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a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 75 [My Comments] Patry makes a valid point here, and this is a big problem with most supporters of stronger copyright laws. These three objectives on the surface seem like good reasons for having copyright laws, but as Patry brilliantly does in his book, they turn out to be shallow, because indeed, copyright does not provide true incentives for creativity, it does not enhance access to the works and it seldom generates much respect for creators through non-economic rights. The only valid reason for existence of copyright laws, in my opinion, is the extension of something we are all taught as children: “don’t take what is not yours, ask!” It is natural for authors, if we regard them as free individuals, and not slaves, to have the right to decide how to dispose of the results of their work. Because they cannot put a physical lock on their works and have armed guards protect it, they need to have a valid cause of action to go after those who choose to circumvent the market rules and obtain the benefit of using the works without giving the author what the author is selling the right to use his works for. Whether or not protection of authors benefits the society is utterly irrelevant. An argument can easily be made (and is being made more and more vocally today) that copyright actually hurts the society as a whole. So what! If we enslaved 30% of the world population and had them work for us for free, our society would have benefited even more. Imagine the world we could enjoy with all this free labour! [Quote from Patry’s book] | Laws are effective only if they do what we want them to. What do we want copyright laws to do? The most popular things policymakers say copyright laws should do are (1) provide incentives for authors to create works they would not create in the absence of that incentive; (2) provide the public with access to those works; and (3) provide respect, via non-economic rights, for those who create cultural works. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 76 [My Comments] My answer to that is, again,– so what! Having the ability to charge monopoly prices for a particular work does not guarantee (as Patry himself argues in the same book) commercial success. If nobody wants to pay the monopoly price, the copyright owner either lowers the price or fails. No one is entitled to use the work at a price that the seller is not prepared to sell it for. Likewise, no one is entitled to build on their predecessor’ works to create new works if those predecessors actively oppose such use (I will deal with the issue of orphaned works below). True criticism is one of the very few legitimate reasons to allow unauthorized use of the very minimum of someone else’s works to make the point. Creating parodies and satirical works usually goes well beyond this requirement. As I wrote in my work on comparative copyright laws on parodies, Weird Al Yankovic sold 25 gold and platinum parody albums, but never had an urge to create unauthorized parodies! It is certainly possible to obtain permission to create parodies, and if the author of the original protests, don’t do it! Plain and simple. [Quote from Patry’s book] | …granting rights to one group of authors places them at odds with later authors who want to build on their predecessors’ works to create new works; granting exclusive rights to copyright owners gives them the ability to protect their investment, but it also gives them the ability to charge monopoly prices and restrict access; granting authors the right to prevent uses for non-economic reasons protects reputational interests but also gives them the ability to suppress satirical works or uses that are socially beneficial but of which the author does not approve. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 78 [My Comments] The Soviet administrative system has, of course, done a much better job of figuring out how many poems and cantatas proletarians required in each specific 5-year plan. [Quote from Patry’s book] | There is no substitute for the hard work of figuring out the complexities of creativity, including the very different markets for different types of works and the different cultural approaches taken around the world. It is not enough to say the free market will figure it out so we don’t have to. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 80 [My Comments] Excuse me? Outsourcing the heritage to the private sector? Wasn’t it the private sector that created the heritage? To say we are outsourcing something to the private sector implies that those doing the outsourcing are not in the private sector. I know that Mr. Patry declares consistently that his views are not those of Google, but is this an indication that he sees himself as part of the new world government machine? [Quote from Patry’s book] | Whether intentionally or not, this legalistic approach to the nature of creativity results in outsourcing our cultural heritage to the private sector. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 80 [My Comments] Here is a very simple answer why copyright laws tend to help superstars: people like to buy the stuff that superstars produce, that’s why they are called superstars. There is no value in subsidising artists that nobody wants to listen to, whether or not this creates diverse works by diverse members of our society or not. Diverse members of our society have a million ways to deliver their works to the public. Just because they cannot find an audience willing to pay for their works does not mean that there is something wrong with copyright. [Quote from Patry’s book] | I shall now explore why copyright laws have principally helped superstars and distributors. The point of this inquiry is not to argue for the abolition of copyright – something I disfavor – but rather to help create an evidence-based approach to how our copyright laws can work better in practice. Our copyright laws are, and have always been, a winner-take-all system. If that is the desired policy, then our copyright laws are working fine. If, however, the policy is to create diverse works by diverse members of our society in order to create a rich cultural heritage, then it is important to realize copyright laws never have accomplished that purpose. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 89 [My Comments] The gatekeepers have never been hostile to platforms like YouTube as such. They have been (and rightly so) hostile to unauthorized use of their property via such platforms. Big difference there. [Quote from Patry’s book] | The hostility of gatekeepers to platforms like YouTube steins not from the existence of some unauthorized content on them, but rather from such platforms direct challenge to the superstar system. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 90 [My Comments] Even if unauthorized copying indeed results in increased creativity, as I explained above, increasing creativity is not a true purpose of copyright laws. [Quote from Patry’s book] | If policymakers truly want to increase creativity, then they must greatly liberalize the ability of one person to transformatively copy from another. