Coward · · Score: 2, Funny

    these two people are from Washington state, clear across the country

    Nice job of not reading. They are from Washington university in St. Louis, not even halfway across the country from Beantown.

    I bet that little truth hurts a bit more, eh?

  57. Backwards. Keep CR, dump patent by istartedi · · Score: 1

    CR is the only form of IP that actually can give the little guy a chance. CR needs to be reformed. I certainly wish Eldred had prevailed in Eldred vs. Ashcroft; but dumping CR altogether would be a mistake. Also, CR violation penalties need to be brought under control, enforcement needs to be sane, etc. CR makes sense to just about everybody except anti-IP idealogues who want a free lunch to drop out of the sky.

    Patents, OTOH, are just a royal mess. The only way to get one is to deal with a lawyer, and most patents are not the least bit "inventions". Patents in software in particular ought to just be totally abolish. They only create a minefield for developers. Maybe a handfull of things should be patented every year, instead of thousands. Also, if you own a patent you should not be allowed to suppress the use of your invention. In other words, compulsory licensing for all patents. Commercial infringers could pay into a pool from which claimants would receive payment. If nobody claims your product violates a patent, you file for a refund from the pool. If you don't pay into the pool, then you can just litigate like we do now. Or something like that; but if they abolished patents I don't think we'd miss them, whearas a lack of copyright would really suck for some people (Big Musico doesn't have to sign you anymore--they can just tape your show and market it).

    --
    For all intensive purposes, "whom" is no longer a word. That begs the question, "who cares"?
  58. Re:Why would we listen to economists? by JAlexoi · · Score: 1

    I thought that undemocratic and oppressive regimes are bad. Communism is not inherently bad, it's a different economic system opposing capitalism.
    Should I remind that there are religious communists in the heart of US - the Amish!!!!

  59. This should get filed in the... by snowblind · · Score: 1

    ...duh!?!?! Category

  60. Patents v. Copyrights by Anonymous Coward · · Score: 0

    Patents don't serve to keep things from public knowledge, quite the opposite. Patents force you to show everyone exactly how your invention works, and after you've cashed in on it for long enough, everyone can use it. If we didn't have patents, every invention ever would be cased in trade secrets. Think Coca-cola syrup on a global scale. You'd never know what's in the stuff you're drinking, or eating. Cars wouldn't be sold, they'd be leased, and you'd be prevented from "looking under the hood." Anything companies could do to prevent their inventions getting out would be done. Honestly, the patent system is fine the way it is.

    Copyrights, OTOH, are a bit long. The current length is actually not due to corporate influence here in the US. It was extended back in the 80s to match the European copyright length as part of treaty negotiations. Not that this makes it better, but greed wasn't completely behind it.

  61. Perfect! by maz2331 · · Score: 1

    The parent post hit upon the perfect balance. Really, I could live with 10 years from the date of "public availabilty" of any writing, design. or idea.

    The key date is "public availabilty"

    1. Re:Perfect! by decoy256 · · Score: 1
      Agreed. But there should be a limit on how long people can "sit" on an invention. If after 5 years, you've made little or no progress to get it out to the public, the patent should be revoked.

      For copyrights, I'd be willing to extend that 5 year limit a little because you can't put too short of a timer on creativity. But yes, once it is released to the public, the copyright should be finished in 10 years, maybe 15.

      But for patents, once it's released to the public (RtP), 5-10 years max. Software should be shorter (maybe a max of 5 years from RtP) since software changes so fast.

    2. Re:Perfect! by Jah-Wren+Ryel · · Score: 1

      The parent post hit upon the perfect balance. Really, I could live with 10 years from the date of "public availabilty" of any writing, design. or idea.

      You could? Could you live with the cost to effectively enforce such a law?

      --
      When information is power, privacy is freedom.
  62. Prizes for innovation by TheLink · · Score: 3, Interesting

    > "what should and should not be patentable"

    The trouble is it is very hard to: "grant patents only where an invention has social value, where the patent would not stifle innovation, and where the absence of a patent would damage cost-effectiveness."

    How can some average patent examiner do that consistently and reliably enough? The temptation after a while would be to just rubberstamp everything.

    To me what they should do is to award Prizes for Innovation, much like Nobel Prizes. Most people's hindsight is better than their foresight.

    To qualify for the prize, inventors have to register their inventions and pay a registration fee that goes to the prize pool.

    You could have one category of prize being awarded by "Experts in the Field", and another category awarded by members of the public (somewhat similar to the Hugo and Nebula prizes, except maybe we could allow a wider participation for members of the public?). Multiple prizes per category would be awarded. Prizes could be awarded every year.

    Inventors could win a prize for something they did years or even decades ago.

