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The Best of The Worst Hollow Copyright Claims (medium.com)

tiltowait writes: Slashdot readers should be familiar with most if not all of these, but the list of 20 Hollow Copyright Claims is a somber reminder of the current sorry state of intellectual property laws in the United States--as anyone who's encountered a paywall or a takedown notice (or remembers Slashdot's run-in with Scientology) can attest. It serves as a call to arms that we not lose sight of the benefits to sharing knowledge.

70 comments

  1. Missed one by PvtVoid · · Score: 4, Interesting

    One of the most disgusting recent copyright stunts was the Anne Frank Foundation extending the copyright on her diary by claiming Otto Frank as a co-author.

    If anything ought to be considered owned by the world as a whole, it's Anne Frank's diary.

    1. Re:Missed one by crbowman · · Score: 1

      Why don't they try to determine her original contribution and simply publish that instead?

    2. Re:Missed one by Anonymous Coward · · Score: 0

      Seriously? Hyperbole much? The _one_ work of art that "ought to be considered owned by the world" is Anne Frank's diary?

    3. Re:Missed one by Anonymous Coward · · Score: 0

      One of the most disgusting recent copyright stunts was the Anne Frank Foundation extending the copyright on her diary ...

      Jewish people interested in grubbing for money ?

      How unusual.

      Wow, you have to be Jewish to grub for money?

      How odd, I thought you just had to be human.

    4. Re: Missed one by Anonymous Coward · · Score: 0

      Anti-bigot doesn't necessarily mean SJW. Anti-bigotry existed long before the stain of SJWs started wreaking havoc from their little hugboxes.

  2. IP Lawyers Are Monsters by Anonymous Coward · · Score: 0

    It's mainly why we should reduce the number of IP lawyers by a factor of 10, and make the rules surrounding their conduct so tight that even one misstep means permanent disbarrment and a twenty trillion dollar fine, to be worked off by licking toilet stalls, while a large woman kicks them in the groin every twenty minutes as Walkürenritt or Ritt der Walküren plays. Those IP lawyers that were left would be investigated for sociopathyy, and the sociopaths would be taken out and beaten on the head until they had an IQ of 11, and the rest would be forced to recite eighty times a day "I am a diseased piece of shit, evil and without a single redeeming quality."

  3. The mouse will soon push to make them last longer by Joe_Dragon · · Score: 3, Insightful

    The mouse will soon push to make them last longer and they also want the right to move stuff in to the vault and take off the market just to have them come back out years later.

  4. Re:What about the infection nature of the GPL? by Anonymous Coward · · Score: 0

    Troll, please go away. That's not how it works.

    CAP === 'reunion'

  5. Paywalls not like the others! by JoshuaZ · · Score: 2

    Paywalls are not like the other issues here. Paywalls are legitimate although often futile attempt for people to make a profit off their labor. The problem is precisely the long-term copyright issues that the article actually discusses where the people claiming copyright are either claiming it on highly derivative works or on works made fifty or more years ago. Putting in paywalls into the summary distracts from the serious issues here. Focus on the real problem.

  6. The Worst Hollow Copyright Claim: by penguinoid · · Score: 4, Insightful

    "Author's lifetime plus 70 years"

    --
    Don't waste your vote! Vote for whoever you want, unless you live in a swing state it won't matter anyways
    1. Re:The Worst Hollow Copyright Claim: by Anonymous Coward · · Score: 0, Interesting

      I'm an author, and I have no problem with this. In fact, I encourage it. Why should a generation find a means to profit off my work, changing it, manipulating it, doing whatever they want with it, soon after I pass? What a disgrace that could be. Have you seen how far removed these new Alice and Wonderland movies are? Gawd, completely off the point. Now people think of Lewis Carrol as an author and cartoonist, not the brilliant methmetician he was. There's also the drug/hippie flower-power relationship that was never intended.

    2. Re:The Worst Hollow Copyright Claim: by JoshuaZ · · Score: 4, Insightful

      Would you actually not produce things if people would eventually in some sane amount of time get access to do what they want with your works? More to the point, how do you think things would be if Shakespeare was still copyrighted, or Jane Austen, or Shelley's Frankenstein? The point of copyright is to have a long enough period to encourage people to make their own works. If you really aren't comfortable with people maybe playing with your ideas 70 years after you've died, then that shows if anything that you've absorbed too many of the ideas of very long copyright times, and I daresay you are the exception rather than the rule even given that.

