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	<title>Comments on: Copyright ban isn&#8217;t the answer</title>
	<link>http://www.p2pnet.net/story/12184</link>
	<description>p2pnet.net offers not-your-lamescream news on movies music digital media P2P peer-to-peer TV television file sharing freedom of speech open source product news Wifi mobiles company</description>
	<pubDate>Sun, 07 Sep 2008 10:43:24 +0000</pubDate>
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		<title>By: Reader's Write</title>
		<link>http://www.p2pnet.net/story/12184#comment-138328</link>
		<author>Reader's Write</author>
		<pubDate>Thu, 17 May 2007 01:18:27 +0000</pubDate>
		<guid>http://www.p2pnet.net/story/12184#comment-138328</guid>
		<description>There are several really large gaps in your proposal:

   1. What exactly do you propose should happen to all of the material that is ALREADY copyrighted under the current system?  Say it was recorded twenty-five years ago.  Should that be counted as "two and one half extentions?"       
   Given the fact that the current U.S. law presumes copyright, even without registration, and, thus, no practical way to track anything in cases where the holder's identity is obscure -- what's to be done there?  Declare everything that's not explicitly registered to be "public domain"?    What happens if someone with a reasonable claim to be copyright-holder of the work surfaces afterward?  Vital questions that you didn't cover.

   2. What does this do to the FLOSS distribution model (either for software, or for "Creative commons" cultural content, etc?   What happens to Stallman's ability to enforce GPL compliance, at the end of the ten years, or however long?  
        To my way of thinking, it would basically shatter the FLOSS structure as it currently exists.   Does every revision of the Linux Kernel get a different copyright term?  What about all of the various Emacs modes and stuff?   One of Stallman's biggest contradictions is that he is a complete power-and-control freak, who seems intent on saddling "free software" with an increasingly restrictive and downright draconian license (GPL 3).  If Stallman -- as pissy as he is NOW, in regard to GPL compliance -- ended up with less ability to pull strings, you can bet he'd bail on any such "reform" proposal.

   3.  What exactly do you mean by "any noncommercial use?"  Does that include (for example) emailing an mp3 as an attatchment, to twenty different relatives?  What if THEY pass it along to others?  This is not as far-fetched as it may seem, given the fact that that godawful "ate my balls" internet fad has touched just about everybody.

     "the devil is in the details", as they say -- and this is no exception.

   </description>
		<content:encoded><![CDATA[<p>There are several really large gaps in your proposal:</p>
<p>   1. What exactly do you propose should happen to all of the material that is ALREADY copyrighted under the current system?  Say it was recorded twenty-five years ago.  Should that be counted as &#8220;two and one half extentions?&#8221;<br />
   Given the fact that the current U.S. law presumes copyright, even without registration, and, thus, no practical way to track anything in cases where the holder&#8217;s identity is obscure &#8212; what&#8217;s to be done there?  Declare everything that&#8217;s not explicitly registered to be &#8220;public domain&#8221;?    What happens if someone with a reasonable claim to be copyright-holder of the work surfaces afterward?  Vital questions that you didn&#8217;t cover.</p>
<p>   2. What does this do to the FLOSS distribution model (either for software, or for &#8220;Creative commons&#8221; cultural content, etc?   What happens to Stallman&#8217;s ability to enforce GPL compliance, at the end of the ten years, or however long?<br />
        To my way of thinking, it would basically shatter the FLOSS structure as it currently exists.   Does every revision of the Linux Kernel get a different copyright term?  What about all of the various Emacs modes and stuff?   One of Stallman&#8217;s biggest contradictions is that he is a complete power-and-control freak, who seems intent on saddling &#8220;free software&#8221; with an increasingly restrictive and downright draconian license (GPL 3).  If Stallman &#8212; as pissy as he is NOW, in regard to GPL compliance &#8212; ended up with less ability to pull strings, you can bet he&#8217;d bail on any such &#8220;reform&#8221; proposal.</p>
<p>   3.  What exactly do you mean by &#8220;any noncommercial use?&#8221;  Does that include (for example) emailing an mp3 as an attatchment, to twenty different relatives?  What if THEY pass it along to others?  This is not as far-fetched as it may seem, given the fact that that godawful &#8220;ate my balls&#8221; internet fad has touched just about everybody.</p>
<p>     &#8220;the devil is in the details&#8221;, as they say &#8212; and this is no exception.</p>
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		<title>By: Reader's Write</title>
		<link>http://www.p2pnet.net/story/12184#comment-138189</link>
		<author>Reader's Write</author>
		<pubDate>Mon, 14 May 2007 05:29:04 +0000</pubDate>
		<guid>http://www.p2pnet.net/story/12184#comment-138189</guid>
		<description>The only thing I disagree with about here is the extension.  I believe returning to a "founder's copyright" (14 years with one optional extension of an additional 14) is probably a better solution then allowing for up to 50 years of protection.  14 or 28 years is generally enough time for a commercial life, yet short enough for a work to start its noncommercial life in the public domain at a reasonable time.</description>
		<content:encoded><![CDATA[<p>The only thing I disagree with about here is the extension.  I believe returning to a &#8220;founder&#8217;s copyright&#8221; (14 years with one optional extension of an additional 14) is probably a better solution then allowing for up to 50 years of protection.  14 or 28 years is generally enough time for a commercial life, yet short enough for a work to start its noncommercial life in the public domain at a reasonable time.</p>
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		<title>By: Reader's Write</title>
		<link>http://www.p2pnet.net/story/12184#comment-138099</link>
		<author>Reader's Write</author>
		<pubDate>Fri, 11 May 2007 07:19:34 +0000</pubDate>
		<guid>http://www.p2pnet.net/story/12184#comment-138099</guid>
		<description>Hi Russell,

I agree that abandoning Copyright is not the answer and I think your list is a good starting point. As I have described here before [1] I think concentrating on 'rights' not 'copies' is the way to achieve this transition which is why free software we should be kept free to protect 'rights' as we have discussed before[2].