    So even if you are 30 years ahead of everyone and/or your stuff only gets declassified decades later, you can still win a prize.

    In contrast patents don't reward the inventors who are really far ahead of their time. They instead reward people who somehow manage to sneak "Method of making omelettes by using contents of eggs while excluding shells and detritus" past overworked patent examiners deluged by similar garbage.

    Also, punitive actions could be taken against people who falsely claim they were the first to invent something - at least based on the patent registration database.

    What the "Patent Office people" would then do is: try to reduce dupes (you can't prevent dupes 100% but at least reduce them), organize and manage the data so that it is not too hard for people to find candidates for nomination - for instance you don't want to have people keep nominating an invention that has already won! That said an invention that has already won, could qualify for a "top winners amongst winners category".

    The patent office workers could also help authoritatively link registered inventions with actual products out in the market.

    --
  63. Few insights here... by TheVelvetFlamebait · · Score: 1

    They had some solid ideas on patent reform. Shifting the burden of proof to the soon-to-be patent holder seems like a sensible suggestion. However, their evidence, and their conclusions, are just rubbish.

    Evidence shows very strongly there are lots of ways to make money without patents and copyright."

    Yeah, but none of the evidence shows that any of it is very good. Copyright, to this day, is still, by far and away the most popular business model, and despite the growing discontent with copyright amongst the ignorant and/or greedy, not one of them has managed to overtake the copyright business model.

    Perhaps it's because people are having their cake and eating too. They have the protection of copyright, but they also have the option to subvert it at any time they feel like, at the expense of those who do pay for their entertainment. But, we'll never know, unless people stop pirating, and actually throw their support completely behind a competing business model. I suspect, if that happens, those business models won't be so popular over the next 5 years, but that's just my speculation.

    Levine and Boldrin point to students being sued for 'pirating' music on the internet and AIDS patients in Africa dying because they cannot afford expensive drugs produced by patent holders as examples of the failure of the current system.

    Failures? Without copyright, would the students even have the choice whether or not to pirate that music (assuming the lawsuits are justified)? Without patents, would there even be a drug that African AIDS patients couldn't afford?

    The article is rubbish. It completely glosses over the real issues with copyright/patent reform, and favours instead shouting PROPAGANDA in a crowded internet forum.

    --
    You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
  64. Patents and IP should have a shortened lifespan. by Anonymous Coward · · Score: 0

    A patent life should be similar to the exclusivity of medicines.

    Ever notice that even though company X develops a given medicine, they have a limited lifetime on the exclusive distribution of a given medicine? Many of those companies have subsidized development and still expect to reap extensive profit from any new medicines they bring to market.

    The same people who want to extend patents and grant Intelectual Property also would think that which ever company develops some life changing drug should have an eternal right to make a given drug that benefits humanity as a whole. I disagree.

    Anyone who has a chronic disease apreciates the limited lifespan on the exclusive distribution of new medications because without having generics many people wouldn't be able to afford the medicine they need to continue living.

    I'm certain that many will have fault with this sort of thinking, however I believe this sort of concept applies well to anything that has specific ingredients or perhaps to a manufacturing concept.

  65. Re:Kdawson by Anonymous Coward · · Score: 0

    "everything I create has automatically my Copyright attached to it."

    nope, it dozent. every idea that you create can immediately be copied by anyone who you disclose it to.

    the only obstacles are a) you, not disclosing the idea (e.g. by going to live on a remote island by yourself) or b) a society, which lets you use its enforcement apparatus to restrict such copying.

    and the society has only one reason to let you use that - to make you create more in the long term. as long as that doesn't happen, you have invalidated any reason the society has to give you such protection.

  66. Well that makes sense! by Nabeel_co · · Score: 1

    Isn't the whole point of Copyright and IP to protect the people? And if big corporations are using Copyright and IP against us to keep their "competitive edge" then doesn't that hurt the people?

    It's funny, everyone wants fair competition until they have the advantage. If there was no IP or Copyright law, then the moment something was made, it would be reverse engineered and made better by someone else, therefor creating competition, forcing you to stay ahead of your self, and hence, ahead of everyone else. But no! I have a leg up, and instead of trying to keep doing better, I'll just sit at this position as long as I can - milking the product, keeping human progress stagnant - until someone works their way around, or comes up with a better idea...

    The whole thing just pisses me off...

  67. The Cathedral and The Bazaar by westlake · · Score: 3, Insightful

    I'll begin simply by suggesting that companies strong in IP are looking pretty good now.

    GM is the penny stock.

    Not Microsoft. Not Pfizer.

    They are calling on Congress to grant patents only where an invention has social value, where the patent would not stifle innovation, and where the absence of a patent would damage cost-effectiveness."