    3. Re:The Worst Hollow Copyright Claim: by Anonymous Coward · · Score: 1

      Sarcasm? Hard to tell.

      Anyhow, the point is that Carol's work has, for better or worse, become part of our culture. Like Shakespeare or Dickens, it has moved from "story written by some guy to make money to pay the rent" to "important part of the story-telling canon of the human species". Sure that means you'll get dubious versions made - just think of all the oh so serious but god-awful Shakespeare "adaptions" put on by two-bit theater companies with more enthusiasm than acting ability - but it also means people can *use* their culture *as it has always been and should continue to be used*. Retelling the stories. Adapting them. Mashing them together. *Enjoying* them! Copyright for lifetime of author plus short period is fine and dandy: author's should have a chance to make money from their work, and their family should have some transition time to find alternative sources of income after they die, but past that... no. Just no. And arguing for it based on your dislike of the taste of others is not a valid argument.

      Now, if you're talking movie makers taking our cultural heritage by making a dubious film adaption and *asserting copyright where they have no business asserting copyright* then you would have a point, but as it is - you don't.

    4. Re:The Worst Hollow Copyright Claim: by Culture20 · · Score: 4, Insightful

      I'm an author, and I have no problem with this. In fact, I encourage it. Why should a generation find a means to profit off my work, changing it, manipulating it, doing whatever they want with it, soon after I pass? What a disgrace that could be.

      Parent is totally right. After all, the copyright clause does read:

      To promote the Agrandizement of Creative Egos, by securing for extreme Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.

    5. Re:The Worst Hollow Copyright Claim: by Anonymous Coward · · Score: 0

      Blasted hippie meth-e-meticians...

    6. Re:The Worst Hollow Copyright Claim: by rtb61 · · Score: 1

      To allow and promote the entire creativity of humanity and assigned to corporate publishers until the end of time. Now M$ will be stealing that right off your hard disk drive with windows 10 the very second you sign them those rights by signing off on the ever changing EULAs.

      --
      Chaos - everything, everywhere, everywhen
    7. Re:The Worst Hollow Copyright Claim: by Atomic+Fro · · Score: 2

      The point of copyright is to have a long enough period to encourage people to make their own works.

      I'm going to nit pick this, but don't take it personally because I think you get it, but the overwhelming majority don't. Whenever people say/write this I think they believe its the exclusivity itself that is the motivator for artists to create works. I totally reject this idea. Read this sampling of how musicians feel about online "piracy."

      My take away from it are that the artists either don't care or are encouraged by it. To them, their art is an experience. It's either the experience of going to a show to witness a live performance, or like Jack Black's comment, holding the vinyl and seeing the album art in its bigger than life glory and reading all the extras in the album notes. No amount of copying is going to stop people from going to live shows, and no amount of copying can hurt real album sales. The recording industry got cheap and lazy and shot themselves on the foot when they reduced themselves to being the packagers of only 1s and 0s.

      Its the old guys that are attempting to live off the residuals and the royalties of stuff they did 20, 30, 40 years ago that dislike it so much. I took Prince's comment as "Shit, if I can't make my % on sales, I am going to have to get off my ass and work again."

      And now, to my point, I argue that it's "for limited Times" which serves as the motivator for artists to create. That copyright expires is the most important part in the copyright clause. If I write a book or two, win success roulette, and maybe get a movie deal which nets me enough money for me to be more than comfortable for the rest of my life, my children's lives, and most of my children's children's lives, why would me or my children work? Pure greed, more money? Greed doesn't make for good art.

      I'm getting off the path now, but its the same story with healthcare in America. The people were tricked by the leeches to believe that the cause of excessively high healthcare costs (insurance) is the solution . The problem with copyright / being able to create new works is that copyright lasts too long.

      --

      ==================
      Hippie Logger Jock
      ==================
    8. Re:The Worst Hollow Copyright Claim: by Dcnjoe60 · · Score: 1

      Copyright for lifetime of author plus short period is fine and dandy: author's should have a chance to make money from their work, and their family should have some transition time to find alternative sources of income after they die, but past that... no. Just no.

      Of course this whole extension thing started with Mickey Mouse. I mean those poor suffering Disney family members, err shareholders. Whatever would they have done without the extension?

