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Author Topic:   SOPA/PIPA and 'Intellectual Property'
RAZD
Member (Idle past 1405 days)
Posts: 20714
From: the other end of the sidewalk
Joined: 03-14-2004


Message 15 of 303 (649070)
01-20-2012 9:37 AM
Reply to: Message 9 by crashfrog
01-20-2012 7:59 AM


Hi crashfrog
The worst part is that this is big industry trying to protect there greedy profits, rather than actual artists and inventors getting royalties. If you have ever been the creator of "intellectual property" you will know that it is usually business that profits more than the creator (you often sign a release of your share of such items when you are hired, so the company owns them not you).
Enjoy.

we are limited in our ability to understand
by our ability to understand
Rebel American Zen Deist
... to learn ... to think ... to live ... to laugh ...
to share.


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This message is a reply to:
 Message 9 by crashfrog, posted 01-20-2012 7:59 AM crashfrog has not replied

  
RAZD
Member (Idle past 1405 days)
Posts: 20714
From: the other end of the sidewalk
Joined: 03-14-2004


Message 38 of 303 (649217)
01-21-2012 2:39 PM
Reply to: Message 27 by NoNukes
01-21-2012 12:08 PM


two types?
Hi NoNukes,
Before I address the above, and in the interest of full disclosure, I am an intellectual property lawyer. ...
And I am an intellectual property creator (I am a designer, some of my designs are distributed world wide).
I think the issue is muddied a bit by the variety of things that come under the broad umbrella of intellectual property.
1) Copyright last a real long time, ...
3) Trademarks and trade secret protection are not time limited.
To me a copyrighted name and a trademark are like a legal name, and infringement on the trademark is like identity theft (or do we get into considering a person's identity their intellectual property? a bit of a stretch imho - do we want to get into issues of naming babies violating another person's identity?)
My memory from 20+ years ago was (iirc) that Auto Mart was taken to court by Wal-Mart as an infringement on their name, Auto Mart lost and had to change their name to Auto Zone. This is ridiculous imho, as it would take a moron to confuse the two. What's next - suing all the grocery marts?
Just because a company in one part of the US chooses the same name as a company in a different area does not mean that they intend to infringe on the second company.
Identity is important for identifying the appropriate person or company, and nothing further. And like the names people have, we should expect some duplications to occur. Those of us with common names are very familiar with this: when I lived in Toronto there were 2-1/2 pages in the phone book that could have been me.
4) The duration of patents and copyright is fixed by statute, ...
Where we are talking about an invention (a better mousetrap) or a creation (art, poetry, songs), I think we need a new paradigm for how the inventor\creator is properly compensated and how companies can profit from them.
If we were talking an hypothetical free market scenario, the inventor\creator would be rewarded every time the property was used, rather than be limited to royalties (if they are lucky) from one company, and the natural dispersal of the property would indicate how valuable the property was: the more it was used by anyone the more value it has to society.
What I see with SOPA/PIPA is protection for the company profits and not for the inventor\creator.
Enjoy.

we are limited in our ability to understand
by our ability to understand
Rebel American Zen Deist
... to learn ... to think ... to live ... to laugh ...
to share.


Join the effort to solve medical problems, AIDS/HIV, Cancer and more with Team EvC! (click)

This message is a reply to:
 Message 27 by NoNukes, posted 01-21-2012 12:08 PM NoNukes has replied

Replies to this message:
 Message 40 by NoNukes, posted 01-21-2012 2:49 PM RAZD has replied

  
RAZD
Member (Idle past 1405 days)
Posts: 20714
From: the other end of the sidewalk
Joined: 03-14-2004


Message 53 of 303 (649264)
01-21-2012 9:18 PM
Reply to: Message 40 by NoNukes
01-21-2012 2:49 PM


Re: two types?
Hi NoNukes,
Names are not protected by copyright. And trademark law cannot be employed to prevent you from naming your child. Your fears are groundless.
It's not fear, it's the fact that trademark\copyrights reach ridiculous extremes.
The point is the naming of a company should be no different than naming a child - there are other ways to differentiate your identity.
I used to work for Bendix in the '70's ...
Bendix Commercial Vehicle Systems - Bendix Trademarks
quote:

You will notice that the trademarked items are names for parts, Bendix parts.
This would be utterly unworkable in many situations. Do you want to pay everytime the advanced contrast circuit kicks on in your television set.
That would be as silly as paying a royalty every time you sang someone else's song.
No, what I am advocating is payment based on the building of the TV using the circuit: if the circuit improves the TV then the designer of the circuit (and other parts of the TV) should have some recognition, not unlike the interest on a loan. Companies making the TVs would be the ones to make those payments on the loan of the intellectual property they are using.
Enjoy.
Edited by Zen Deist, : /
Edited by Zen Deist, : white bg
Edited by Zen Deist, : ...

we are limited in our ability to understand
by our ability to understand
Rebel American Zen Deist
... to learn ... to think ... to live ... to laugh ...
to share.


Join the effort to solve medical problems, AIDS/HIV, Cancer and more with Team EvC! (click)

This message is a reply to:
 Message 40 by NoNukes, posted 01-21-2012 2:49 PM NoNukes has replied

Replies to this message:
 Message 54 by NoNukes, posted 01-21-2012 10:08 PM RAZD has seen this message but not replied

  
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