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What Could Have Been Entering the Public Domain on January 1, 2011?

law.duke.edu

131–132 of 132 posts

Re: What Could Have Been Entering the Public Domain on January 1, 2011?

#131

Earlier quoted context omitted.

Nontrivial ideas are not natural resources but are created by an author; just as a physical object is the property of its creator, ideas are an intangible property owned by their author. Can you name the algorithm used to distinguish "trivial ideas" from "nontrivial ideas"? I'm waiting... What about an algorithm for determining when "nontrivial idea A" is equivalent to "nontrivial idea B"? We're still foundering on t…

The comment about nontriviality and equivalence goes for physical objects too, you know.

Indeed,

The patent system only makes in a world in which you have a finite number of industries performing a finite number of useful tasks. Then the social context lets you distinguish useful and useless inventions. Even then, the GGP's point of nontrivial works naturally belonging to their inventors is balderdash. What you can say, all you can say, is, with physical inventions in a fairly static world, that society can somewhat coherently grant people monopolies on inventions for public policy purposes.

But in a world where every activity, including the modification of the physical world, is approach "information processing", the whole patent system is become logically unsupportable. In this information processing world, a patent is government granting people deeds to an ill-defined terrain. And it's fairly clear our world is getting closer to that, is it not?

And with a ill-defined terrain, common sense about what's useful, common usage, etc just go out the window. All patents approach the status of troll-patents.

Re: What Could Have Been Entering the Public Domain on January 1, 2011?

#132

Copyright law is really disappointing here. How do such long terms contribute to the progress of sciences or the arts? The writers and main contributors to most of the pieces named are dead. The publishers have made their cash time and time again and now most of these pieces are by no means "hot sellers", though they may be of cultural or historical interest. And, there's 40 years left before the copyright expires. A…

Tolkien is dead and gone and made a comfortable existence on his work I'm sure.

I wanted to check up on that, and found this:

So far from losing money [as expected], sales so exceeded the break-even point as to make Tolkien regret that he had not taken early retirement. However, this was still based only upon hardback sales.

The really amazing moment was when The Lord of the Rings went into a pirated paperback version in 1965. Firstly, this put the book into the impulse-buying category; and secondly, the publicity generated by the copyright dispute alerted millions of American readers to the existence of something outside their previous experience, but which appeared to speak to their condition. By 1968 The Lord of the Rings had almost become the Bible of the "Alternative Society".

This development produced mixed feelings in the author. On the one hand, he was extremely flattered, and to his amazement, became rather rich. On the other, he could only deplore those whose idea of a great trip was to ingest The Lord of the Rings and LSD simultaneously.

source: http://www.tolkiensociety.org/tolkien/biography.html

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