    Now this scares me.

    Because it means that "social value" would be defined by the legislator, the bureaucrat, and the courts.

    --- and how this new measure of socially redeeming value - could be limited to the denial of a patent or copyright escapes me entirely.

    The politician, after all, likes to be pro-active.

    I am not sure what it takes to "stifle innovation." I don't even have a clear notion of what innovation really means.

    A patent only implies only distinction - a measure of originality in concept and execution.

    The examiner does not have a crystal ball.

    He does not ask and can not know whether you have accomplished anything significant and lasting.

    The geek who would give the politician - the bureaucrat - that crystal ball and demand that he play oracle does enormous harm, I think.

    "Cost-Effectiveness" is a lovely phrase.

    Damnation in two words.

    Big Pharm gets the Malaria patent because Big Pharm can quickly and safely ramp up to full production.

    The little guy will botch it.

    Cost-Effectiveness is about economies of scale. Technical competence. Managerial competence. Financial resources.

    Cost-Effectiveness is also about papering over the politically unpalatable choices you know you have to make.

    I'll admit to having become very cynical about this sort of thing.

    But it still surprises me sometimes how High Church the geek really is.

    1. Re:The Cathedral and The Bazaar by tygerstripes · · Score: 1

      Possibly the most damningly insightful comment I've ever read about this debate.

      The big problem when geeks/scientist/engineers interact with politics and politicians is language. While the former group treats language as a tool for communicating ideas as clearly as their skill allows, the latter typically treats it as the exact opposite: a tool for subverting ideas and initiatives to meet their own ends; for deceiving and twisting rather than clarifying and simplifying.

      Because of this, there always seems to be a certain level of naivety evident when geeks try to interact with politicians in such a forum. It seems inevitable that they will get burned, their ideas corrupted and their spirit killed.

      It seems our only hope, in a democracy, is for the demos - the hoi-polloi - to become ever more savvy, such that the emergent state representatives will be a little better-adjusted and more enamoured of technological and ideological advancement.

      --
      Meta will eat itself
    2. Re:The Cathedral and The Bazaar by Anonymous Coward · · Score: 0

      Holy shit dude, lay off the fucking enter key, at least while you write your post!

  68. By Neruos by Anonymous Coward · · Score: 0

    Improvement is a double edge sword. What might be an improvement to you, could be worthless to me. Improvements ONLY work when the current object has a flaw or problem it does not improve on or is not intended to improve on in large to the demographic in a positive attribute.

  69. They do have a point by Plekto · · Score: 3, Interesting

    China, which is kind of like our Wild West(tm) right now, does whatever it wants. And it's going to completely leave us behind much as we did with Europe. Remember, Europe at the time had very restrictive guilds, laws, and regulations. The U.S. didn't. So we invented and invented. We built and didn't really care that much if it was someone else's idea.

    Just like China now is doing.

    And you wonder why they are going to put up their own space station modules next year and beat us to a habitat on the moon... We have to dismantle the idiocy or we'll never be able to move fast enough to keep up.

    Honestly, if I was interested in space or technology or just making new things, I'd be making a beeline to China and doing it there without the millions of laws and tens of thousands of lawyers all suing everyone into oblivion over idiotic patents.

    1. Re:They do have a point by OneSmartFellow · · Score: 1

      And you wonder why they are going to put up their own space station modules next year and beat us to a habitat on the moon

      Because they stole the technology from the US ? Hell, they were having trouble mass producing bicycles 50 years ago !

  70. Wonderful World of Color by westlake · · Score: 1
    Why should you indefinitely? 5 years should be enough to capitalize and come up with something new to sell.

    RCA demonstrated all-electronic TV at the NY World's Fair in 1939. RCA began work on all electronic color system about a year or so later.

    It didn't have a product until 1954.

    It would be ten years before color became mainstream and profitable.

    Ten years in which RCA was the only significant manufacturer of color sets and NBC the only network with a regular schedule of color broadcasts.

  71. Roll back the IP laws. by oftenwrongsoong · · Score: 2, Insightful

    As with many laws that have ballooned out of control in our country's short history, the so-called IP laws need to be rolled back to their original condition. There are too many crooks in the system and too much abuse. We all know these laws were created to give creative people an added incentive to create because such creations advance the cause of the country. The limited time allowed by the original laws made it possible to earn back the costs of the effort and then make a necessary profit. Yes, profit is a necessary component in the system. But when the terms of these IP laws extend into the next millennium, it serves not to advance the well being of the country but to make useful works disappear from existence as their creators no longer exist or no longer care to provide the product. At the very least, if the terms are not shortened back to sane values, there should be a clause for so-called orphaned works, which would state that if you're reasonably sure the creator of a work no longer exists or the creator does exist but is no longer interested in selling the product, the IP laws cease to apply and it enters the public domain. In other words, protect the stuff you're actually selling. If you're no longer trying to sell it, you no longer need the protection.