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 94 [My Comments] And most of these instances of copying are not being restricted by existing copyright laws. Moreover, the right of a master to prevent transformative copying of his works by others does not necessarily mean that all of them will exercise such right. Just ask! [Quote from Patry’s book] | Here are some examples of the importance of copying (whether of copyrighted works or not). Children and adults who wish to learn how to play a musical instrument must do so by listening to the sounds their teachers make and then trying to replicate those sounds as closely as possible. Many times you play the same passage in unison so that you can keep your teacher’s sound stored in your brain along with yours. Tricky rhythms can only be learned by listening to others and by copying their playing. For most musicians, this process of copying continues throughout their lives, as you seek out new sounds you want to copy. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 99 [My Comments] And what does this prove? That in a feudal society 150 years before the first real copyright act it was OK for some to create parody masses? Is this the standard we are now striving for? [Quote from Patry’s book] | It has been estimated that by the middle of the sixteenth century, most masses were parody masses. Parody masses did not make fun of the original, but were instead designed to show respect for and appreciation of the original music while simultaneously showing off the second composer’s own skills. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 102 [My Comments] And how do we call the situation when one party to an intimate act feels honored to engage in it, while the other party protests? Again, nothing prevents owners of original content to say yes if someone wants to use it – for transformative purposes or not. [Quote from Patry’s book] | JAY-Z: No, I was actually honored that, you know, someone took the time to mash those records up with Beatles records. I was honored to be on, you know, quote-unquote the same song with the Beatles. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 103 [My Comments] History shows that the world average life expectancy is 67.2 years. Let’s kill everyone who surpasses that age! Just because most authors don’t care to protect their works does not mean that we should disregard the rights of those who do care. [Quote from Patry’s book] | HISTORY SHOWS COPYRIGHT PROTECTION HAS BEEN RELATIVELY UNIMPORTANT FOR MOST AUTHORS | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 105 [My Comments] For the vast majority of people, owning one car and a bank account of $100,000 is sufficient. Let’s expropriate the excess from everybody who has more than that! Oh, and by the way, most people don’t need a Buffet R-13 clarinet, either. [Quote from Patry’s book] | …for the vast majority of copyright owners, twenty-eight years is a sufficient period of protection. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 106 [My Comments] Why not? Copyright laws only benefit those for whose benefit they are created. Society should not be a part of that equation other than in the context of abstaining from violating the rights of copyright owners. [Quote from Patry’s book] | The fact that copyright is valuable for only a few doesn’t mean we should abandon copyright. But the fact that copyright has been of limited utility for most people does mean we cannot have wildly expansive laws that benefit the few at the expense of the many. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 113 [My Comments] What greedy bastards! Let’s crucify them as well. What does this have to do with copyright? What purpose other than to ride on the wave of public envy of the rich does this paragraph pursue? If there was shareholder fraud, let shareholders and investors take care of that. If not… [Quote from Patry’s book] | The data is from Warner’s own SEC filings. To sum up, since 2005, Warner Music Group lost $429 million while these two executives alone made $83.8 million. The year 2005 is important as a milestone because the company was taken public in that year, but right before it was made public, the investors, which included Mr. Bronfman, were paid back all of their investment. Rather than being a way to raise money to invest in the company’s development and future, the IPO served merely as a cash-out for the original investors, with no new money being put into the company. In 2010, the stock declined by 2.9 percent but Mr. Cohen received a 30 percent increase in compensation, to $6.5 million. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 124 [My Comments] Copyright owners are not begging for favours from the government, they are demanding the government to help them enforce their right to control what they create or invest in. Just because historically copyright laws have been in the form of government grants, does not mean that we should keep pretending that the government creates rights out of the blue. All the government does is protects the ability of creators to enforce the natural monopoly on the results of their creative activities. [Quote from Patry’s book] | If it is true that the UK creative industries outperform all other European countries and are at the center of the UK economy …, why would those industries need government help, and why would they need even stronger laws since there is no correlation between stronger copyright laws and better economic performance. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 127 [My Comments] Again, Patry is correct here. We should be honest about it and abandon the reasoning that we protect creators’ right to control their works because it furthers creativity. We do it because taking by force something that isn’t ours is wrong. [Quote from Patry’s book] | The point is that the need to have some level of protection cannot support current claims that we need a very high and ever-increasing level of protection. Those levels have nothing to do with furthering creativity, and we should be honest about that. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 128 [My Comments] No, thank you. I don’t want the government to use my money to encourage creativity that does not benefit me, otherwise I would be encouraging it by paying for the use of the results of such creativity. And again, why such contempt for the private sector? [Quote from Patry’s book] | If we want more creative works and more knowledgeable citizens, we will have to disassociate these goals from commodity markets, and focus on why people create and learn. We must then be willing to commit public monies to their encouragement where market forces have proved inadequate to the task. While there are many wonderful educational products available from the private sector… | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 139 [My Comments] And this is the proper way to deal with what copyright is all about. Just as a farmer has an absolute right to decide what to do with the steak he makes from his cow, an author has an absolute right to decide what to do with a book he writes. [Quote from Patry’s book] | Despite all the flaws in the balance metaphor, at least it is premised on the existence of competing, valid interests. For this reason, it has fallen out of favor with those who wish to exercise total control over all uses, regardless of how trivial, and regardless of the lack of any economic harm from those uses. The property metaphor is the chosen vehicle for this agenda. There is, after all, no need to balance others’ interests if you have an absolute right in your property. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 140 [My Comments] While historically copyright was established as a privilege granted by the Queen to booksellers, remember we agreed to rewrite copyright law the way it should be, not the way it is or had been. In a situation when free people have a limited government that doesn’t force the citizens into submission from cradle to grave, governments do not create rights and privileges, they do not exist to make everyone feel good about themselves, the only purpose of the governments is to protect individuals from their rights being violated by others. The only time it is appropriate to speak of copyright as a “privilege bestowed by the governments” is when you are talking about a society of masters and slaves. [Quote from Patry’s book] | By contrast, when a government is bestowing a privilege rather than enforcing a property right, the onus of establishing entitlement to the privilege is on the person seeking it. Copyright is a privilege granted by governments on everyone’s behalf. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 141 [My Comments] Compare this to: “While women like to portray this as a legal problem – a problem of rape – the problem is a relationships problem, arising from the continual failure of rape victims to respond and adapt to desires of rapists that drive the demand for carnal relations.” Markets may change, demand may change, but those who fail to follow the hints of the market should not have their rights taken away from them – we should simply let them eat the consequences of the market. [Quote from Patry’s book] | While copyright owners like to portray this as a legal problem – a problem of piracy – the problem is a market problem, arising from the continual failure of copyright owners to respond and adapt to changing markets and the technologies that drive consumer demand. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 142 [My Comments] Compare this to: “The contingent of consenting women is simply failing to meet consumer demand. Denying men what they want cannot succeed as a business model, and no law can save women who refuse rapists’ demands. The problem is as old as it is ignored” I warned you, I love this metaphor… [Quote from Patry’s book] | “…The [lawful] content market… is simply failing to meet consumer demand.” Denying consumers what they want cannot succeed as a business model, and no law can save copyright owners who refuse to satisfy consumer demand. The problem is as old as it is ignored. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 143 [My Comments] A sure way to become popular these days is to make the following statement, “In the unhealthy model, women don’t respond to men’s demands, acting like ostriches, they expect that their refusal to fulfill men’s demands means that they wouldn’t be forced into it. They are shocked, shocked, shocked! when they get raped. They then insist that the courts and legislatures protect them from their own failure to understand the basics of how supply and demand works. When they ultimately see that they actually enjoy the process, they sometimes marry their rapists, and then profit from it.” Can we imagine for a minute that there may be people who actually value their right to make decisions for themselves, even if somebody else can come up with other ideas? That’s the eternal problem with collectivists who believe that they know everything better than the little people who always seem to stand in their way. [Quote from Patry’s book] | In the unhealthy model, copyright owners don’t respond to consumer demand; acting like ostriches, they expect that their refusal to fulfill the market demand means that no one else will. They are shocked, shocked, shocked! when unauthorized supply sources crop up. They then insist that the courts and legislatures protect them from their own failure to understand the basics of how supply and demand works. When they ultimately see they cannot kill off the new technology, they grudgingly accept it, change their business models, and then profit from it. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 155 [My Comments] Talk about strawmen… I am not aware of a single person who has ever advocated for any such laws. Whether copyright owners are capable of generating sustainable revenues is not the issue; whether they can defend their right to decide how their property is used, is. [Quote from Patry’s book] | Cold, economic facts of life cannot be changed by laws. Laws cannot make advertisers place ads where they don’t want to and laws cannot create audience share. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 157 [My Comments] Here Patry knowingly diffuses three instances of “free” – (1) when copyright owners allow the use of their works for free; (2) when others make their own, other, works available for free; and (3) when someone is making works owned by somebody else available to the public for free and against the wish of the copyright owners. There is nothing wrong about Metallica competing with a noname band uploading its own music to YouTube. There is nothing wrong with Soundgarden making its new song available for free through iTunes. There is everything wrong with others “sharing” something that is not theirs. [Quote from Patry’s book] | You Can Compete with “Free” | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 160 [My Comments] Feel free to build upon the rape metaphor. I only have one question to ask Mr. Patry – “good profits and correct pricing” in whose opinion? [Quote from Patry’s book] | The Hulu, and BitTorrent data show that contrary to received wisdom, the solution is not more laws, but more authorized content, at correct pricing, and in forms that are the most useful and convenient to consumers. Copyright owners will never be able to eliminate piracy, but they can effectively compete with it and make good profits with correct pricing and convenience. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 163 [My Comments] Another half-truth here. Copyright is about control, but control is not always about money. If we allow copyright owners to exercise all the control that they are looking for, one of the two things will happen: if they are happy with the results that it brings, it will be the end of the discussion; and if they are not happy, it is very likely that they will voluntarily switch to the new models that will be more efficient. This is the attitude of socialists that was best addressed by Frederic Bastiat back in 1850 when he wrote in The Law: “Socialism, like the ancient ideas from which it springs, confuses the distinction between government and society. As a result of this, every time we object to a thing being done by government, the socialists conclude that we object to its being done at all. We disapprove of state education. Then the socialists say that we are opposed to any education. We object to a state religion. Then the socialists say that we want no religion at all. We object to a state-enforced equality. Then they say that we are against equality. And so on, and so on. It is as if the socialists were to accuse us of not wanting persons to eat because we do not want the state to raise grain.” [Quote from Patry’s book] | Under the Mt. Sinai approach, copyright = control = money. Law is therefore the necessary first step in this control equation; the coercive power provided by law is, for too many in the copyright industries, not external to their businesses, it is their business model. