Russian President: Time To Reform Copyright
An anonymous reader writes "While most of the rest of the world keeps ratcheting up copyright laws by increasing enforcement and terms, Russian President Dmitry Medvedev appears to be going in the other direction. He's now proposing that Russia build Creative Commons-style open and free licenses directly into Russian copyright law. This comes just a few days after he also chided other G8 leaders for their antiquated views on copyright."
I'm starting to like Russia. It's also understandable why US tried to fight for copyrights so much - that's basically the only thing they produce now. Rest of the world produces actual products. US can try to attack rest of the world all it can, it only makes other countries see it faster - when rest of world start supporting free licenses and free copyright, US collapses really, really bad.
A 'Soviet Russia' joke that's not disparaging of Russia: "In Russia, you reform copyright law. In America, copyright law reforms you..."
Hyperbole: I use it liberally!
IP rights seem to have gone to point where only lawyers benefit. As anyone who's ever been billed by one knows, it's friggin expensive. Probably a lot of the world's productive capacity is used on this kind of paperwork, and with questionable results (will Metallica really stop making music if they didn't have copyright? Are drug patents approved for the drugs people actually need? Etc, big can of worms...). Time for a cleanup. Not sure how, as any transition phase would be internationally fragmented and highly contentious, but we'd all benefit from a less complex system.
Just to support your comment a bit, see this story which just happens to be on CNN's front page: here.
From that:
"The increased difficulty in protecting data comes as the value of intellectual property is skyrocketing for companies. In 2009, 81% of the value of S&P 500 companies was "intangible assets" such as patented technology, proprietary data and market plans, according to an estimate by Ocean Tomo Intellectual Capital Equity. In 1985, only 68% of the S&P 500 market value was from intangibles, according to Ocean Tomo."
So, you're not far off the mark: The USA says it's wealthy because it is counting "intangibles" as wealth, or more accurately: things that do not suffer from scarcity. If your main assets do not suffer from scarcity, you have a problem because supply, once known, is infinite: and if supply is infinite then the real cost of it is zero.
Shh.
Pres. Medvedev is a great troll! Unfortunately, he doesn't decide anything in Russia - Putin does.
For example, quite recently "Deep Purple" was forced to pay $15000 for performance of music by "Deep Purple" (http://russian-law.livejournal.com/44954.html)!
You see, there's a mandatory 'performance fee' in Russia which goes toward central agency which then distributes gathered money to artists (minus 15% commission). Also they receive 1% of sale price for all computing equipment. And about 0.1 cent from each square meter of hotel space. And also there's no practical way to opt-out out of this system for artists.
So Medvedev can talk all he wants, it won't change a thing.
Reaction here is straight opposite to opinions on russian tech-related sites.
CC-like licence is just to not use the original CC. Original CC will become outlaw. If you want to use CC or GPL licensed product - make sure it is registered in a new "CC-like" government registry. What do you mean "I don't know if Linus and all his thousand of developers signed all the documents to apply to this brand new CC-like license?" Not licensed - not legit. Go back home poor opensource boy.
The copyright laws [url=http://www.law.northwestern.edu/colloquium/ip/documents/gordon.pdf]are morally inconsistent[/url]. We should all strive to not support them.
Here is a great book http://mises.org/books/against.pdf against intellectual property laws.
I am a believer in natural law theory. This basically means there are laws that govern how humans interact with each other just like those that we describe with physics. The goal of human law should be to work with those laws.
There is a natural intellectual monopoly that goes with any discovery. When a new product is first created it isn't obvious if it will be successful. It is only after it is successful do others want to copy it. This gives the creator a natural monopoly in which they can be the only seller. Also what is interesting is that unlike our legal monopoly the natural one adjusts based on how advanced the discovery is. Something that is obvious like the one click buy button can be instantly copied. But a new piece of hardware that is a generation more advanced might take competitors years to reverse engineer and gear up for fabrication
I love Jesus, except for his foreign policy.
Copyright rules designed to create/protect monopolies and cartels in intellectual property business areas and more in general give them a huge first mover advantage only make sense for countries which already have large and well-established "creative" (not just media but also product design) multinational corporations.
If a country's companies have already been out staking claims in the "ideas territory" and charging for access to it for a long time, it makes all sense for that country to try and protect those claims and revenue sources.
(It's not by chance that countries such as the UK and the US that have the biggest and oldest media industries are the ones pushing hardest for international rules that create artificial scarcity and establish/protect monopolies in the ideas space).
If however you are a country without big creative companies and/or whose companies are late entrants, the kind of copyright protections pushed by first-mover nations serves only to hinder your own company's progression and increase their costs in that space, something that the companies that went there first did not have to face.