    9. Re:The Worst Hollow Copyright Claim: by youngone · · Score: 2

      I'm an author, and I have no problem with this. In fact, I encourage it. Why should a generation find a means to profit off my work, changing it, manipulating it, doing whatever they want with it, soon after I pass? What a disgrace that could be. Have you seen how far removed these new Alice and Wonderland movies are? Gawd, completely off the point. Now people think of Lewis Carrol as an author and cartoonist, not the brilliant methmetician he was. There's also the drug/hippie flower-power relationship that was never intended.

      Why would you even care? You'll be dead.

      Also, if you don't like the current Alice movies you're probably not a child, which is the intended audience, as far as I can see.

      I resent the fact that Mick Jagger's children will be living off continued royalties for their entire lives.

    10. Re:The Worst Hollow Copyright Claim: by Anonymous Coward · · Score: 0

      I'm getting off the path now, but its the same story with healthcare in America. The people were tricked by the leeches to believe that the cause of excessively high healthcare costs (insurance) is the solution . The problem with copyright / being able to create new works is that copyright lasts too long.

      Do you really believe that that the high cost of healthcare in the US is due to health insurance, even though it is one of the few developed countries where not everyone has health insurance?

    11. Re:The Worst Hollow Copyright Claim: by Anonymous Coward · · Score: 0

      I'm an author, and I have no problem with this. In fact, I encourage it. Why should a generation find a means to profit off my work, changing it, manipulating it, doing whatever they want with it, soon after I pass?

      The only reason they can't do it while you are alive is because they have gracefully allowed you to have copyright.

      Considering that there now is more than a thousand years worth of music floating around and more books than one can hope to read, copyright have served its original purpose.
      We don't need more books and music, we need books and music of higher quality. That sort of leaves you out of the equation, doesn't it?

    12. Re:The Worst Hollow Copyright Claim: by Darinbob · · Score: 1

      The worst part with the bit about the Tolkien Estate is that they have so little actual control over Tolkien's works. A different group (the Saul Zaentz Company) owns rights to the movies, games, and merchandise. The Tolkien estate did sue about the games part, but only because Saul Zaentz Company was expanding that to include casino games. So who should own the rights, the descendants or some sleazy Hollywood holdings company?

    13. Re:The Worst Hollow Copyright Claim: by Anonymous Coward · · Score: 0

      So who should own the rights, the descendants or some sleazy Hollywood holdings company?

      How about neither?

      The works of Tolkien is a good example of where copyright no longer serves a purpose.
      That derivatives could benefit from having protection of their own can be argued, but for the original books? Hardly.

    14. Re:The Worst Hollow Copyright Claim: by Anonymous Coward · · Score: 0

      Most developed countries with free healthcare doesn't have a middle man that grabs a piece of the pie.
      There is already an averaging of the costs through the tax pool. There is no need for one more.

    15. Re:The Worst Hollow Copyright Claim: by AmiMoJo · · Score: 2

      I know, it's outrageous that my employer stops paying ME after I die, let alone not paying my children! I mean, I worked hard today, surely that continuing deserves payment to my descendants long after I'm dead. Why would I bother working tomorrow if I know I'm only going to get paid for 1 DAY!

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    16. Re:The Worst Hollow Copyright Claim: by Anonymous Coward · · Score: 1

      Far greater works then yours were made when copyright expired within an authors lifetime, 14 years with a right to renew for another 14 years, and this was before we had instantaneous worldwide publication.

    17. Re:The Worst Hollow Copyright Claim: by Holi · · Score: 1

      It all started with Noah Webster in the 1830's

      --
      Sorry, teleporters just kill you and then make a copy. A perfect, soul-less copy.
    18. Re:The Worst Hollow Copyright Claim: by Dcnjoe60 · · Score: 1

      It all started with Noah Webster in the 1830's

      But it was the Disney decision that extended it the time period because they were about to lose the rights to Mickey Mouse.

    19. Re:The Worst Hollow Copyright Claim: by david_thornley · · Score: 1

      In the US, copyright law is based on one passage in the Constitution, and can't be based on any other. The purpose of patents and copyrights are to encourage people to produce more stuff. If the copyright is long enough to give you incentive, it's long enough. Personally, I can't see any person or company doing something creative because they thought they'd rake it in thirty years later, so I consider the 14+14 of my youth pretty much ideal.

      How many brilliant mathematicians of the Nineteenth Century and earlier are thought of by the general public as mathematicians? Newton is known for his physics, for example.