  72. Re:Down with GPL - it HURTS THE ECONOMY !! by neomunk · · Score: 3, Insightful

    Well, I feel about the GPL the same way I feel about firearms... I'll gladly toss mine into the bonfire, as long as mine is the last one left after all others are in the pit. I won't need it then.

  73. Hypocrites by eyendall · · Score: 1

    The assertion that copyright laws are essential for innovation and creative expression is patently (pun intended) false. According to that irrefutable source, Wikipedia, the Statute of Anne in 1709 was the first real copyright act. We all know that prior to this time no writers and artists produced anything.
    "Intellectual Property" is indeed a manipulative propaganda slogan right up there with "War on Terror". The "right" to be recognised as the originator of a work, to get the credit, is widely recognised: the "right" to be granted a monopoly by the state to make money is far more dubious. Where are all you small state, free market libertarians? Too busy making money from your "private property"? Hypocrites all.

    1. Re:Hypocrites by Teancum · · Score: 1

      The role of copyright is linked with mechanical reproduction and mass distribution of artistic expression. While the printing press wasn't invented in 1709, it took Johannes Gutenberg's invention (which was an adaptation of an idea originally made by the Chinese) a while to work its way through European society. We all know that the legal profession is one of the last to adapt to and adjust to new technology concepts and this is but one more example.

      As a matter of fact, writers and artists prior to the invention of copyright (and the printing press) were primarily patronage jobs where some very wealthy benefactor (usually a "government" leader like a king or duke... although the Medici family did support some Renaissance-era artists) would sponsor the artists. One of the roles of copyright is to provide an alternative means of allowing artists/content creators to support themselves by selling their works to people of much more limited means in the era of mass production of artistic works.

      As somebody whose livelihood depends upon writing professionally (in my case computer software), I do need some sort of legal protection to enforce attribution, and to allow me to prevent others from both claiming my work as their own as well as providing a useful means to earn money from the sales of what I make.

      Where I have a problem with copyright law is how it has been extended to the point of absurdity. I'm talking most of the derivative rights and the insanely long periods of protection. If I wanted to write a story about how Han Solo and Jean-Luc Picard met on Trantor so they could figure out how to wipe out the Cylons, I really don't see why in this case four different groups of people have to give me permission to use these cultural icons in what is arguably an original story. Philip Jose Farmer wrote some fusion stories like this (notably the Riverworld series), and Robert Heinlein even went so far as to appropriate characters from Frank Baums' land of Oz into a couple of his stories. In both cases these were "legal" because the works these authors "borrowed" from were in the public domain. Much more could be said about this point, and perhaps some limited derivative rights make sense, but the whole package of "rights" to what is covered under copyright law does go over the top.

      That gets to my other point about the insanely long copyright terms. While I may need a few years to try and market my stuff, I certainly don't need to have my children or grandchildren (4 generations removed or more?) making money off of what I wrote 75 years after I die. Not only is it going to be irrelevant nearly a century after I write the stuff (especially computer software), I sure would like to let somebody else have a crack at trying to fix any problems that may have come along the way. For myself, I wouldn't mind a copyright term of about 20 years.... and I would dare even most major film studios to document why they need more than that period of time to recoup their production costs. Any film still making money for the studio 20 years after it was made has long since paid off any production costs. Yes, this would make the original Star Wars movie trilogy put into the public domain... like George Lucas wasn't able to make money off of those films and would be inspired to make more/better films due to money he is earning _**NOW**_ off of the original 1977 Star Wars movie?

      The classic example of why extended copyright protection is needed is in reference to Ulysses S. Grant (former U.S. President/Civil War era general) who wrote his memoirs as a means to support his wife after he died. This was a noble gesture on his behalf, and certainly in this case a post-mortem copyright does have some value. Even here, I fail to see why a copyright term longer than a couple of decades was necessary. His memoirs, while valuable even today, certainly didn't earn much money for his wife 20 years after they were originally published.

  74. Mobile Logic for Mobile Minds by Charles+Wilson · · Score: 0

    This has been predicted for many years and the result is the same: If only we could get rid of Demon Patent Law, we would have the first steps towards Social Justice and etc. "This land is my land, that land is my land..." Another example of making the world safe for Fascism. What a bunch of dopes.

  75. It Is About Time ... by LuYu · · Score: 1

    I have been saying this for years. It is about time some economists started backing me up! :)

    Maybe my ideas are not so "radical" after all...