Pretty much all BRICs are in the position of being tol-payers rather than tol-owners in the ideas space, thus it makes all sense for them to be against copyright as pushed by the likes of the US and the UK.
There's no need to subscribe to natural law theory to support the liberalization or eliminating of intellectual property laws. Against Intellectual Monopoly by Michele Boldrin and David K. Levine takes a pragmatic approach to evaluating intellectual property. They argue through empirical study that eliminating intellectual property laws would actually improve innovation and creation.
Your comment made me think of HHGTG.
TFA says the writer doesn't understand why CC should be baked into copyright, well, I'm no lawyer and I don't speak Russian, but perhaps he's doing what I've suggested all along -- that no noncommercial copying be deemed "infringing". You're no more going to stop P2P file sharers than you're going to stop potheads from smoking, or stop people from drinking back in the 1920s.
Noncommercial "infringement" doesn't harm anyone, and studies show that "piracy" actually increases sales. Music pirates spend more money of music than non-pirates. A book publisher commissioned a study a couple of years ago to find out how much piracy hurt sales, and was flabbergasted to find that there was a second sales "spike" when the pirate version hit the web.
The RIAA is at war with their competetion, the indies. The indies rely on P2P and the web, while the RIAA has radio. If there were no such thing as radio, the RIAA would embrace file sharing. Hell, back in the 1950s there was a "payola" scandal where RIAA labels would PAY to have their songs on the radio.
As Cory Doctorow (who gives his ebooks away for free on boingboing) says, nobody ever went broke from piracy, but many artists have starved from obscurity.
Free Martian Whores!
I was observing the core of the issue. Unfortunately I didn't give the implied conclusion: Copyright in specific and intellectual property in general is about adding scarcity to things that do not inherently suffer from it. Especially in the Information Age.
Now, with that said: there is a future problem for content industries. Technology and content are becoming commoditized. Rendering technologies, places like Pixar, are becoming more and more realistic. And those technologies will eventually have Free implementations. Also, Free content, right now predominately in operating systems, is beginning to spread to other areas: props, character models, textures, sounds, music, and scripts: anything imaginable to make a story whether interactive or not. Eventually, using nothing more than creative commons material and lots of computer rendering power any individual or small group of individuals will be able to match the creative quality of today's Hollywood. There will be a collapse eventually for movies, fictional books, and music. It can only be held off.
Until then, I also will continue to buy all my games, and books - I don't really buy any new music nowadays: for that I'm satisfied. And the reason I will: because in the now I want to enjoy quality entertainment - if not for the current work then as you say for the next. But above all that: I do see the end for for-profit content approaching unless giving away your effort is made illegal for everyone.
Shh.
I'm Canadian, but I pay attention to US politics from time to time.
I don't think it's quite fair to state that Obama didn't take action. He did. However, the first *big* change he advocated during the election, Health Care Reform, was quite effectively blocked. He's spent years on that, and years fighting to prevent a reversal for the meager changes he could push through.
It isn't like Obama can wave a magic wand, and make change. It isn't like any president can. He did what he could, he brought forward the idea of change. He spearheaded change. Many attempted to block that change, including many Democrats.
I'm all for pointing out flaws, but at least point at the right flaws.
An alternative example, was during first few weeks of a Conservative government up here. They canceled the national day care program. Many people were upset by this, which is fine, but people claimed Harper was a 'bad leader' for doing so.
Ur, bad leader? He *campaigned" on abolishment of that program, and was democratically elected. If he *hadn't* canceled that program, he'd have been a bad leader! He'd have *lied*.
So, I guess what I'm saying is -- is sounds to me like health care reform was an attempt at massive change -- that failed through no fault of Obama's. So, what are you blaming him for, exactly?
So before they didn't allow authors to use free licenses?
Ironically, you're hit at exactly the right question.
Yes, under the Russian law as it stands, there is some doubt among lawyers whether CC licenses have legal standing. It's not about whether the authors are allowed to say that such-and-such is licensed under CC, it's about whether the license is valid; in particular, whether the author can actually sign away his rights like that. The problem is with interpretation of licenses, or rather contracts, in Russian law. For considerable time, you couldn't have a license contract where one side didn't get any material compensation - it always had to be tit-for-tat (even if the pay could be entirely symbolic, like 1 rouble) - that ruled out all FOSS & CC licenses.
This was changed in 2008, but there's one other problem - Russian law does not permit the author to sign away his exclusive rights to intellectual property easily; it has to be made in a written contract, and every such contract must be registered with the government. This requirement is still in place, and, technically, means that most FOSS & CC licenses are not valid, and for any works released under them, normal copyright regime applies (which does not give permission to redistribute or modify).
This is what Medvedev is talking about reforming. It's not at all about shorter copyright terms, nor decriminalizing personal sharing.
Nothing to see here, move along.