Comments on: Asterix, the sky is falling on my head http://confusedofcalcutta.com/2006/08/15/asterix-the-sky-is-falling-on-my-head/ a blog about information Mon, 06 Feb 2012 01:37:12 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Andrew Yeomans http://confusedofcalcutta.com/2006/08/15/asterix-the-sky-is-falling-on-my-head/comment-page-1/#comment-5116 Andrew Yeomans Wed, 16 Aug 2006 13:28:00 +0000 http://confusedofcalcutta.com/2006/08/15/asterix-the-sky-is-falling-on-my-head/#comment-5116 Hate to slightly disagree with your point 4 b), JP, but I prefer the fundamental reason for copyright and patents to be (in the words of the US constitution) to "promote the Progress of Science and useful Arts". The compensation, primarily financial or monopolistic, is one way of achieving this. But it is only a means to an end. The Open Source / Free Software movement show that there are other forms of reward. Wikipedia briefly discusses the principles in http://en.wikipedia.org/wiki/Philosophy_of_copyright Hate to slightly disagree with your point 4 b), JP, but I prefer the fundamental reason for copyright and patents to be (in the words of the US constitution) to “promote the Progress of Science and useful Arts”.

The compensation, primarily financial or monopolistic, is one way of achieving this. But it is only a means to an end. The Open Source / Free Software movement show that there are other forms of reward.

Wikipedia briefly discusses the principles in http://en.wikipedia.org/wiki/Philosophy_of_copyright

]]> By: Paul Cox http://confusedofcalcutta.com/2006/08/15/asterix-the-sky-is-falling-on-my-head/comment-page-1/#comment-5100 Paul Cox Wed, 16 Aug 2006 02:50:33 +0000 http://confusedofcalcutta.com/2006/08/15/asterix-the-sky-is-falling-on-my-head/#comment-5100 I am unable to effectively argue your points about patents. The U.S. treatment of software patents may be broken, however, I am also willing to let things develop as there has to be some wisdom in the manner that they are being developed and administered. Copyright law I think is on the mark, particularly with respect to the Digital Millenium Copyright Act. The DMCA provides substantial value to the published author. The value of the copyright will be commensurate with the investment in earning it and the value in the marketplace. The process of earning the copyright is through publication. The act provides protection only to those that have gone through the process of publication or registration (very rare). You are correct to point out that the distribution costs are lower in the digital world. Hence enabling an idea to find its audience in a much less bureaucratic manner. If the author does not publish the work then he is afforded no protection. Ideas need to be out in the marketplace where they can be used and built upon. That is what DMCA seeks to achieve. For Apple to satisfy the owners of the music, the musicians, they need to prove that the music cannot easily be copied and eliminate the value they have earned. Same with books and other publications, if we don't protect the people's rights that have earned it, then no market for ideas would exist. I am unable to effectively argue your points about patents. The U.S. treatment of software patents may be broken, however, I am also willing to let things develop as there has to be some wisdom in the manner that they are being developed and administered.

Copyright law I think is on the mark, particularly with respect to the Digital Millenium Copyright Act. The DMCA provides substantial value to the published author. The value of the copyright will be commensurate with the investment in earning it and the value in the marketplace.

The process of earning the copyright is through publication. The act provides protection only to those that have gone through the process of publication or registration (very rare). You are correct to point out that the distribution costs are lower in the digital world. Hence enabling an idea to find its audience in a much less bureaucratic manner. If the author does not publish the work then he is afforded no protection.

Ideas need to be out in the marketplace where they can be used and built upon. That is what DMCA seeks to achieve. For Apple to satisfy the owners of the music, the musicians, they need to prove that the music cannot easily be copied and eliminate the value they have earned. Same with books and other publications, if we don’t protect the people’s rights that have earned it, then no market for ideas would exist.

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