    --
    All data is speech. All speech is Free.
  76. "WE only use it for good!" by Anonymous Coward · · Score: 1, Insightful

    Yeah. Then you go bankrupt and your patents are sold to a troll. Or your CEO changes and your patents are bine "monetised". Or the economy tanks and you need the money...

    MS apologists ALWAYS said that MS patents were for defensive purposes. Look what they're doing to TomTom.

    You will do the same. Even if you aren't doing it now by threatening new suppliers with needing patents to stop the market becoming as competitive as it could be.

  77. And if you kill the author by Anonymous Coward · · Score: 0

    There is NO copyright on their works if it expires on death.

    So YOU have committed murder. This is quite a crime. And expensive to get a professional hitman to do. And all your COMPETITORS have equal access to what you killed for, yet haven't had to commit murder for it (and hence in no worry about being caught).

    So, please, tell my why it has to be X years after death???

  78. Copyright starts when it's FIXED by Anonymous Coward · · Score: 0

    If you're writing it still, it isn't fixed. Copyright doesn't start yet.

    For the one that IS fixed, it's a TRILOGY.

    Write one, edit it, sell it. While money comes in from it, write the second, edit the second. If you're slow enough that copyright expires on the first work before finishing the second, the gain in viewership possible because your first is now out of copyright may drive sales of your second (if someone hasn't read the first, they are NOT going to read the second in a trilogy, are they).

    After all, if the first is free, you're more likely to give it a shot than if it's £10.

    Of course, if your first book is crap, this does kill your sales for the second. The "Gigli effect" I like to call it.

  79. They already do by Anonymous Coward · · Score: 0

    "for the progression of the ***useful** arts".

    Patents "non obvious to those skilled in the arts".

    Also consider that the EULA or ToS are being held copyighted. Why is that of ANY social use? Copyright already has "social value" in it:

    de minimis: it isn't of social value if you take a small portion
    fair use: it isn't of social value if it stops review or criticism. There is no social value to protecting personal copies (time/space shift) etc

    so congress ALREADY HAS put "social value" in their patent/copyright rules. You didn't complain then.

  80. For the love of it + Basic Human right by balyuf · · Score: 1

    All calculation set aside, what type of work gives us the most joy? I would say any type of work which we can do for the love of it.

    The product of such a labor of love will by its nature invite other people to contribute to it or build upon it in their own labor of love.

    This links all human beings as members of one human family laboring for the common good of all. There is no real conflict between the good of one individual and the good of the whole society. Because the good lies not in the product but in the process of creation.

    Anything foreign to that process that seeks to impose limits upon that process, is a hindrance to society. The process of creation brings forth its own requirements of discipline and self-organizing structure.

    Public policy should therefore focus on bringing about a society which can be governed by the laws of that process. One of the biggest impediments to creation is the worry for survival. If we have to think about the reward that we will get for our creation to secure our future survival, we cannot focus on the process of creation. As a consequence the products of such a handicapped process will be not in line with the common good.

    I think that we should strive for a society where survival is a basic human right for all, just because one is alive, not because of merit. It is a misconception that we need competition to bring out the best. Competition usually tends to bring out the worst! So society should provide to all its members the basic rights for free. Food, shelter, health-care, education, ...

    If we don't have to worry about these things, we can safely dedicate ourselves to the joyful process of creation for the love of it! We only need to get honest with ourselves and acknowledge the fact that striving for reward, security and money-making is NOT the real joy in our life. Most of us have settled to varying degrees with this false conception of life, to make life manageable.

    I don't want to push any ideology here, but I want to point out that what made communism a failure, is not the lack of competition, but the rigid imposition of a system on people. That kills all entrepeneural spirit. Whereas the sense that we are all connected to each other and can take part in the whole of society in a meaningful way, is enabling instead of depressing.

    So such a society as I depict here, can only come into being if its members are voluntary choosing and striving for it. Its coming into being, must be self-organized for it to be true. Exactly in the same way as such society will function once it is in place.

    As a matter of fact, such a society is always open-ended and in evolution. So one can start where one is with oneself and ones immediate environment. And that is always the kind of process that is need now and in the future ...

  81. Re:Down with GPL - it HURTS THE ECONOMY !! by Anonymous Coward · · Score: 0

    I won't need it then.

    You won't?

    When someone comes at you with a knife, you won't wish you had it? You will be perfectly fine taking your chances knife-against-knife rather than giving yourself the advantage with gun-against-knife?

    That doesn't sound very pragmatic to me.

  82. Startling quote FTA by stewbacca · · Score: 1

    Levine and Boldrin point to students being sued for 'pirating' music on the internet (sic) ...as examples of the failure of the current system.