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 166 [My Comments] Laws against murder do not stop murderers from murdering people. Granted, copyright infringement is a massively more popular violation of individual rights, which is not surprising, given open calls to legalize unauthorized use of something that belongs to somebody else under the false pretence that it benefits the “society as a whole”. [Quote from Patry’s book] | The belief that legislatures can force the public to obey copyright laws the public disagrees with is a fundamental error. Such laws are not just ineffective; copyright owners mistakenly on them as a substitute for responding to market demand. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 166 [My Comments] This is a direct contradiction. In the first sentence Patry correctly states that the law is not the solution to bad business models. In the sentence that follows he advocates for the adoption of laws that would force copyright owners to adopt whatever it is that Patry considers “good” business models. So it’s OK to have the law back up one model, but not the other model, even though the law is never the solution? [Quote from Patry’s book] | Only good business models, and never law, are the solution to bad business models. There is only one way to get people to obey copyright laws, and that is to have copyright laws that support good business models. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 174 [My Comments] This, ladies and gentlemen, is the true road to serfdom so skilfully referred to by comrade Patry in his book. His only concern is to have copyright laws give as little to the creators as possible to ensure that they continue to lay golden eggs to benefit the society in the long run. Collectivism always starts with great ideas about creating the greatest benefit for the greatest number of people at the expense of the least misery for the least number of people. It always ends with people being killed to ensure that the higher goal is attained. [Quote from Patry’s book] | At the same time, calls for abolishing copyright laws ignore that there is a need to prevent unauthorized, non-socially useful conduct that is individually beneficial to members of the public in the short term (in the sense of not paying), but which is harmful to society in the long term (by killing the goose that lays the golden eggs). | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 176 [My Comments] No, it is a sure sign that we have become a society of people who feel entitled to use others as slaves – whether it is through progressive taxation or through unauthorized use of intellectual property. [Quote from Patry’s book] | Laws that are out of step with the needs of society must be changed. When we don’t change them – as we have not with our copyright laws – there is massive disobedience. Characterizing wide segments of the populations as thieves and criminals is a sure sign a system of laws has failed. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 177 [My Comments] This is correct, and yes, this is the only thing that copyright laws are supposed to protect. They are not supposed to ensure wealth or popularity. They are merely a tool to allow creators and subsequent copyright owners to offer an intangible product to the market. [Quote from Patry’s book] | The central element in copyright ideology is exclusivity. Copyright owners are said to be granted “exclusive rights,” the essence of which is the ability to exclude, to be able to say no to anyone who wants to use your work, the ability to say no for a good reason, for a bad reason, or for no reason; the ability to attempt to command any price you want; the ability to impose any conditions you wish on the use of your work; and in many countries, the ability to withdraw the work from circulation. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 178 [My Comments] And you know what? There are many people who believe that speed limits, the seat belt requirements, mandatory insurance and vehicle registration are nothing more than unlawful usurpation of power by the government. [Quote from Patry’s book] | If I own my car, I will be protected in that ownership against theft, but the State can still tell me what speeds to drive, to wear a seatbelt, to have insurance, and to register the car with the motor vehicle department and pay fees for that registration. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 179 [My Comments] Welcome to Soviet copyright law, comrades! Let us have the government figure out how to compensate authors for unauthorized use of their works through digital formats. The government is so efficient, everything is going to be great. Keep walking, nothing to see here… [Quote from Patry’s book] | Regrettably, currently both authors and the public are ill served by our current laws: authors go unpaid for many legally compensable uses, while many uses that should not be compensated for are the subject of claims by copyright owners. What are the reasons for this unhappy state of affairs? In the case of uncompensated uses where income should flow to authors, there are two reasons why things have broken down. The first reason is the sheer volume of unauthorized activity made possible by digital formats. There is no effective way to control most of this activity, so the solution is to figure out how to compensate for it. Doing so entails giving up the ideology of copyright = control = money. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 179 [My Comments] Says who? If the author is willing to compromise his ability to pay the bills in favour of being able to control the use of his works, who are we to thwart it? And if the author wants to get paid when the public is not willing to pay for the use of his works, who are we to use taxpayers’ money to fund it? [Quote from Patry’s book] | Insisting on control, insisting on the ability to always say no, insisting that “it’s my property and everyone who uses my work without my permission is a thief,” may make one feel self-righteous, but it won’t pay the bills. A right of remuneration, not the ability to say no to things you can’t control anyway, must be the new focus. