Wonderful! I am an ethical attorney first, and an IP attorney second.
I can prove conclusively that, when used as intended in the US Constitution (which excludes large entity patents, or "nearly all" patents), patents can be a very good thing - but nearly all patents in the US (and much of the world) today are abusive and anticompetitive, and should be abolished. As a (weak) substitute, cracking down on them is a "good thing".
Great article, good points!
We could add that this would open the door for repressive societies to censor freely without criticism, since that would be what WE would be doing.
The beauty of not knowing anything about the law is that you can interpret the Constitution any way you want. It is like the ignorant who "tell us" what the Bible and Quran say.
The Interstate Commerce Clause of the Constitution empowers the Federal Government over the States in matters relating to commerce between the States (and that is emphatically here). While this could be taken to the Supreme Court (the worst one ever), and, for the first time ever in our history, there is doubt about what those people would decide, there really isn't an issue. Texas does not have that right.
The very first automobiles (steam driven) couldn't compare to a good horse-drawn vehicle.
So, using that analogy, autos were doomed, right? Wonder why they are still here; or why eventually all vehicles will be powered by other than fossil fuels (probably electric)?
GREAT examples of misdirection!
1. Using deductive (rather than the scientific inductive) reasoning, we can decide black is actually white (IP is always unnecessary, etc., etc.). We find an example in which our point is proven, and we treat that as the only example with any value. PROVEN!!!
2. The present IP system is hopelessly outdated and badly abused; it does damage innovation; no question about that.
So, we deduce that ANY IP is "bad", ignoring such things as the marvelous contribution Hedy Lamarr made, or any number of great innovations that came to light BECAUSE of an organized system of encouraging disclosure!!!
Smart; very smart - like welfare for the wealthy (the REAL threat to our nation!)
Isn't it wonderful? We now know how to spend a full day doing nothing!!!
Contrast that to my boring days: Attend a Board meeting, making suggestions about how we can add value and ensure profits (really, long-term survival). Then work with an innovator on a new invention, perhaps setting them up with some people I know who can help them get into production, or perhaps encouraging them to think it through ("Not that I don't want your money, but really, don't you think that has been invented and is on the market? Look at .....").
Stop by one of the "kids" houses, to install some electrical stuff. Skip lunch (always), since it would take too much time (might be pleasant, but not all that useful).
Wow! I am going to have to stop adding value to the community, join a bunch of "clubs"; maybe go on welfare - certainly don't want to improve the human status; un-American in today's world!
People over 30 will always be aghast at what people under 30 are doing. Wait - I am 80 and on the under 30 side!
But then, I believe in IP as intended in the Constitution - even people under 30 are generally not that radical!
I don't know the answer, but I will point out two things I have learned over the last 80 years:
1. Democracy=checks_and_balances; dictatorship=unilateral action. As George Bush said (and I am NOT sure he was joking!) "a dictatorship is a lot easier".
2. While there is a place for security (and I would love to see a CIVILIAN panel passing on what should or should not be classified!), when secrecy has been in place for a long time, it degenerates into a means to protect the guilty; and eliminating democratic checks and balances is a first step.
This isn't particularly insightful or funny, but it is true, and right in line with warnings Mike has been giving the entertainment industry for a long time:
When I was a kid, there was no TV (and radio was mostly for detecting tornados (it buzzed when a tornado was around) and for "Amos and Andy".
So, when we had those things (TV - portable radios - YAY!) I went into music and movies big time! Then the radio began to have problems playing what I wanted (too expensive) and went into junk! Movies became both expensive, and (to prevent people seeing them for free) only in theaters.
Eventually I lost interest; after all, you had to jump through hoops to enjoy yourself, and I like things simple. So, because music and movies were so hard to access (what I liked, anyway) I eventually began to see all that as "not all that necessary anyway". Now I sometimes listen to classical music, but movies - music - who needs it?
Would I go to movies, and pay for music, if it was a part of my life? I always did! Even though it was free, I paid for the better experience. But now that it is so hard to access, except in ways that the entertainment industry dictates, I really am not interested.
To some extent, one must agree - without proper execution, ideas are just "vaporware".
To a larger extent, though, this shows the dangers of "pegging" on an extreme viewpoint.
For example, we pay more for health than any of the advanced nations. We have a lower quality of health care. A step in the right direction would be the current health care bill.
So, we peg on racism; it is "OBAMACARE", and it appears it will be defeated.
In all fairness, "balance" now means pegging on an extreme.
To add to the insanity, I have counseled CLIENTS in the same way - though my reasons are a little different.
If you are offering something free, as Nina was (congrats, Nina!) you don't WANT a contract! Reason? The contract puts you in a box (as Nina pointed out, at least, wrt some of the terms). NOT having a contract forces everyone back to the oral or email agreement, and, while anything in writing will be construed against the author, using a little care, as Nina did, makes that a "don't care".