    I can only assume they consider the 'system' a failure because people are still downloading music illegally, even though some people are getting sued. Otherwise, this is a really annoying statement typical of the free-loader mentality. Just get rid of the rule against downloading copyrighted material and it no longer is illegal to download copyrighted material.

  83. This book is filled with errors! by Garwulf · · Score: 1

    I just took a look at Chapter V of this book, just to see if this is a case of somebody presenting a well-researched argument or an economist spouting off about something they know nothing about (and economists do that more often than most people would think - I once saw an economist at a conference proudly present a model for revenge that flew in the face of the whole of human history). I'm afraid that when it comes to the matter of books, it was downright dishonest in places.

    This is propaganda.

    Some examples:

    Page 111-112 - the authors ask the question of how well the American copyright extensions have worked, and judge it solely on number of works created. Then, they declare that it didn't help, because there isn't a massive increase. They DON'T mention that there wasn't a decrease either - in fact, there is a very slow increase. They also don't look at works that were not properly registered. Even more telling, they don't look at other factors - whether the quality of life of the authors was impacted positively or negatively, whether there were enough publishers to provide an increase in publications, etc. They base their conclusion on a single metric.

    Page 115 - A clear case of apples and oranges. Having talked about the reasons given for the CTEA (without, I might add, actually examining them in any detail), they comment that 8 years later, the same corporations are trying to get the European copyrights extended from 50 years to 95 years to keep up with the United States, implying that these companies are essentially raising one, then using it as an excuse to raise another. Which would be evil, except that it's not what's happening - the CTEA involved books, and the recent lobbying is about music, which have entirely different copyright terms. So, it would be more accurate to say that having harmonized one section of the creative arts, they're attempting to harmonize another - which is far less evil.

    Page 115-116 - Here the argument turns absolutely dishonest. The authors want to demonstrate that books out of copyright are more available than books in copyright. So, here is what they do - they take Edgar Rice Burroughs, and compare the books that are in copyright to the ones that are out of copyright, and show that indeed, the ones in copyright have fewer editions available. This is a trick, though - Edgar Rice Burroughs is one of the most famous writers of his day. Conspicuously, they don't provide any data for number of books published in total that are out of copyright compared to availability - they just take the case of a single, famous author, and extend that to be the case for the whole. If they extended it, it's fairly certain that they'd find that the majority of books that have entered the public domain are no longer available in print or online, undermining their argument. Most people would not claim that the exception is the rule, but they have made precisely that claim.

    Pages 117-118 - The authors now demonstrate a complete lack of understanding of how the book market works, as they claim that having classic spy novels in print would devalue new spy novels. To channel Morbo from Futurama, "Publishers do not work that way!" In fact, the decision of whether a book gets published or not is entirely based on how well it is likely to sell, and having a classic spy novel that is consistently selling well is more likely to reinforce the sales of new ones, not devalue them.

    These are selected errors, both factual and methodological. It would be nice if there was actual research here, rather than taking a few surface facts and drawing ignorant conclusions.

    --
    Robert B. Marks
    Author, Demonsbane in Diablo Archive
  84. Re:Down with GPL - it HURTS THE ECONOMY !! by Raffaello · · Score: 1

    Washington University in St. Louis, Missouri, not Washington State.
    Still a long way from MIT though.

  85. Re:Down with GPL - it HURTS THE ECONOMY !! by Anonymous Coward · · Score: 0

    Do as I say, not as I do. No, wait. Do as I do, not as I say. No, wait. You can't have your cake and eat it too. No wait. You can have your cake and eat it too. No wait. OK, copyright is good for GPL, but for everything else, it's bad. There, got it right.

  86. Information Hoarding by digestor · · Score: 1

    There should be a system in place that allows for innovation regarding previous intellectual property, while still giving credit (and profit) to the original owner. Information Age Bottleneck: http://bit.ly/CL7KM

  87. MOD PARENT UP! by ultranova · · Score: 0, Offtopic

    The parent is wrong but not offtopic. Please fight mod abuse and censorship and mod him back to +2 with, for example, Underrated.

    --

    Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    1. Re:MOD PARENT UP! by shanen · · Score: 1

      What do you think is wrong about my position? I could certainly clarify it. Just didn't seem worth the effort on /. in light of the moderator abuse you noted.

      Perhaps the asinine mod was actually targeting my sig? It is clear that some of the moderators really are that stupid, cowardly, and mendacious. Yes, this paragraph actually is off topic--but more relevant and topical than the average /. moderation, and it made me feel a bit better to vent spleen at the moron.