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 184 [My Comments] This principle is usually called “mob rule”. May I ask, who comrade Patry proposes to form the politburo of policymakers to teach the dysfunctional music industry midgets how to run their shabby establishments? This darn private sector again. Let’s have a global state-run recording corporation! Then we can all hope for cantatas about Karl Marx in Dolby Digital. [Quote from Patry’s book] | The music industry family is fatally dysfunctional; policymakers have to step in and lead. Leading means making decisions that some people or even many people don’t like, but which are necessary for the good of all. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 188 [My Comments] The indignation is clear here. What contractual freedom? For these little people in the private sector? Our macroeconomists will be able to set the fair remuneration for each kind of use and these pesky copyright owners should sit down and shut up. That makes sense… [Quote from Patry’s book] | Yet, the Commission proposes to prevent these goals from ever being accomplished by adding, “such solutions should preserve the contractual treedom of right holders. Right holders would not be obliged to license for all European territories, but would remain free to restrict their licenses to certain territories and to contractually set the level of license fees.” | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 197 [My Comments] I argue that because copyright is property, the protection should be perpetual as long as the owner takes steps to inform others of his intentions to protect it. I will deal with the requirement for formalities below. [Quote from Patry’s book] | How Long Should Copyright Last? So how long is long enough? If one approaches the question ideologically, the only answers are ideological and as such can never provide a satisfactory answer to those who do not share the ideology. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 199 [My Comments] And no one does. The term of protection (just as the protection itself) is not about incentivising creativity, it’s about recognizing the right of the creator to deal with the results of their work as they please. [Quote from Patry’s book] | The argument is that the author will calculate in 2011 that a copyright that lasts until 2101 is not a sufficient incentive to create, and that only if copyright lasts until 2121 will he or she create in 2011. No one should believe that. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 205 [My Comments] And this is the only Patry’s proposal with which I wholeheartedly agree. There are indeed millions of works that their owners don’t care to protect or capitalize on. If the creators expect the courts to enforce their rights against all kinds of unauthorized uses, it is only fair to ensure that the creators value these rights sufficiently to demonstrate interest in their protection not only when they managed to catch some deep pockets using their works without permission. This is especially true if the potential term of protection will be perpetual. [Quote from Patry’s book] | The way to resolve this problem is through mandatory use of formalities that require copyright owners to take steps to affirm their continued desire to claim their rights, principally the requirement that the copyright owner file a document with a government agency expressing a continued interest in the work. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 212 [My Comments] Fair use is indeed a necessary part of the overall design, but only as a limited departure from the grand conception of the copyright monopoly. This is why it’s about exceptions from the general rule that no one should use protected works without permission. There is nothing wrong with fair use as long as it is limited to cases when the use is indeed fair. And no, this does not include any unauthorized use just because it is transformative. [Quote from Patry’s book] | Quoting Judge Leval: “ Fair use should not be considered a bizarre, occasionally tolerated departure from the grand conception of the copyright monopoly. To the contrary, it is a necessary part of the overall design.” | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 214 [My Comments] So suddenly now Mr. Patry is not a fan of Soviet-planned economies? How about trying to rewrite the whole copyright system based on some policymaker’s understanding of what a good business model is? The great advantage of European approach to exceptions from copyright is predictability. The great advantage of the fair use doctrine is flexibility. The greatest disadvantage of fair dealing doctrine in Canada is that it provides neither predictability nor flexibility. As long as the judiciary’s understanding of the underlying reasons for copyright’s existence is clear (whether it exists to protect the authors or to benefit the public), I would suggest that fair use is a better approach. When no such clear understanding exists, fair use becomes a tool in the hands of activist judges – whichever way they are leaning. [Quote from Patry’s book] | Straitjackets consist of narrow lists (such as those contained in the EU’s Information Society Directive), drawn up by government officials, of the few types of unlicensed creativity that are permitted. The idea that government officials can effectively formulate and execute a creativity centralized command system in which all permitted uses can be carefully spelled out in advance is to believe that the Soviet-planned economies were a rousing success. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 221 [My Comments] Excuse me, didn’t you just write that there is no correlation between stronger copyright laws and better economic performance? Intellectual property laws are important but is there maybe some other factors that give U.S. companies a market advantage? [Quote from Patry’s book] | There is, however, a very sharp divide between the flexibility found in the United States and the top-down straitjacket imposed by European Union directives. That divide greatly inhibits creativity and innovation in the EU and therefore U.S. companies a distinct advantage. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 223 [My Comments] You can’t have it both ways. On the one hand, it is true that one cannot expect the legislatures to think of all of possible uses. On the other hand, this is what Patry is advocating when he suggests that different sorts of works should have different terms of protection, carefully designed to reflect the best interests of the society in having access to such works. [Quote from Patry’s book] | Closed lists must be regularly updated on the penalty of crushing technological or market innovations: no legislature, no matter how careful or insightful, can think of all current uses, much less think of uses, technologies, or markets that are not yet existence. In the past, technologies and therefore business models changed slowly. This is no longer the case. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 227 [My Comments] Cannot it be both? Laws against theft are a means to socially desirable behaviour, yet they are based on who has a right. You cannot sculpt social behaviour or have flexible legal principles unless it is based on some underlying reason. [Quote from Patry’s book] | Copyright laws are not an end in themselves, but rather a means to socially desirable behavior. Focusing on behavior rather than on who has a right or an entitlement will go a long way toward making our copyright laws effective. Adopting dynamic, flexible legal principles that can quickly respond to changes in behavior, rather than waiting for governments to legislate permitted innovation is critical. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 228 [My Comments] Let us not forget, the public would not have access to the works, unless such works are created by the authors. This is not to bolster the argument that copyright laws increase creativity. This is to say that after the works have been created, there is no reason why anybody should expect to be entitled to use them without the author’s consent. [Quote from Patry’s book] | By phrasing the discussion as one in which the “private” rights of authors are deemed the default rule, the public’s interest is cast as an unnatural and unwelcome “limit” on or “exception” to the desired natural state of affairs. Copyright owners are alleged to have unfettered rights in their works, even if by copyright owners we mean large, multinational corporations who have bought rights, on the cheap, from the actual creators. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 228 [My Comments] Again, if we are discussing what copyright should be, it is irrelevant what it is or has been. Regardless of what it is or has been, copyright should be a property right, because it protects something that does not exist but for the work of a creative mind. Just like there is property in items created by one’s own labour, there is property in items created by one’s creativity. [Quote from Patry’s book] | Copyright is not and has never been a property right. Copyright laws are regulations created by governments to further broad societal goals. Those goals are pragmatic, not ideological, and as pragmatic, they accord certain privileges given to copyright owners, and certain privileges given to the public. There is no basis to regard any privilege as more important than another because they all work toward the common good. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 229 [My Comments] The end justifies the means, right? To each according to his needs, from each according to his abilities… [Quote from Patry’s book] | We must accept that no one has rights, but that everyone has obligations, to each other, and to the common good. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 229 [My Comments] A general transformative use exception was also a part of the Soviet copyright law – and with the same excuse: to ensure the most benefits to the “society”. Transformative works are important for our culture, but they should not be necessarily unauthorized. Just because I can take good photographs, does not mean I would be justified in stealing a camera. [Quote from Patry’s book] | Sometimes that means giving one set of authors the right to stop other authors from doing unauthorized acts with copyrighted works. Sometimes that means giving the latter group of authors the right to do things with copyrighted works without permission or payment to the first set of authors. When this latter event occurs, it is not through a limitation or exception, it is instead through the ordinary operation of copyright law acting in the public’s interest. Authors – all of them – do not stand in opposition to the public interest, but solidly within it. “Limitations and exceptions” insultingly and inaccurately suggest they don’t. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 238 [My Comments] Delegation of power? You cannot delegate that what you do not have. Since when do the governments have the right “to determine when and how new services may be offered to the public, including the features contained in consumer electronic goods”? Government supervision in protecting something that’s yours? Talk about Soviet-planned economies and contempt for the private sector! [Quote from Patry’s book] | In an irresponsible delegation of power, governments throughout the world have vested in large, multinational media companies and their trade associations, the ability to determine when and how new services may be offered to the public, including the features contained in consumer electronic goods. This delegation occurs through legislation that makes it a civil offense and a crime to circumvent digital locks that companies create without any governmental supervision. It is as if the police were paid from the tickets they hand out and got to make up the rules for when violations of law occur. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 258 [My Comments] Yet you can compete with free? Submitting to a racketeer’s demands who offers protection for a payoff can also be called a business model, but is it really? It is clear that if it is equally convenient and safe to buy a CD at a fraction of the price at which it is being legitimately offered, most people would go with the cheaper option. To make sales of pirate CDs unsafe and inconvenient is the purpose of copyright laws. [Quote from Patry’s book] | Pirate CDs were, however, priced closer to the comparative cost of living, but still not equivalent. Where an Indian consumer was presented with the choice of buying the CD at the equivalent of US$385 (CPP) for the authorized copy, or US$54 for the unauthorized CD, the choice was clear. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 259 [My Comments] And that is the core distinction between IP-heavy industries of the developed countries and labour-intensive industries of the developing countries. Added value is not created by hard work alone. Unlike what Karl Marx would have you believe, there is no inherent value of labour. It only costs as much as someone is voluntarily willing to pay for it. If you are a hard worker and no one is willing to pay you, the value of your labour is zero. Many hardworking people would go nuts if they attempted to calculate the amount of hours it would take them to make enough money to buy a fancy clarinet, a luxury car or a mansion. This does not mean that someone’s inability to afford these things, which may be highly desired but not essential, should entitle the “less privileged” to just take what they want. And there is no difference if we are talking about tangible or intangible property. [Quote from Patry’s book] | As then-President Lula da Silva observed, “For the right to use one copy of Office plus Windows for one year or a year and a half, until the next upgrade, we have to till the earth, plant, harvest, and export to international markets that much soy. When I explain this to the fanners, they go nuts.” | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 262 [My Comments] How about the principled approach? Why is it OK to go after a small number of infringers but it is not OK to go after a large number of infringers doing the same thing? While it may be a good business model for copyright owners to support the good guys by providing reasonably priced, convenient authorized goods, they should not be legislated into it. It is their personal decision that we should respect. [Quote from Patry’s book] | Going after the very small number of those who are doing most of the harm is entirely justified. What is unjustified are heavy-handed techniques against the mass of the population, whether through three-strikes-and-you’re-out approaches, or threats of lawsuits with crippling penalties. Copyright owners have all the tools they need to go after the bad guys, and we should support them in those efforts. However, copyright owners should also support the good guys by providing reasonably priced, convenient authorized goods. If they don’t, no copyright law can help them. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