AS AN ATTORNEY - contracts are a tool; use them only if you need that tool! Otherwise, take a tip from Nina!
Obviously this doesn't matter, Nina being a good person, but trying to demand more COULD have put the museum in a "bad place". If someone WANTED to sue them, trying to change things AFTER an agreement had been made, and Nina had performed (contract, doctrine of part performance!) COULD have opened the museum up to charges of a breach!
Same old, same old - important stuff gets a small paragraph, trivia gets ten times the exposure.
It's a shame. Techdirt would be so much more valuable if it stopped groveling to the "artistic" world.
You are likely right; but oh, how the law has changed! There was a time when if one offered a PUBLIC service, and the service became critical to doing business (or, in some cases, even if not) the owner could NOT arbitrarily block access.
So, refusing to serve blacks (or Jews, or similar moves against women), even by PRIVATE companies - not allowed in most places.
Here, add restraint of trade.
Sad state of affairs. When I was doing civil litigation, many years ago, I would have found a way to get rich off Apple for such conduct - and I wouldn't have done it for the money!!!
Ideas don't matter - RIGHT ON, and that applies to all IP, IMO!
Execution and value matter - SO TRUE!
Someone who buys (or finds) a guitar and strums on it should be compensated - WHAT? Is there intelligent life on this planet? Even if I like the music this is the lowest value of them all, even if some "artists" are showered with money.
I don't agree these are "weird", but different strokes for different folks:
For those who haven't tried them, fried bamboo worms are both nutritious and tasty. Ditto for bee grubs.
Also, donkey meat is very lean, but otherwise tastes like beef veal.
Fried grasshoppers, and chocolate-covered ants didn't taste all that good.
The question is, do the people who don't notice lack perception, or do the people who do notice lack the ability to focus? I think the latter.
Einstein was often "dinged" for perpetually not noticing things, such as, "get off the train here to go home". I submit he did more than the people who always got off at the right station.
On the post: Is The Mike Tyson Tattoo On Ed Helms A Parody?
Mike Tyson's tattoo
Judges are human, and make human mistakes; hopefully a higher court will correct this situation.
On the post: Verizon's Attempt To Attack Cablevision With Patents Fails
Verizon trying to abuse IP
I can prove conclusively that, when used as intended in the US Constitution (which excludes large entity patents, or "nearly all" patents), patents can be a very good thing - but nearly all patents in the US (and much of the world) today are abusive and anticompetitive, and should be abolished. As a (weak) substitute, cracking down on them is a "good thing".
On the post: Being Concerned With Free Speech Implications Of PROTECT IP Does Not Mean You Think You're Above The Law
Schmidt's speech on PROTECT-IP
We could add that this would open the door for repressive societies to censor freely without criticism, since that would be what WE would be doing.
On the post: TSA Lies About The Constitution In Defending Pat Downs
TSA patdowns and the Constitution
The Interstate Commerce Clause of the Constitution empowers the Federal Government over the States in matters relating to commerce between the States (and that is emphatically here). While this could be taken to the Supreme Court (the worst one ever), and, for the first time ever in our history, there is doubt about what those people would decide, there really isn't an issue. Texas does not have that right.
On the post: DailyDirt: High Performance Vehicles Without Internal Combustion Engines
Electric cars
So, using that analogy, autos were doomed, right? Wonder why they are still here; or why eventually all vehicles will be powered by other than fossil fuels (probably electric)?
On the post: Malcolm Gladwell Discovers That Innovation And Invention Are Not The Same
Invention and Innovation
1. Using deductive (rather than the scientific inductive) reasoning, we can decide black is actually white (IP is always unnecessary, etc., etc.). We find an example in which our point is proven, and we treat that as the only example with any value. PROVEN!!!
2. The present IP system is hopelessly outdated and badly abused; it does damage innovation; no question about that.
So, we deduce that ANY IP is "bad", ignoring such things as the marvelous contribution Hedy Lamarr made, or any number of great innovations that came to light BECAUSE of an organized system of encouraging disclosure!!!
Smart; very smart - like welfare for the wealthy (the REAL threat to our nation!)
On the post: What If Every eBook Was Its Own Social Network?
interactive e-books
Contrast that to my boring days: Attend a Board meeting, making suggestions about how we can add value and ensure profits (really, long-term survival). Then work with an innovator on a new invention, perhaps setting them up with some people I know who can help them get into production, or perhaps encouraging them to think it through ("Not that I don't want your money, but really, don't you think that has been invented and is on the market? Look at .....").
Stop by one of the "kids" houses, to install some electrical stuff. Skip lunch (always), since it would take too much time (might be pleasant, but not all that useful).
Wow! I am going to have to stop adding value to the community, join a bunch of "clubs"; maybe go on welfare - certainly don't want to improve the human status; un-American in today's world!
