Intellectual Property Law: your opinion?
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  Intellectual Property Law: your opinion?
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Author Topic: Intellectual Property Law: your opinion?  (Read 1055 times)
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CrabCake
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« on: October 11, 2015, 09:04:03 AM »

I know nothing about it, but the capacity to reform patents etc seems interesting.
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dead0man
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« Reply #1 on: October 11, 2015, 09:10:44 AM »

People that come up with new things should be able to profit from those things for X amount of time.  If they do it while employed by someone/thing else, that someone/thing else should be able to profit from it for X amount of time.  The only arguments that can be made are how long X is.  Anybody that says forever or don't thing people should be able to profit from their inventions/art/whatever aren't living in the real world.

I don't know how long X should be.
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Murica!
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« Reply #2 on: October 11, 2015, 09:11:57 AM »

Property is theft.
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Illiniwek
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« Reply #3 on: October 12, 2015, 02:20:14 PM »

I'm glad I'm becoming an IP lawyer!
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All Along The Watchtower
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« Reply #4 on: October 12, 2015, 07:00:40 PM »

Leave it to the states (American)
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angus
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« Reply #5 on: October 12, 2015, 08:06:15 PM »

Leave it to the states (American)

That's the way it is now, but it has created an economic disequilibrium.

In the late 90s every Chinese graduate student I met was amazed that we could still buy VHS tapes here.  None of them had seen any since they were children. 

I have a DVD from Bangladesh of The Incredibles that was purchased new, within a month of its release in the civilized world, and the only times I've ever watched that movie was from that DVD.

My son has discovered a slovakian website on which we can watch new movies at no cost.  Within a week of the release of Disney's Inside Out, we were watching it for free on the big LCD TV in my living room.  We have seen many movies from that website, which I won't mention here because I question its legitimacy.

Each nation decides whether to enforce, or even to recognize, intellectual property laws.  I suggest that the producers of these films need compensation.  Just as the producers of a new anti-malarial drug need compensation, or the producers of new exoskeletal robotics need compensation.  After all, The Incredibles wouldn't even exist if capitalism didn't exist.  Those Bengali children may not have enough rice to eat, but they have some very entertaining videos, don't they?  Similarly, you would like to be able to give out the latest anti-HIV drug to all infected Africans who don't have a pot to piss in, but who would like to live another month, but unless companies who produce these drugs are guaranteed a legal profit, they will have little incentive to produce them.

I guess I'm for attempting to come to some international agreements.  It may mean that I have to wait a year to watch Frozen or Home for free on FX, or pay the nine dollars or whatever theaters are charging these days, but this is not an unreasonable position.   

Intellectual property rights provide a financial incentive for the creation of an investment in intellectual property, and, in case of patents, pay associated research and development costs.  Unless societies protect such rights, the major part of the motivation for scientific and artistic achievement will cease to exist.  We can impugn capitalism all we want, and extoll the virtues of collectivism, but in order to maintain a progressive state of science and arts, which leads to economic growth, I think it is important to guarantee the intellectual property of its owners.

That's my two cents.

Crabcake, are you referring to a specific bill or are you asking a general question?

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CrabCake
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« Reply #6 on: October 27, 2015, 05:16:19 AM »

None really. It's just talks of IP in trade deals made me think. I do want artists to have a fair shake of the sauce bottle, but in the Internet age it seems harder and harder to guarantee artists' rights. Maybe in the future all artist profits will be done via Kickstarteresque campaigns?
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muon2
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« Reply #7 on: October 27, 2015, 05:46:15 AM »

None really. It's just talks of IP in trade deals made me think. I do want artists to have a fair shake of the sauce bottle, but in the Internet age it seems harder and harder to guarantee artists' rights. Maybe in the future all artist profits will be done via Kickstarteresque campaigns?

Do you see that as the equivalent of the old patron system for the arts?

There was a time when artists relied on a single patron or small set of patrons who liked their work. Those patrons would regularly commission works from the artist which created an income for the artist. Kickstarter seems like the technological way to identify one's patrons.
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CrabCake
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« Reply #8 on: October 27, 2015, 07:02:04 AM »

Yes, although kickstarter has the advantage of being more ... democratic. The even broader way to finance arts is through lotteries or other such public funding, but those have its problems as well

I think one problem with the concept of "intellectual property" is it seems like a misnomer. To me "property" entails a finite object. If I take your physical property, you can no longer enjoy it. That is not the case with IP - there can't be a scarcity of IP as there can with non-intellectual property. Is that splitting hairs?
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CrabCake
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« Reply #9 on: October 27, 2015, 07:09:37 AM »
« Edited: October 27, 2015, 07:15:22 AM by CrabCake the Liberal Magician »

It seems the real public menace comes from patent abuse though, and Vox/Bernie a Sanders had an interesting proposal (that reminds me of the way governments used to solve big issues) via prize money like how John Harrison was rewarded for the marine chronometer.

http://www.vox.com/2015/9/25/9397069/bernie-sanders-drug-prices
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True Federalist (진정한 연방 주의자)
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« Reply #10 on: October 31, 2015, 12:00:38 AM »

The details of patent law I'll leave to others to have an opinion about.  Copyright terms are too damn long. Trim it to 28 years for copyright, with an exception that when creating derivative fictional works, there is a term of life plus 7 years on creating those.  I have no problem with giving J.K. Rowling complete control over the Potterverse while she lives, but once she passes on, her estate shouldn't have the ability to decide which untalented hacks get to write sequels, prequels, alternate character viewpoint fiction, etc. to cash in on her genius.
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shua
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« Reply #11 on: November 02, 2015, 12:24:37 AM »

For drugs, perhaps instead of having a ban on competition from generics for a long period of time,  have a system of royalties during this period, where those using the formula pay some percentage of profits to the original developer.  That could be a way of balancing both the incentive then to be the first to come up with a drug with a measure of competitive pressure on prices.
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