Category Archives: IP

Free Talk Live: IP and Disney

Listening to the Wednesday edition of Free Talk Live on my Treo 650 today; listening to Ian pound Mark over the head for his support for Intellectual Property rights. (third day in a row, I might add…)

Generally, I agree with Mark on this issue. As an architect, I know that the thought that goes into design is a valuable commodity that needs to be protected. Otherwise the less scrupulous out there will simply wait for someone else to do the hard work of invention so that they can then profit from it at the inventor’s expense. Contrary to Ian’s assertions, I’ve not seen any evidence that people will do the months and years of work required to bring something to market unless they have reasonable confidence that they will make a profit from it. If anybody can copy a design and be free to sell it the day after it hits the market (or as in the case of the Chinese clothing ‘pirates’, even before it hits the market) then the chances for profit are greatly reduced. I don’t know of any business that stays in business without making a profit.

On the other hand, I don’t really believe that corporations (like Disney) should be allowed to hold rights to intellectual property. Those rights should be limited to real people, not legal entities that will continue to expect a profit long past the lifespan of the original author. Disney is a prime example of this, since their lobbying was instrumental in getting the latest extension to copyright terms passed.

There is a phrase that applies to the subject of Disney characters and the school mural that was the subject of rather heated discussion on Wednesday’s show. That phrase is “work of art”. A work of art is generally exempt from claims of copyright infringement. That doesn’t stop the corporations with lawyers and money at their disposal threatening people with legal action if their demands aren’t met. The truth is that the school blinked when Disney decided to play hard ball. If push had come to shove, Disney would probably have dropped the case.

Copyright terms expiring was the real reason for Disney going after public displays of their copyrighted works. Like Coke being synonymous with cola and Kleenex with facial tissue, Disney was fighting the battle of keeping their property from passing into the public domain; and they won that battle by passing new legislation. If corporations were excluded from owning these types of property, the entire battle could have been avoided.

[On the question from a listener concerning the objectivist opinion on the subject; as an objectivist myself, I think I can vouch for the fact that objectivists in general understand the need to protect the “mind’s contribution” to the creative effort]

Oh, and Ian, your disbelief in intellectual property doesn’t equate to the non-existence of intellectual property. But your willingness to steal other peoples ideas speaks volumes to the subject of why the MPAA and the RIAA are willing to go to such lengths to protect their investments.

For what it’s worth, this is one of those arguments that illustrates the very narrow difference between a communist (in the government-less nature of the word ‘commune’) and the little ‘a’ anarchists and the extreme edge of the Libertarian party. They would also tell you that ideas ‘should be free’, but I’m not willing to live in their version of utopia either.

Sony: What do they do for the pirates?

Have you heard the wonderful things that Sony is doing for people who legitimately purchase music on disk these days? Seems they install software on your system that hijacks your hardware and attempts to prevent you from copying their disks. Unfortunately it opens the system up for other malicious uses, not to mention voiding ‘fair use’ for all intents and purposes.

Seems to me you wouldn’t want to punish the people who pay you money for your product, something I’ve meticulously done when music that I like is available on disk. You know, plan A: follow the law, reward the creative types with the money they deserve for creating the music we enjoy; doing the “right thing”. After Sony’s little fiasco, I think I’ll go with plan “B” from now on.

As someone who does computer maintenance as a sideline, I’ve seen what it takes to clean up a hijacked system like they are describing. It’s called “Fdisk, format, reinstall”. If that’s what you get for following the rules and purchasing music from the RIAA supporting music vendors, then I think I’m a rule breaker from here on out.

This is what you get for letting the corporations dictate policy for you, as the link under the RIAA above points out. Snooping bastards poking around in all the nooks and crannies on your system just to make sure you don’t have a secret copy of Bob Dylan’s version of “Watchtower” (or heaven forbid anything by Metallica) out there that you didn’t actually pay for.

Do any of us need that?

I’m thinking of digging out all my old vinyl and re-mastering the content to MP3 just for the hell of it now. All those old Barry Manilow and Earth, Wind and Fire albums in fresh new MP3 format. That’ll show ’em, right?


The Sony BMG rootkit scandal is finally winding down.

The settlement that Sony has agreed to includes a payment of 150 dollars to anyone who can show damage due to the rootkit, as well as replacement of any CD’s which contain the rootkit. I hope the rest of the media companies are paying attention to this.

Yahoo story, ARS story