      Not to mention that Lewis Carroll was not primarily a mathematician. Charles Dodgson did math, and used Lewis Carroll as a pen name. Carroll is an author and poet.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  7. I don't get #17 by penguinoid · · Score: 1

    What's the big deal? Those pictures look like they were taken by some monkey with a camera.

    --
    Don't waste your vote! Vote for whoever you want, unless you live in a swing state it won't matter anyways
    1. Re:I don't get #17 by Anonymous Coward · · Score: 0

      #17 only? At this point I am confused if TFA article is pro or anti copyright.
      Disclaimer: I only read the 20 examples.

  8. If you're opposed to our current IP law by rsilvergun · · Score: 4, Insightful

    you've already lost by calling it "Intellectual Property". It's always nice to pick the terms in a debate...

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
  9. Re:What about the infection nature of the GPL? by Dcnjoe60 · · Score: 3, Insightful

    You are trolling, of course, but the GPL is a license to use the code that somebody else created. One is free to use is as long as they abide by the terms. That is no different than using BSD, MIT or even proprietary code. In short, if you don't want to abide by the copyright owners terms, then don't use their code.

  10. Re:The mouse will soon push to make them last long by FatdogHaiku · · Score: 3, Funny

    The mouse will soon push to make them last longer and they also want the right to move stuff in to the vault and take off the market just to have them come back out years later.

    ... and now they have The Force on their side...
    Dum dum dum da dumdum da dumdum d-
    Possible Intellectual Property Violation Detected
    no carrier

    --
    You have the right to remain sentient. If you give up the right to remain sentient, you will be elected to public office
  11. Don't forget the comic book movies... by __aaclcg7560 · · Score: 2

    The movies studios refusing to return the license back to the comic book companies and made more bad sequels to Superman and Spiderman.

  12. Missed Another by Anonymous Coward · · Score: 1

    After the failure of the publishing industry to ban international books for domestic resale, they have hit upon another venture. Access codes, which can only be used once. This makes used books obsolete when professors "require" that a student use the publisher's online garbage.

  13. #11 needs some clarification.. by Anonymous Coward · · Score: 0

    Magic tricks aren't typically copyrightable. This is one of the reasons magicians keep the secrets. The only thing that allowed Teller to successfully sue was that he copyrighted the *routine*(cutting the leaves off a rose, magically), not the methods of the trick itself. So if one could rework that trick such that it didn't involve the leaves of a plant, you might be able to get away with copying the methods and using it.

    Bonus: my captcha was "blamer"

    1. Re:#11 needs some clarification.. by david_thornley · · Score: 1

      How the bleep do you copyright that? If something's copyrighted, IIRC there should be a copy in the Library of Congress. You're talking about copyrighting a "routine". You can copyright a line of patter if you write it down, but not actions. Teller could have patented the process, in which case it would be generally available for everyone to read about, or kept it a trade secret.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  14. Steam Boat Willy by Anonymous Coward · · Score: 1

    Lets be clear that its not Mickey Mouse that is being extended, that is a trademark and does not expire as long as its used.

    It's an old black and white cartoon called Steam Boat Willy, in which Mickey appeared. If that went out of copyright, people would be able to make copies of it, and Walt Disney would lose the value of the sale of that cartoon.... which is zero because they don't sell it.

    1. Re:Steam Boat Willy by davester666 · · Score: 1

      Man, am I jonesing for seeing Steam Boat Willy being backdoored.

      --
      Sleep your way to a whiter smile...date a dentist!
    2. Re:Steam Boat Willy by Michael+Woodhams · · Score: 1

      People could animate Hamlet with a certain mouse as the protagonist (so long as it looks like 1930s Willy not 21st century Mickey.) They could distribute the Steam Boat Willy cartoon modified so that the mouse protagonist is naked and has oversized genitalia - just so long as they never call the mouse protagonist "Mickey". I think these are the sorts of possibilities that give Disney executives sleepless nights.

      --
      Quattuor res in hoc mundo sanctae sunt: libri, liberi, libertas et liberalitas.
    3. Re:Steam Boat Willy by stealth_finger · · Score: 1

      and Walt Disney would lose the value of the sale of that cartoon.... which is zero because they don't sell it.

      ...and it's shit.

      --
      Wanna buy a shirt?
      https://www.redbubble.com/people/stealthfinger/shop?asc=u
    4. Re:Steam Boat Willy by Anonymous Coward · · Score: 0

      "People could animate Hamlet with a certain mouse as the protagonist (so long as it looks like 1930s Willy not 21st century Mickey.)"

