• 18 Posts
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Joined 1 year ago
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Cake day: December 18th, 2023

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  • I don’t see how this fair use case is different from those in the past. There’s a tech company defending. Organizations like the EFF or the Internet Archive issue supporting statements.

    I don’t see the hypocrisy. The content industry is suing tech companies now just like they have in the past, and just like they sue individuals now and in the past.

    If I had to guess at the cause of the difference, I’d say that there is a lot of money being spent on social media PR. But perhaps it also is a result of the right-ward shift of society. I wonder how much that has to do with propaganda by the content industry.




  • The public domain is not just useful but unavoidable and necessary.

    You could imagine a world where all available physical matter is owned property. But intellectual property is an arbitrary legal creation. It is not finite.

    EG Trademark law. Only the owner of a mark may use it to trade. The mark proclaims who is responsible for a product. If there were no unowned trademarks, you could not start a business without first paying off some owner. This would clearly be economically disastrous. So having unused, potential trademarks is necessary.

    EG Patent law. Only the patent owner may use a certain invention; some trick of doing something. The patent is published so that others may learn from it and perhaps come up with other ways of achieving the same end. After (usually) 20 years, everyone may use the invention. Scientific theories, mathematical theorems, and other such things are always public domain.

    If patents were broader and/or lasted for longer, you’d eventually not be able to do much business without having to pay off some owner. The owners could basically demand a tax on any kind of economic activity and deny consent for anything that might threaten their status. Progress would grind to a halt. It would be a new kind of feudalism.

    So, a public domain is not just useful but absolutely necessary to our civilization.


    Anything could be made into intellectual property. For example tax farming in ancient Rome and elsewhere. Monarchs granted special privileges, such as granting the East India Company a monopoly on trade. Or they might grant some person the monopoly on opening coffee houses in the country or a certain city. A title of nobility could be seen as a kind of intellectual property. Such titles were traded in a limited way. Anything that can be allowed or forbidden by the government could be turned into intellectual property.








  • That’s not correct. There are other forms of IP besides copyright, such as trademarks, patents, or even trade secrets.

    What you are saying is somewhat true for US copyrights (and patents) per the copyright clause in the US Constitution. But mind that typically copyrights are owned by the employer of the creator, who may be a writer, even a programmer, photographer, or any other such professional who may not be considered an “artist”.

    You would probably not consider yourself an artist for writing comments here, but you get copyright nevertheless.

    European copyright has a very different philosophy behind it, which does not consider the public at all. It’s quite harmful to the public, actually.