      --
      Freedom = (Meaningful - Coerced) Choice != (Speech | Beer^2), and sad sock puppets' bad mods avail them naught.
  88. loopholes by Aggrav8d · · Score: 1

    "They are calling on Congress to grant patents only where an invention has social value, where the patent would not stifle innovation, and where the absence of a patent would damage cost-effectiveness."

    Ok, fine! All existing patents are cost-effective ... to the people who own them. Congratulations, you've solved nothing.

    Here's a question for you: How do you prove a patent is stifling innovation? How do you define social value as a metric?

    It's very nice of you to tell congress to change something. How about you do real work and come up with specific wording?

    What's the acronym for an article that's the opposite of FUD, but just as useless? PITS (Pie in the Sky)?

  89. Okay, you're a troll. But still... by Rob+Y. · · Score: 1

    I think it's counterproductive for these two to be lumping copyright and patents in the same complaint as hurting innovation. It makes what should be a very reasonable argument read 'lunatic fringe'.

    Copyright violation is theft pure and simple (well, maybe not so pure or so simple - fair use, and all). Patents are another thing altogether, in the worst case, granting monopolies on basic ideas. These patents can cover completely separate implementations of those ideas with no theft of the original work.

    Sure, there's some kind of mental work involved in thinking up a novel idea, but it's so hard to draw a reasonable line around what's truly an innovation and non-obvious, etc. And there's so much potential for abuse that harms innovation that the benefits of intellectual property patents are really hard to see. The benefits of copyright are much more obvious. And the protection is much more specific and so much more limited.

    --
    Posted from my Android phone. Oh, I can change this? There, that's better...
  90. fraud by Rue+C+Koegel · · Score: 1

    obviously an open-source society of innovators would thrive... as long as people can change their focus from earning dollars to encouraging social growth and sustainability.... oh wait, they are, en mass... don't worry about the gov, they can be subverted through action... put your energy to better use: invent something and use the GPL--or the like--to distribute the idea and encourage it's use and further development.

    intellectual property is fraud, and should be illegal.

    --
    DON'T CAPITALIZE! CO-OPERATE! AND FREE EVERYTHING!
  91. Re:Why would we listen to economists? by HornWumpus · · Score: 1

    Communism is inherently bad as a political system because it invariably leads to unhealthy concentration of power which invariably leads to oppressive regimes. (One counter example? There are none.)

    Religious 'communists' are not running a compulsory system, individuals can opt out at any time.

    --
    John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  92. Re:Why would we listen to economists? by HornWumpus · · Score: 1

    Granting the left/right paradigm is not enough to completely describe a persons political views its indisputable that there is an objective left and an objective right in politics.

    Yes Max there are leftists in the world as well a right wingers.

    BTW accusing someone of being an '1950's bigot' because I recognize that there are still reds in the world is a perfect example of '1960s idiotic idealism'. It's been 40 years sense the 60s. We now know that those accused of being 'reds' then were in fact mostly 'reds' despite their repeated claims at the time that there is no such thing as a red and that those calling them 'reds' are bigots...starting to sound familiar?

    The hippies typically called anybody who disagreed with them a 'bigot' or a 'Racist'. It's gotten to the point that the words have almost no meaning beyond hyperbole as they are so overused.

    In other words if you don't want to be identified as a idiot stop using the words of idiots ('Bigot' != 'disagreeing with you').

    --
    John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  93. Pharmaceuticals are capped at 14 - 17 years. by crowne · · Score: 1

    This promotes cheap medicines. http://query.nytimes.com/gst/fullpage.html?res=9B0DE0D7113AF932A0575BC0A961948260 No patent term extension can extend the term of a patent for a pharmaceutical beyond 14 years from the receipt of Food and Drug Administration approval to commence marketing. ... The bottom line is that the period of marketing exclusivity provided by a patent for a pharmaceutical can never exceed 17 years

    --
    RTFM is not a radio station.
  94. Re:Down with GPL - it HURTS THE ECONOMY !! by roman_mir · · Score: 1

    I'll be standing right there with a machete, crossbow a spear and some bolas, waiting for the flames to engulf your protection.

  95. Mod parent up by Anonymous Coward · · Score: 0

    People who think creative work is easy and the road to riches should go do it for a living. Then come back and tell us how "easy" it is compared to a "real job".

  96. Re:Down with GPL - it HURTS THE ECONOMY !! by neomunk · · Score: 1

    And you'd be put down like the viscous animal you're professing to be.

    I'm not worried about power tripping chumps who think they are tough, I've handled the very few dumb enough to think I can be bullied very efficiently, thank you.

  97. typo correction by neomunk · · Score: 1

    vicious

    sorry.

    1. Re:typo correction by roman_mir · · Score: 1

      not before your head would fall to the ground.

