How Much Does Language Frame The Debate Over Intellectual Property?
from the choose-your-words-carefully dept
It's well known that the language you use can help frame your debate. It's quite common in politics, but it's definitely true in technology as well. For a long time, I tried to avoid using the term "digital rights management," when it really referred to restrictions and copy protection. The same is true of "piracy" or "theft" which denotes something much worse than simple copyright infringement or making unauthorized copies. Now, Tim Lee is suggesting that we should also avoid using the term "intellectual property" since it unfairly equates copyrights and patents as tangible property, when they're very, very different (some might argue that intellectual property is neither intellectual, nor property). Intellectual property can get especially confusing since it usually refers to copyright, patents and trademarks -- all three of which have extremely different rules and characteristics. Unfortunately, though, these words really have become common enough that people expect their common meanings to apply -- and sometimes it really just is easier to use them and have everyone understand what you're talking about (which is why we will occasionally go back to using "DRM" or "piracy" when it fits). That isn't to say it's not important to point out the problems with those words or phrases when they're misused, but eliminating them from the vocabulary doesn't do much to help either.
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Intellectual Monopolies
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if someone hacks a government server
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Re: if someone hacks a government server
To confuse intellectual property infringement with credit fraud is completely braindead. Should I we convict Amazon.com of credit fraud because they store credit information?
Go hide under a bridge, troll
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Re: Re: if someone hacks a government server
I should point out that this is not so different than all the bitching that users should lock their machines down. Vendors who are not properly authenticating sales are 90% of the problem.
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Language, like knowledge, is power; who controls language controls the masses.
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I can remember when...
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Intellectual Wealth
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Re: Intellectual Wealth
Sorry for the typo:
Monopoly privileges being one of many tools to acomplish that end.
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"intellectual property" is really just thought: em
Now I just need to get my little town to use its new eminent domain powers to confiscate the intellectual property rights for Microsoft for the benefit of the town's citizens.
when that happens, maybe more people will vote Libertarian.
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Here's an idea...
Man, that would be great to see.
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I've said it before and I'll say it again...
http://wizardprang.wordpress.com/2006/09/28/a-hitch-hikers-guide-to-copyright/
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Re: words
Wording is extremely important. How a person uses a word can have a lot of power. Here's an example: don't ask a man if he "can" do something, ask him if he "would." Conversely, ask a woman if she "can" as opposed to "would" and you'll get a better response. I still think that "hacker" is a good word because, to me, it still means a person with above average knowledge of computer systems.
There was a greek fellow who recognized the power of words. It was his passion and life's work. Unfortunately, I can't remember his name (Sophocles?) but he became an extremely persuasive fellow. He chose his words very carefully. I believe this was one of the writers L Ron Hubbard studied before he wrote "Dianetics."
Getting back to the point: while we are (as a society) seemingly going through a "dumbing-down" process, anyone in any position of power (including lawyers) knows that if something is worded correctly they are able sway results in their favor.
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"the law itself treats these rights differently than those involving physical property. To give three examples from US law, copyright infringement is not punishable by laws against theft or trespass, but rather by an entirely different set of laws with different penalties. Patent infringement is not a criminal offense although it may subject the infringer to civil liability. Willfully possessing stolen physical goods is a criminal offense while mere possessing of goods which infringe on copyright is not. Furthermore, in the United States physical property laws are generally part of state law, while copyright law is in the main measure federal."
- JB - Optimization Consulting
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"Intellectual property"
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Renaming "intellectual property"
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Hey Mike, I Found You A Roomie
Intellectual Property isn't real property-- give me a break. No one taxes my arm and every lawyer in the world would back away from trying to prove that my arm doesn't belong to me.
Tell Mikie the new tenants will be moving in his office Monday morning...
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Re: Hey Mike, I Found You A Roomie
Any way you cut it, so called "intellectual property" is ONLY considered property because a few laws say it is so. Those laws, btw, are pretty recent developments in human history - perhaps last 200 years at most (maybe 300 considering Statue of Anne). In contrast, physical property has been universally recognized since before recorded history began.
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