      You're asserting that the Steam Boat Willy Mickey is so different from the current in use mickey that it isn't a trademark infringement [#1]. If that was true, then you could do that now. Regardless of Steam Boat Willy copyright. Its false which is why people don't do it.

      "They could distribute the Steam Boat Willy cartoon modified so that the mouse protagonist is naked and has oversized genitalia"

      Again a negative use of the Disney trade mark, unlike the first claim, this one is worse, because you used the cartoon to absolutely remove any doubt that it was Mickey.

    5. Re:Steam Boat Willy by Anonymous Coward · · Score: 0

      They don't sell steamboat willy - if they did - you would soon be able to copy it legally. So they keep the original locked up, where you cannot make such copies. If they eventually find a market for it, they will sell a "freshly edited updated version" which of course get a new copyright due to the new editing. Want to prove it is no different from the old original? You can't - because it is locked up. . .

    6. Re:Steam Boat Willy by crankyspice · · Score: 1

      Lets be clear that its not Mickey Mouse that is being extended, that is a trademark and does not expire as long as its used.

      It's an old black and white cartoon called Steam Boat Willy, in which Mickey appeared. ...

      Not necessarily the full story. Haven't done a full analysis, but, Steam Boat Willy arguably contained other copyrightable elements (Mickey Mouse for instance). Here's an interesting article regarding what happens when a character falls into the public domain: http://www.theglobeandmail.com/arts/books-and-media/copyright-change-leaves-james-bond-up-for-grabs-in-canada/article22606770/

      --
      geek. lawyer.
    7. Re:Steam Boat Willy by david_thornley · · Score: 1

      You can't use trademark to substitute for copyright. It doesn't matter if Steamboat Willy is trademarked or not, the cartoon could be distributed in original or changed form. You'd be on really shaky ground if you called the mouse Mickey. Any attempt to represent the thing as connected to Disney would probably wind up staring into the wrong side of a trademark infringement suit.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    8. Re:Steam Boat Willy by Anonymous Coward · · Score: 0

      but it is the first successful synchronization of film action with sound (and especially the rythym of the music)...

    9. Re:Steam Boat Willy by Anonymous Coward · · Score: 0

      I correct myself: the first successful synchronization of ANIMATED film action with sound.

  15. Disney by IHateGrapes · · Score: 5, Informative

    Disney will be pushing for copyright extension in 5-6 years. It's obscene that the time between the Grimm Brother's original Snow White, and Disney's retelling, will soon be less than the time Disney's owned the copyright to their version of the Grimm fairytale.

  16. Mark Twain by ChrisMaple · · Score: 1

    Samuel Clemens dies in 1910. The copyrighted newest version of his partial autobiography came out in 2010.

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    1. Re:Mark Twain by Anonymous Coward · · Score: 0

      Samuel Clemens dies in 1910.

      SPOILER ALERT.

  17. Access to original by Michael+Woodhams · · Score: 3, Interesting

    This raises an interesting issue:
    If I edit Anne Frank's diary, I have copyright on the edited version. If I carefully set things up and take a high quality photo of the Mona Lisa, I have copyright over that photo. If a monkey takes a selfie with my camera and then I do a bunch of post-processing to "improve" it and publish the improved picture, I have copyright due to the improvements.

    In each case, somebody else could read the diaries and publish their own edition, take their own photo of the Mona Lisa, or freely distribute the original unimproved monkey selfie - but only if they have access to the diaries (or facsimile), to the Mona Lisa without plate glass in the way, or the unimproved selfie. When access to the original is restricted, reproductions can effectively exert copyright over the original when the original is out of copyright. (The monkey selfie camera owner missed this trick.)

    --
    Quattuor res in hoc mundo sanctae sunt: libri, liberi, libertas et liberalitas.
    1. Re:Access to original by houghi · · Score: 1

      https://en.wikipedia.org/wiki/... for those interested in Monkies, copyright and selfies.

      --
      Don't fight for your country, if your country does not fight for you.
    2. Re:Access to original by Anonymous Coward · · Score: 0

      You should look into derivative works and find out why your wrong.

    3. Re:Access to original by Anonymous Coward · · Score: 0

      You will be violating the GPL!

    4. Re:Access to original by Anonymous Coward · · Score: 0

      If I carefully set things up and take a high quality photo of the Mona Lisa, I have copyright over that photo.