One interesting aspect of granting and regulating the rights of all users, not just authors and creators, is that the Copyright term (point 1) could be made indefinite. The reason why this will work is that over time a broad section of the community will obtain 'rights' to the original work and an even larger audience will obtain access therefore the controlling effect of the original rights holder will reduce (eventually virtually to zero). The advantage here is that the original rights holder will always be recognised as the original creator and people can always refer back to her if they choose to go to the original source. It also avoids the need to set an arbitrary term limit which might need to be different for different types of work.

[1] http://p2pnet.net/story/6358
[2] http://www.digital-copyright.ca/node/2523</description>
		<content:encoded><![CDATA[<p>Hi Russell,</p>
<p>I agree that abandoning Copyright is not the answer and I think your list is a good starting point. As I have described here before [1] I think concentrating on &#8216;rights&#8217; not &#8216;copies&#8217; is the way to achieve this transition which is why free software we should be kept free to protect &#8216;rights&#8217; as we have discussed before[2].</p>
<p>One interesting aspect of granting and regulating the rights of all users, not just authors and creators, is that the Copyright term (point 1) could be made indefinite. The reason why this will work is that over time a broad section of the community will obtain &#8216;rights&#8217; to the original work and an even larger audience will obtain access therefore the controlling effect of the original rights holder will reduce (eventually virtually to zero). The advantage here is that the original rights holder will always be recognised as the original creator and people can always refer back to her if they choose to go to the original source. It also avoids the need to set an arbitrary term limit which might need to be different for different types of work.</p>
<p>[1] <a href="http://p2pnet.net/story/6358" rel="nofollow">http://p2pnet.net/story/6358</a><br />
[2] <a href="http://www.digital-copyright.ca/node/2523" rel="nofollow">http://www.digital-copyright.ca/node/2523</a></p>
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		<title>By: Reader's Write</title>
		<link>http://www.p2pnet.net/story/12184#comment-138098</link>
		<author>Reader's Write</author>
		<pubDate>Fri, 11 May 2007 05:00:31 +0000</pubDate>
		<guid>http://www.p2pnet.net/story/12184#comment-138098</guid>
		<description>The children will have to write their own code if they want to profit thereby promoting useful arts and sciences.  I write code myself.  SpamFryer and SpammerSkewer are only two examples.</description>
		<content:encoded><![CDATA[<p>The children will have to write their own code if they want to profit thereby promoting useful arts and sciences.  I write code myself.  SpamFryer and SpammerSkewer are only two examples.</p>
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		<title>By: Reader's Write</title>
		<link>http://www.p2pnet.net/story/12184#comment-138089</link>
		<author>Reader's Write</author>
		<pubDate>Fri, 11 May 2007 00:05:41 +0000</pubDate>
		<guid>http://www.p2pnet.net/story/12184#comment-138089</guid>
		<description>but what about creators children... with only 7 years they wont be able to profit from their parents work

will someone please think of the children. . . 

&#62;.&#62;

Your suggestions certainally make a very good starting point to work from. I myself agree with most of it however i think copyrights should last the lifetime of the creator, however the only usage that would require payment after a initial period (of say 7 years) would be using the work to directly make profits yourself. ie using someones music as a soundtrack for a film.

i write computer code, and am more than happy for people to use my code for their own uses for free, however i dont want other people profiting from using my work unless i see a fair share of it.</description>
		<content:encoded><![CDATA[<p>but what about creators children&#8230; with only 7 years they wont be able to profit from their parents work</p>
<p>will someone please think of the children. . . </p>
<p>&gt;.&gt;</p>
<p>Your suggestions certainally make a very good starting point to work from. I myself agree with most of it however i think copyrights should last the lifetime of the creator, however the only usage that would require payment after a initial period (of say 7 years) would be using the work to directly make profits yourself. ie using someones music as a soundtrack for a film.</p>
<p>i write computer code, and am more than happy for people to use my code for their own uses for free, however i dont want other people profiting from using my work unless i see a fair share of it.</p>
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	<item>
		<title>By: Reader's Write</title>
		<link>http://www.p2pnet.net/story/12184#comment-138078</link>
		<author>Reader's Write</author>
		<pubDate>Thu, 10 May 2007 18:04:34 +0000</pubDate>
		<guid>http://www.p2pnet.net/story/12184#comment-138078</guid>
		<description>The Copyright should be given a term of seven years.  No more than that.  I agree with the rest of the article, though.</description>
		<content:encoded><![CDATA[<p>The Copyright should be given a term of seven years.  No more than that.  I agree with the rest of the article, though.</p>
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