[LAU] ASCAP Assails Free-Culture, Digital-Rights Groups

Hartmut Noack zettberlin at linuxuse.de
Thu Jul 15 23:55:23 UTC 2010


Am 16.07.2010 00:32, schrieb drew Roberts:
> On Thursday 15 July 2010 16:43:48 Hartmut Noack wrote:
>>> resulting change of how people think would simply eliminate the concept
>>> of IP as we know it today.
>>
>> As we know it today - in this I agree...
>>
>> best regs,
>> HZN
>
> Hartmut,
>
> when you speak of IP, are you speaking of copyrights, patents, trademarks,
> trade secrets, or some specific combination of them, or all of them?

I speak of copyrights. But speaking of the others also I would not want 
to abolish any of these, I would want to change the application of these 
rights.

During the Shogun-era in Japan samourai owned swords and they where 
allowed to carry them wherever they go and they where officially allowed 
to use them.
If a samourai had the feeling, that somebody from a "lower" caste of the 
society did not show the due respect, he was allowed to kill this person 
with his sword.

Today everybody in Japan is allowed to own a sword and nobody is allowed 
to decapitate someone else with it - I guess, the japanese people like 
that change of application of ownership rights regarding swords.

I find it perfectly OK, that people are allowed to own a sword or a 
rapier. It may even go unpunished to use such a weapon in seldom cases 
of self-defense.

But of course duelling is not tolerated anymore.

Authors should own copyrights and shall be allowed to use them for their 
benefit. In a balanced, sensible way. Attribution forever, a right to 
control commercial distribution for 10 years, a right to control every 
distribution for 5 years. A right to forbid usage for advertisement. And 
such rights should belong to the natural person, who is the author. And 
no commercial organisations should be allowed to take over these rights 
and use them 80% for their own benefit.

Trade secrets are OK but it would be absolutely NOT OK, if law allows 
the holders of trade secrets to forbid research, that could lead to an 
unveiling of such secrets. If someone finds out the recipe for Fanta by 
legal means, this person must be allowed to tell everybody that Fanat 
contains fish-jelly. Patents for 5-6 years would be OK, if prior-arts 
regulations are faithfully met, if they are not trivial, not for 
lifeforms, not for genes etc.

I have seen the outcome of experiments in destroying a system completely 
and trying to build up a new one from scratch by theoretical philosophic 
assumptions made by ideologic visionaries. East-germany was a 
ridiculously obvious proof, that philosophers should not rule something 
as complex as a human society. And the Milton-Friedman-school of 
philosophical economics is still around and the Chicago-boys are still 
allowed to try to implement their visions, that work the same as good as 
communism worked in the east.

Gradual changes can be very revolutionary and they tend not to kill the 
patient with the cure.

best regs

HZN

> all the best,
>
> drew
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