    2. Re:typo correction by roman_mir · · Score: 1

      btw., if by some bizarre chance you manage to kill me, armed with the necessary tools, there will be another one, just like me, right behind me.

      The point is - eventually you will fall, since without guns it's all back to fighting face to face with knives, sticks and stones. And nobody can survive that kind of life for too long.

    3. Re:typo correction by neomunk · · Score: 1

      In what place do you live that society is one big winner-take-all melee tournament? I guarantee that if something liked that happened where -I- live you won't see people lining up to fight one-on-one battles against marauding warriors. Idiots will come looking for trouble, and they'll find it by the neighborhoodfull. Problems like that become quickly self-correcting.

      Besides, if we DID get to the point where everyone gave up their guns, do you honestly think that toughguys are going to be a major force in society? No. You'll of course have a few straggler wanna-be toughguys out there, but they (like always) are little people, and of little consequence.

      But to cut to the heart of the matter, we have to realize that we're talking about something that has virtually ZERO chance of occurring in my lifetime. I guess I'll just be armed and unworried instead of unarmed and unworried, huh?

    4. Re:typo correction by roman_mir · · Score: 1

      You are mistaken. Where I am right now, where I was before, and before that, and before that... everywhere people are the same. There is always one guy and another guy and another who want it all. They will first kill people around them to subdue them, then they will form organizations that will fight each other while still killing people around them for resources. Eventually one or two will become the dominant force, with their own armies and they will run your neighborhood and you will not have a choice but to buy everything through them, you will not have a choice but to ask them permission if you want to start a business, and they will tell you what their cut is. And if you go against them, you will die. And it maybe me, I could be one of them given the right circumstances. And obviously I would want to be stronger than the other guy and I will set on acquiring the best tools for this, and eventually guns will be back. So don't worry, this will not happen in your life time, in anyone's lifetime. Once we have a weapon, we can only go forward with it, we will not give it up.

  98. inventors vs non inventors by Anonymous Coward · · Score: 0

    The proposals that started this flame war came from a couple of economists in a small university somewhere. Why am I not surprised? They remind me of Jacque Derrida, the french post-modernist critic whacko. These economists never invented anything themselves, but they sure like drawing attention to themselves by tearing down people who actually create.

    So, I'm amused, but not surprised by anti-patent comments like this one about infringers: "Good for them. If there's enough volume for them to do this profitably, then I've probably already made enough money and can move on to something else."

    Same for so many of the posters here who are critical of patents: jealous types who have never actually invented anything of worth themselves.

    I have. I have issued patents, I have started a small business and invested years of starving before it was profitable. I am hiring people and pay them well (including profit sharing and full medical) and I can tell you this: I could NEVER have done it without patent protection. Why go through all the sweat and strain and risk if some lazy type can come in and knock you off? I've fought off huge companies that infringed on my patents, I'm still in business and still paying my employees because patents provide a way for me to have a limited time of protection.

    Are there patent trolls out there? Sure. Are there huge companies out there manipulating the patent system? Sure. But posts like, "This protection comes at the public expense. And since it appears that this expense is greater than the benefits resulting from the protection, not abolishing copyright and patents is what is absurd" sound like they come from a leech-wannabe who has himself never invented anything of worth or written a piece of music.

    Oh, and to the poster who threatened to "(make) a beeline to China and (do) it there without the millions of laws and tens of thousands of lawyers all suing everyone into oblivion over idiotic patents" Good luck with the uncontrolled pollution, exploitation of workers and repression that seem to go along with a state that also believes individuals should not have rights to their intellectual ideas.

  99. Boldrin & Levine Posted Book on the Web by truthinquest · · Score: 1

    Boldrin and Levine have posted the bulk of their book Against Intellectual Monopoly on the Web. So, if you don't want to purchase a dead-tree version of the work, you can download what amounts to an e-book (free of charge, but minus the front and back matter) from Mssr. Boldrin's website.

    Last time I checked, there was a copyright regime in place for published works. I call these authors enlightened, not hypocritical, for finding a middle ground. Their publisher, Cambridge University Press, probably requires a copyright on any works that they distribute, if for no other reason than to protect their investment. The publisher also shows a degree of enlightenment, in allowing the simultaneous posting in digital form without DRM, unlike most publishers these days. By the way, Lawrence Lessig has followed a similar approach with his book Free Culture. (That work is also copyrighted, but the PDF version on the Web is released under a Creative Commons license.)

  100. Let's Be Reasonable by Anonymous Coward · · Score: 0

    I'm not against the idea of patents and copyrights, but for no more than 20 years. This 100+ years bulls**t has to stop. Nobody should live off of royalties and nobody's children should live off of royalties once they're dead.