14941322_ies_Explained___Moose_Mansions__2 | [What they say...] That was fun. We must do this again sometime. [...and what they mean.] Run away, run away. [2] | You had ten pints last night. Ten pints of export. You could have sworn she was a dead ringer for love, but it turns out she is a dead ringer for Meatloaf's elderly mother. You have no idea what you did, but from the glint in her eye, you know she wants it again. And soon. Best plan of action is to run away, telling her that you are the result of a genetic experiment, and it is only a matter of time before your genital warts appear. | [] | You're Looking Well: Social White Lies Explained | Moose Mansions | 2 | http://moosemansions.com/youre-looking-well | 39/1438043062723.96_20150728002422-00131-ip-10-236-191-2_160412241_0.json |
14941322_ies_Explained___Moose_Mansions__2 | [What they say...] No, it's OK, it will wash out fine. [...and what they mean.] Your children are the spawn of Satan. I could see those chocolatey fingers coming at me and my new Dolce et Gabbana suit a mile off. I will tell them that there is no Father Christmas. Then I will sack your husband. [2] | This happens when your dear other half unexpectedly brings around a work colleague, or worse, his boss. The house is in total disarray after you foolishly agreed that the local boy scout group could meet in your kitchen to learn how to cook pancakes over a candle. Of course the only thing they learn is where you keep your secret stash of expensive Belgian chocolate. And how easily it smears. | [] | You're Looking Well: Social White Lies Explained | Moose Mansions | 2 | http://moosemansions.com/youre-looking-well | 39/1438043062723.96_20150728002422-00131-ip-10-236-191-2_160412241_0.json |
14941322_ies_Explained___Moose_Mansions__2 | [What they say...] You haven't aged a bit! [...and what they mean.] So, you couldn't afford a facelift then ? [2] | Guaranteed, there is one person who you went to school with who has married well. They do not have a job, but they do a lot for charity. Their children all go to public school, and rejoice in such names as Peregrine, or Letitia Annabel. They have an au pair called Inga, who is sleeping with the husband. And they will forget that they wet themselves in front of the whole class when Miss asked them to recite the 9 times table. | [] | You're Looking Well: Social White Lies Explained | Moose Mansions | 2 | http://moosemansions.com/youre-looking-well | 39/1438043062723.96_20150728002422-00131-ip-10-236-191-2_160412241_0.json |
14941322_ies_Explained___Moose_Mansions__2 | [What they say...] "The colour really suits you." [...and what they mean.] "It makes you look like a stuffed tomato, and you have no chance of pulling that really gorgeous guy at the wedding reception." [2] | This happens when your best friend has been attending WeightWatchers religiously, while you sneered at her through a mouthful of pizza from the comfort of your couch. Of course, it has paid off for her, and she looks dazzling in a skin-tight short skirt, and you wonder what clothes you might possibly have with an elasticated waist.) | [] | You're Looking Well: Social White Lies Explained | Moose Mansions | 2 | http://moosemansions.com/youre-looking-well | 39/1438043062723.96_20150728002422-00131-ip-10-236-191-2_160412241_0.json |
14941322_ies_Explained___Moose_Mansions__2 | [What they say...] "Gosh, you're looking well." [...and what they mean.] "My God, haven't you put weight on, you fat tart. Glad I finished with you when I did." [2] | This always happens when you run into your ex, you have your shell suit on, last nights make up still smeared around your puffy eyes, and have bloated up like a helium balloon because of rampant PMT. He is with a seven stone Barbie doll, who simpers at his side, whilst wondering what he ever saw in you.) | [] | You're Looking Well: Social White Lies Explained | Moose Mansions | 2 | http://moosemansions.com/youre-looking-well | 39/1438043062723.96_20150728002422-00131-ip-10-236-191-2_160412241_0.json |
14941322_ies_Explained___Moose_Mansions__2 | [What they say...] (looking at your hair) That's a new style for you, isn't it? [...and what they mean.] My god what have you done to your hair, it looks like a badger slept in it last night and took a dump on the way out. Did you pay for that? I'd sue. I hope it looks better after you've brushed it. [2] | This often happens when you decide it's time for a change from the same style you've had for ten years. You've been going into work with the same clothes and hair style for so long no-one notices any more, then, as soon as one thing changes the office bozo comes up in front of everyone and draws attention to it. (by Ben Argyle) | [] | You're Looking Well: Social White Lies Explained | Moose Mansions | 2 | http://moosemansions.com/youre-looking-well | 39/1438043062723.96_20150728002422-00131-ip-10-236-191-2_160412241_0.json |
14941322_ies_Explained___Moose_Mansions__2 | [What they say...] Married? Me? Do I look like I am married? [...and what they mean.] I am married. [2] | But for the purposes of this little flirting exercise, I will continue with the charade of purporting to be a single gadabout. Eric from Accounts got away with it last week when he pulled that stunning little piece of top totty, and what has he got that I haven't? (Hint - a personality.) | [] | You're Looking Well: Social White Lies Explained | Moose Mansions | 2 | http://moosemansions.com/youre-looking-well | 39/1438043062723.96_20150728002422-00131-ip-10-236-191-2_160412241_0.json |
14941322_ies_Explained___Moose_Mansions__2 | [What they say...] Leave it to me. [...and what they mean.] And I will never get around to doing it. Recognise that the Pope will be celebrating his Bar Mitzvah before I've done whatever it is. [2] | Ladies, be on your guard. This is the stock reply that you will get from all men whilst the World Cup is on. And it is only a matter of time, believe me. Other phrases in his repertoire will include the all time classic 'uh huh', closely followed by 'okay'. You can tell him that aliens have turned his mother into an amorphous blob in the kitchen, and he will still say 'okay'. You can tell him you slept with the entire office last week at the annual party, both men and women every which way but straight, and he will mutter 'uh huh'. Instead of leaving it to him, leave the country and go somewhere like Alltyblacca, in deepest darkest Mid Wales, where they have Sheep TV. Works for me. | [] | You're Looking Well: Social White Lies Explained | Moose Mansions | 2 | http://moosemansions.com/youre-looking-well | 39/1438043062723.96_20150728002422-00131-ip-10-236-191-2_160412241_0.json |