      Actually, you don't. "Slavish copies" do not receive copyright protection no matter how much effort goes into them.

      And you don't have a copyright over the monkey selfie due to the improvements, you have a copyright over the improvements. I can take your picture, do my own post-production on top of yours, and have my own copyright in my own improvements, but neither of us have a claim over the underlying image. Yes, my post production has to be "transformative" - but it doesn't have to transform the underlying image, it only has to transform your improvements. If you upped the contrast, I can bring the contrast down. I haven't transformed the image very dramatically at all, but I've transformed your improvements utterly.

  18. Missed another by Michael+Woodhams · · Score: 1

    Historians write a (very dubious) history book. Novelist writes a novel in which this dubious history is true. Historians sue. Historians lose.
    http://news.bbc.co.uk/2/hi/ent...

    My analysis: You can't copyright facts. If you present something as a fact (such as in a history book), you lose any copyright over that "fact" (but not over your presentation of it.) Otherwise if you wrote a SF story involving Hawking radiation then Hawking could sue you.

    --
    Quattuor res in hoc mundo sanctae sunt: libri, liberi, libertas et liberalitas.
  19. Re:What about the infection nature of the GPL? by invictusvoyd · · Score: 1

    "viral" or "infectious" are not really the right words to be used WRT GPL. The words "natural" and "obligatory" make more sense in that context.

  20. Why is #4 a Good Thing? by Anonymous Coward · · Score: 0

    For years, mapmakers have purposefully inserted imperfections into their craftsmanship to serve as bait to catch plagiarists. Thankfully, trap streets are afforded thin protection in the United States as uncopyrightable “non-facts.”

    I don't understand why that is a good thing.

  21. Human behavior by kabukiaddiction · · Score: 1

    I believe copyright makes sense only if it does not go against rational behavior.
    What I mean is:
    1) You retain copyright only until your product or idea is made available to a public (to prevent someone from copying your idea before you release it). Otherwise you would go against the normal human way to relate with reality called use - understand - improve (which we exhibit from the day we are born).
    2) A copyrighted item holder can retain copyright until he is alive and point 1 does not apply. Once you are dead there should be no obstacle to improve or study your idea.

    So companies who invest on a copyrighted item are basically only buying the "right to be the first" to release it to the public.

    To understand better why I say so, think about how fast humanity evolved just by capitalizing on public available knowledge. Think about all the thing we studied at school or we learned through experience during our life. These are the basic instrument that allow us to create something new. In turn we must allow others to do the same with everything we have leveraged, including our own idea.

    1. Re:Human behavior by Anonymous Coward · · Score: 0

      Human behaviour would be, if someone has a copyright that expires when he is dead, then someone that wants to use their work would kill them.
      How about so many years from time of creation. 50 years would be about right for that number.

  22. oh boy by Anonymous Coward · · Score: 0

    It's always the law firms that takes the majority of the awards from the lawsuits not the content owners.

  23. oh well by Anonymous Coward · · Score: 0

    You want political change put someone into office who is not tied to the corporate world but this might be impossible.

  24. they missed a big one in my opinion by Anonymous Coward · · Score: 0

    http://www.digest.com/Big_Story.php

    Nissan Motors......

  25. comment subject by Falos · · Score: 1

    Imaginary Property is when adults still want to call dibs.

  26. Re:What about the infection nature of the GPL? by david_thornley · · Score: 1

    It is absurd that including one line of GPLed code incorporated into millions of lines of code causes those lines to be GPLed, and no intelligent and knowledgeable person would ever claim that.

    It's doubtful that one line would violate copyright, but let's assume there's enough incorporated to violate the copyright. The overall code then includes copyrighted code, and if it isn't distributed under a GPL it may not legally be distributed. The GPL does not require anyone to do anything, but does have some requirements on what you can do. If you have another license for the code, you're fine. If you release the whole thing under the GPL, and satisfy the other requirements, you're fine. Otherwise, you are distributing a copyrighted work without a license.

    Now, what happens if you distribute without a license, and the author of the GPLed code comes after you? A court will do at most two things. It will probably slap you with an injunction to stop distributing the code, and very likely award damages to the original author. That's money. There is no legal way to force someone else's code to be released under the GPL, because the courts will view this as a copyright violation.

    In short, incorporating GPLed code in a larger work means that you either distribute that under the GPL, not distribute, or distribute without a license. It cannot, without agreement on the people with copyright to the larger work, make the whole thing GPLed.

    --
    "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes