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The Wrongs of copyright (also patents and intellectual property)


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7 replies to this topic

#1 MadmanRB

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Posted 11 March 2016 - 01:30 PM

The recent youtube copyright strikes and the effort of the wheres the fair use movement to fight this trend is a big hot button issue for some.

For me its just the latest nail in the coffin for my respect for the copyright system.

Basically now internet reviewers who use only brief clips of the movie, use it for parody purposes are all under fire by youtubes broken copyright system which is an extension of the broken normal copyright system.

Right now the system favors big companies, hedge funds and multi millionaires.

The age of old analog style copyright laws really have lost themselves in the digital age, the DMCA only acts as a band aid on a broken leg.

Right now as far as I am concerned as long as companies clamp down on fair use I rally behind the pirates who make their lives miserable.

Yes I actually value pirates more then the companies as they abuse the system for their own goals.

The abusers in my opinion deserve the abuse.

Its not the only thing broken though, what about patents?

Especially ones used by big pharmaceuticals who lord over patents like the richest princes in Saudi Arabia who piggy back off the suffering of others dying from diseases they could help treat.

And its not like each drug is a brand new drug, some are just re brands and reformulations of old ones yet cost the public millions while the company owners ride around in Ferrari's.

And lets not get started on how frivolous IP is these days, its like a 4 year old child crying "its mine!"

Actually the whole system is like that anymore, I may sound a little Marxist but I am jaded on how much the system is lorded by big businesses.


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#2 Chris Cosgrove

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Posted 14 March 2016 - 07:42 AM

Patent and copyright are not the same things. Yes they are both involved with IP and giving the producer some protection but with differing approaches.

Copyright exists and belongs to the creator of any artistic - under a very wide interpretation of artistic - work automatically. Because, for example, I take a photo - and I take a lot of photos - copyright in these photos belongs to me. I may give permission for these photos to be used by others but at the least I want a credit for them. Passing them off as the work of someone else or, in digital format, stripping the meta-data off them is tantamount to theft. The same of course applies to song writers, musicians, film makers. The list goes on.

Patent has to be applied for and, theoretically at least, will only be given for 'new' inventions or developments and has existed since, I think, sometime in the 18th century. The principle behind it is to give an inventor an exclusive right for a limited period to the exploitation of his invention so as to enable him or her to recover the costs of development. And these costs can be significant. Ten years R&D is by no means unusual for modern pharmaceuticals.

Agreed, both systems are in a mess. Copyright primarily because in this digital age it is all too easy just to copy something, almost anything, without any thought for the creator of the work. The patent system is in a mess partly because of the inefficiencies of most patent offices and a legal system that makes it too easy to punitively exploit patents. It is easy to point out weaknesses in the two systems, fixing them is a different problem.

I am not sure that copyright can be fixed. Given that anyone with an internet connection, a DVD drive and a scanner can rip virtually anything it is almost impossible to prevent copying and the costs of legal action are such that this is prohibitive for any individual or small organisation. Yes, DCMA is available, or its equivalent in other jurisdictions, but this only comes into effect after something has been copied and then you are into the old game of 'whack-a-mole'. My wife and I are amateur photographers and there are a lot of our photos on the net. We are not in it for the money but we do like the honour of a credit which mostly we get but if we don't there is virtually nothing we can do about it.

Patents are a different matter because they are almost entirely commercial in their nature  and to at least some extent the holding or owning organisations can afford to defend them - you only have to look at the on-going saga of Apple v Samsung. But it is broken in a different way. The original idea behind patents was that Inventor A came up with a new way of doing something and Manufacturers B, C and D were entitled to the use of his invention on payment of a reasonable fee. The system was never intended to allow non-manufacturing entities to gather patents and then sue for punitive damages for alleged breach of patent. Much of the cure for the defects in the patent system lies with the legislature in the respective countries. They could reform and better fund their patent offices so that patents are issued more promptly and create clearer definitions of 'prior art' so that, for example, just because an IC is mounted in a different position in an otherwise identical circuit board it cannot be claimed as 'new'. The respective legal systems also carry some of the blame. Civil law almost everywhere is a slow and expensive business and courts vary markedly in their approach to patent problems. I frequently read of patent cases in the US being brought in a particular Federal district in Texas because, for some reason, the judiciary in that district look more kindly - or at least leniently - on the plaintiffs in patent cases.