On the post: NY Times Editor Claims Twitter Killing Conversation, While His Tweets Spawn Conversation
Twitterpated
But then, I believe in IP as intended in the Constitution - even people under 30 are generally not that radical!
On the post: 4th Amendment? What 4th Amendment? Supremes Say Police Can Create Conditions To Enter Home Without A Warrant
Supreme Court and the 4th amendment
On the post: Facebook Caught Hiring PR Firm To Smear And Attack Google
Facebook smearing Google
On the post: How Bin Laden Emailed Without Internet: Sneakernet-To-The-Home
Why NSLs?
1. Democracy=checks_and_balances; dictatorship=unilateral action. As George Bush said (and I am NOT sure he was joking!) "a dictatorship is a lot easier".
2. While there is a place for security (and I would love to see a CIVILIAN panel passing on what should or should not be classified!), when secrecy has been in place for a long time, it degenerates into a means to protect the guilty; and eliminating democratic checks and balances is a first step.
On the post: Funniest/Most Insightful Comments Of The Week At Techdirt
Comments
When I was a kid, there was no TV (and radio was mostly for detecting tornados (it buzzed when a tornado was around) and for "Amos and Andy".
So, when we had those things (TV - portable radios - YAY!) I went into music and movies big time! Then the radio began to have problems playing what I wanted (too expensive) and went into junk! Movies became both expensive, and (to prevent people seeing them for free) only in theaters.
Eventually I lost interest; after all, you had to jump through hoops to enjoy yourself, and I like things simple. So, because music and movies were so hard to access (what I liked, anyway) I eventually began to see all that as "not all that necessary anyway". Now I sometimes listen to classical music, but movies - music - who needs it?
Would I go to movies, and pay for music, if it was a part of my life? I always did! Even though it was free, I paid for the better experience. But now that it is so hard to access, except in ways that the entertainment industry dictates, I really am not interested.
On the post: Groupon... And The Difference Between Idea & Execution
Execution versus ideas
To a larger extent, though, this shows the dangers of "pegging" on an extreme viewpoint.
For example, we pay more for health than any of the advanced nations. We have a lower quality of health care. A step in the right direction would be the current health care bill.
So, we peg on racism; it is "OBAMACARE", and it appears it will be defeated.
In all fairness, "balance" now means pegging on an extreme.
On the post: When Copyright And Contracts Can Get In The Way Of Art
Contracts on Free
If you are offering something free, as Nina was (congrats, Nina!) you don't WANT a contract! Reason? The contract puts you in a box (as Nina pointed out, at least, wrt some of the terms). NOT having a contract forces everyone back to the oral or email agreement, and, while anything in writing will be construed against the author, using a little care, as Nina did, makes that a "don't care".
AS AN ATTORNEY - contracts are a tool; use them only if you need that tool! Otherwise, take a tip from Nina!
Obviously this doesn't matter, Nina being a good person, but trying to demand more COULD have put the museum in a "bad place". If someone WANTED to sue them, trying to change things AFTER an agreement had been made, and Nina had performed (contract, doctrine of part performance!) COULD have opened the museum up to charges of a breach!
On the post: Ok Go Explains There Are Lots Of Ways To Make Money If You Can Get Fans
OK Go and similar stuff
It's a shame. Techdirt would be so much more valuable if it stopped groveling to the "artistic" world.
On the post: Apple The Latest To Convict Wikileaks Despite No Charges Or Trial; Kills Wikileaks App For Violating Unnamed Laws
Apple is free to do as they please?
So, refusing to serve blacks (or Jews, or similar moves against women), even by PRIVATE companies - not allowed in most places.
Here, add restraint of trade.
Sad state of affairs. When I was doing civil litigation, many years ago, I would have found a way to get rich off Apple for such conduct - and I wouldn't have done it for the money!!!
On the post: Apple The Latest To Convict Wikileaks Despite No Charges Or Trial; Kills Wikileaks App For Violating Unnamed Laws
Apple is free to do as they please?
On the post: Winklevoss Twins Still Trying To Get More Of Facebook
Copyright and ideas
Execution and value matter - SO TRUE!
Someone who buys (or finds) a guitar and strums on it should be compensated - WHAT? Is there intelligent life on this planet? Even if I like the music this is the lowest value of them all, even if some "artists" are showered with money.
On the post: DailyDirt: Strange Foods
Weird foods
For those who haven't tried them, fried bamboo worms are both nutritious and tasty. Ditto for bee grubs.
Also, donkey meat is very lean, but otherwise tastes like beef veal.
Fried grasshoppers, and chocolate-covered ants didn't taste all that good.
On the post: Even If You Know About The Gorilla, You Might Not Catch The Unexpected
Invisible Gorilla
Einstein was often "dinged" for perpetually not noticing things, such as, "get off the train here to go home". I submit he did more than the people who always got off at the right station.
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