Slashdot Mirror
Why Games Should Be In the Public Domain
Robotron23 writes "Rock, Paper, Shotgun writer John Walker shook a hornet's nest by suggesting old videogames should enter the public domain during GOG's Time Machine sale. George Broussard of Duke Nukem fame took to Twitter, saying the author should be fired. In response to these comments RPS commissioned an editorial arguing why games and other media should enter the public domain much more rapidly than at present. 'I would no more steal a car than I would tolerate a company telling me that they had the exclusive rights to the idea of cars themselves.' says Walker, paraphrasing a notorious anti-piracy ad (video). 'However, there are things I'm very happy to "steal," like knowledge, inspiration, or good ideas...It was until incredibly recently that amongst such things as knowledge, inspiration and good ideas were the likes of literature and music.'"
The problem George Broussard has with the issue is that companies like 3D Realms (while they were actually still a game development studio, and now during it's quasi-half-existence as a publisher) cling desperately to old properties as their their only source of revenue. They've failed miserably at actually releasing any updates to their own works or creating new properties, and so their revenue streams has devolved to porting Duke Nukem 3D to the Xbox, PlayStation, Steam and any other platform that comes to mind, and licensing everything else out to separate studios (such as the Duke Nukem Forever, and last year's Shadow Warrior update).
The later, I assume, is the only thing that is holding them together as a corporate entity, along with anything that might of come out of the settlement with Gearbox (if they got anything).
Take away their copyright to those IPs, and companies like 3D Realms would not last another year.
As a result, his reaction to these kinds of comments is totally unsurprising.
Exactly. Even if it comes down to earning money on works, long copyrights don't make sense. For example, here's a list of movies released 25 years ago in 1989 by US box office results: http://www.imdb.com/search/title?at=0&sort=boxoffice_gross_us&title_type=feature&year=1989,1989 Obviously, some of those (e.g. Indiana Jones and the Last Crusade) might still be making the companies some money while others (Fletch Lives) probably aren't. Even the movies making money are probably not making huge amounts.
Of the 3,166 titles that IMDB lists, how many are still actively making a decent amount of money for the companies that own them? If it is a small fraction, then why are we holding back Public Domain status on the vast majority just so a few movies can draw in a couple more bucks?
My sci-fi novel, Ghost Thief, is now available from Amazon.com.
I mostly agree with you 100% with respect to the original work.
The main issue I see though is its short enough that derivative works become an issue.
Take books to movies. Runaway success like Hunger Games and Harry Potter will get made into movies within the 20 year copyright and the author will get some reward.
But any book that didn't get made into a movie in the first 3-5 years would probably languish for the next 15, and then get strip-mined by the film industry.
For some reason the idea of Hollywood sitting around strip mining books from the 90s without compensating the authors rubs me the wrong way. Especially knowing that they are literally waiting like vultures for them to roll over into the public domain precisely so they can deprive authors of any royalty or payment.
Likewise, I dislike the idea of musicians having their music co-opted without their consent into jingles to peddle stain removers and political parties in commercials.
So I propose that the copyright be broken up a bit.
a) The rights to basic broadcast and redistribution expire after 20 years. So you can make a copy of a movie, or a book or whatever after 20 years for free. You can show it in a theatre or school, etc.
b) However the rights over derivative works (book to movie, etc) and commercial re-purposing (e.g. advertising etc) are "75 years or life of the author + 5 years*, whichever is longer" or something, and requires active renewal for a nominal fee. (So that abandoned works automatically roll into the public domain quickly.)
(* + 5 years to prevent the inevitable strip mining of an authors estate right after they die, capitalizing on the news of their death as free marketing for whatever they produce by strip mining. So the estate can benefit a bit from that.)
You cannot create anything in a vacuum. Your time and resources may be of your own but, your effort is build upon the effort of those who came before you. Asking for repayment of your time and resources is reasonable. Asking for indefinite repayment on all similar creations, while holding to the naive idea that all effort was yours alone, is disingenuous if not fraudulent. If you have enhanced society with your contributed effort then, society should reward you.
The only debate is the terms of that reward, nothing more, nothing less. The false notion that effort entitles one to complete dominion over similar effort is new, relatively speaking, and not universally agreed upon as being reasonable. I would argue that, monetary rewards be the only reward, and that false dominion is for those who are selfish and lack awareness.
An honest man borrows and stands on the shoulders of others. A dishonest man claims he alone is the progenitor. See original quote.
From your previous statements, it would seem you are dishonest, if not selfish ... or I'm reading into this too much.