Copyright and patent are both there as protection for the creators of new works of their different types. Why shouldn't the creator of a work be rewarded for their work ?  As most of us are wage slaves of one form or other I am sure we would all take a dim view if at the end of the week or month the boss said "Thanks for your efforts  this last week or month, but I am just not paying you for them !".

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#3 ScathEnfys

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Posted 24 April 2016 - 07:54 PM

Chris Cosgrove said:
quote: "
Why shouldn't the creator of a work be rewarded for their work ? As most of us are wage slaves of one form or other I am sure we would all take a dim view if at the end of the week or month the boss said "Thanks for your efforts this last week or month, but I am just not paying you for them !".
" : unquote.

This exactly. The current system may be flawed but it is a h--l of a lot better than no system at all.
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#4 HolyCowz

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Posted 28 January 2017 - 06:08 AM

To me this topic has many sides. In this type of society with the way it is structured around money to help  businesses survive you need copyright as a forum of protection. Saying that the world if not based around money and all was free and made for recognition you wouldn't need it as your payment being the best or part of a team that's the best would be enough knowing you done a good thing.

As for pirating dvd, music, games ect I don't blame people you only have to look at the rubbish they churn out and then the huge price they charge and that is justification enough. Just look at the price of a new title blue ray or playstation game


Edited by HolyCowz, 28 January 2017 - 06:09 AM.


#5 britechguy

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Posted 28 January 2017 - 09:53 AM

HolyCowz wrote: "As for pirating dvd, music, games ect I don't blame people you only have to look at the rubbish they churn out and then the huge price they charge and that is justification enough. Just look at the price of a new title blue ray or playstation game"

 

 

 

So?   These are products like any number of others.  No one is forcing anyone to buy something as frivolous as a movie/TV Show or Playstation game the moment they appear on the shelf.  If you wait a very short period of time these begin to appear in thrift shops and secondhand stores once the "I have to have it now!!" crowd bores of them.

 

I just don't understand how people can justify theft because it's easy.  You'd never (or I presume you'd never) say the same thing if you could clone a brand new car or refrigerator or . . . or would you say the same thing?  I'd hope not.  If you would then you're essentially saying theft is OK because it's easy, and that's an awfully slippery slope.


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#6 HolyCowz

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Posted 28 January 2017 - 01:09 PM

@britech lol you misunderstand me I am merely looking at it through the eyes of some people. I always wait till a film is on tv and watch it for free.

I'm not a watch it must have it now person never have been.  I have never stolen anything as i believe you should do and treat others the way you would like to be treated. I like to look at things through not only my own eyes it helps me have clarity and understand others.

I don't see a homeless starving man that has stolen a pie from a major supermarket as a bad man but some would. 

I see a thief in many guises you don't have to be on the wrong side of the law to be a thief in this day and age.


Edited by HolyCowz, 28 January 2017 - 01:13 PM.


#7 britechguy

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Posted 28 January 2017 - 06:42 PM

HolyCowz:   I appreciate the clarification regarding your personal standpoint and practices.  I am very much like you in that I have never been a "must have it now" sort of person.

 

All of that being said, I stand behind what I wrote earlier with regard to the position you expressed, even though you don't agree with it.  It was the position that I was arguing against and, without any other indication, it's not unreasonable to presume that someone seemingly espousing a given position is not playing devil's advocate unless they clearly state that they are.


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         ~ Commenter TheCruyffGurn on the The Guardian website, 8/13/2014

 

              

 


#8 Just_One_Question

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Posted 01 April 2017 - 09:49 AM

It's all good, I agree and all, but I just didn't understand from the whole topic... What the hell do hedge funds have to do with it, lol? :lmao:

"Right now the system favors big companies, hedge funds and multi millionaires."




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