14941322_ies_Explained___Moose_Mansions__2 | [What they say...] Of course I want to stay friends, sweetheart. [...and what they mean.] But not in this lifetime. You are a danger to society and men in particular. I have seen that glint in your eye when you walk past the bread knife. [2] | This happens when the love of your life confesses to having a little fling, and you, not unreasonably ask him to leave. He will of course tell all his colleagues that you are an unstable neurotic woman, who needs a care in the community placement. And by the way, you can still see that moustache on your upper lip dear, despite the electrolysis. | [] | You're Looking Well: Social White Lies Explained | Moose Mansions | 2 | http://moosemansions.com/youre-looking-well | 39/1438043062723.96_20150728002422-00131-ip-10-236-191-2_160412241_0.json |
14941322_ies_Explained___Moose_Mansions__2 | [What they say...] The car broke down, honestly [...and what they mean.] I ran into the lads and one pint led to another or nine. [2] | At least he has the grace to lie. But his words would carry more weight if they weren't borne on a gust of lager fumes. | [] | You're Looking Well: Social White Lies Explained | Moose Mansions | 2 | http://moosemansions.com/youre-looking-well | 39/1438043062723.96_20150728002422-00131-ip-10-236-191-2_160412241_0.json |
14941322_ies_Explained___Moose_Mansions__2 | [What they say...] I love you [...and what they mean.] I've just seen a slushy film/read a slushy book, and I've been checking back in my diary and it's the full three years since I said it last time, and I fancy a bit of a bunk-up tonight. [2] | Ho fucking hum. | [] | You're Looking Well: Social White Lies Explained | Moose Mansions | 2 | http://moosemansions.com/youre-looking-well | 39/1438043062723.96_20150728002422-00131-ip-10-236-191-2_160412241_0.json |
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] | Fund Data - performance, risk, ratings, assets and holdings - FT.com | 1-month change | http://funds.ft.com/us/ | 39/1438042989126.22_20150728002309-00295-ip-10-236-191-2_103290484_0.json |
7a53c9bb_umentation___Modules___History__Description | [Module name] AAA_RADIUS [Status] stable [Description] | RADIUS backend for the AAA API | [] | openSIPS | Documentation / Modules | History | Description | http://www.opensips.org/Documentation/Modules?action=diff | 39/1438043062723.96_20150728002422-00339-ip-10-236-191-2_638034775_4.json |
7a53c9bb_umentation___Modules___History__Description | [Module name] ACC [Status] stable [Description] | Accounting module | [] | openSIPS | Documentation / Modules | History | Description | http://www.opensips.org/Documentation/Modules?action=diff | 39/1438043062723.96_20150728002422-00339-ip-10-236-191-2_638034775_4.json |
7a53c9bb_umentation___Modules___History__Description | [Module name] ALIAS_DB [Status] stable [Description] | Database SIP aliases module | [] | openSIPS | Documentation / Modules | History | Description | http://www.opensips.org/Documentation/Modules?action=diff | 39/1438043062723.96_20150728002422-00339-ip-10-236-191-2_638034775_4.json |
7a53c9bb_umentation___Modules___History__Description | [Module name] AUTH [Status] stable [Description] | Authentication Framework module | [] | openSIPS | Documentation / Modules | History | Description | http://www.opensips.org/Documentation/Modules?action=diff | 39/1438043062723.96_20150728002422-00339-ip-10-236-191-2_638034775_4.json |
7a53c9bb_umentation___Modules___History__Description | [Module name] AUTH_AAA [Status] stable [Description] | AAA-backend authentication module | [] | openSIPS | Documentation / Modules | History | Description | http://www.opensips.org/Documentation/Modules?action=diff | 39/1438043062723.96_20150728002422-00339-ip-10-236-191-2_638034775_4.json |
7a53c9bb_umentation___Modules___History__Description | [Module name] AUTH_DB [Status] stable [Description] | Database-backend authentication module | [] | openSIPS | Documentation / Modules | History | Description | http://www.opensips.org/Documentation/Modules?action=diff | 39/1438043062723.96_20150728002422-00339-ip-10-236-191-2_638034775_4.json |
7a53c9bb_umentation___Modules___History__Description | [Module name] AUTH_DIAMETER [Status] unmaintained [Description] | DIAMETER-backend authentication module | [] | openSIPS | Documentation / Modules | History | Description | http://www.opensips.org/Documentation/Modules?action=diff | 39/1438043062723.96_20150728002422-00339-ip-10-236-191-2_638034775_4.json |
7a53c9bb_umentation___Modules___History__Description | [Module name] AVPOPS [Status] stable [Description] | AVP operation module | [] | openSIPS | Documentation / Modules | History | Description | http://www.opensips.org/Documentation/Modules?action=diff | 39/1438043062723.96_20150728002422-00339-ip-10-236-191-2_638034775_4.json |
7a53c9bb_umentation___Modules___History__Description | [Module name] BENCHMARK [Status] stable [Description] | Config file benchmarking | [] | openSIPS | Documentation / Modules | History | Description | http://www.opensips.org/Documentation/Modules?action=diff | 39/1438043062723.96_20150728002422-00339-ip-10-236-191-2_638034775_4.json |
7a53c9bb_umentation___Modules___History__Description | [Module name] B2B_ENTITIES [Status] stable [Description] | Back-to-Back User Agent Entities | [] | openSIPS | Documentation / Modules | History | Description | http://www.opensips.org/Documentation/Modules?action=diff | 39/1438043062723.96_20150728002422-00339-ip-10-236-191-2_638034775_4.json |
7a53c9bb_umentation___Modules___History__Description | [Module name] B2B_LOGIC [Status] stable [Description] | Back-to-Back User Agent Logic | [] | openSIPS | Documentation / Modules | History | Description | http://www.opensips.org/Documentation/Modules?action=diff | 39/1438043062723.96_20150728002422-00339-ip-10-236-191-2_638034775_4.json |
7a53c9bb_umentation___Modules___History__Description | [Module name] CACHEDB_CASSANDRA [Status] beta [Description] | Cassandra Implementation of CacheDB | [] | openSIPS | Documentation / Modules | History | Description | http://www.opensips.org/Documentation/Modules?action=diff | 39/1438043062723.96_20150728002422-00339-ip-10-236-191-2_638034775_4.json |
7a53c9bb_umentation___Modules___History__Description | [Module name] CACHEDB_COUCHBASE [Status] beta / NEW [Description] | CouchBase Implementation of CacheDB | [] | openSIPS | Documentation / Modules | History | Description | http://www.opensips.org/Documentation/Modules?action=diff | 39/1438043062723.96_20150728002422-00339-ip-10-236-191-2_638034775_4.json |
7a53c9bb_umentation___Modules___History__Description | [Module name] CACHEDB_LOCAL [Status] stable [Description] | Local Implementation of CacheDB | [] | openSIPS | Documentation / Modules | History | Description | http://www.opensips.org/Documentation/Modules?action=diff | 39/1438043062723.96_20150728002422-00339-ip-10-236-191-2_638034775_4.json |
7a53c9bb_umentation___Modules___History__Description | [Module name] CACHEDB_MEMCACHED [Status] stable [Description] | Memcached Implementation of CacheDB | [] | openSIPS | Documentation / Modules | History | Description | http://www.opensips.org/Documentation/Modules?action=diff | 39/1438043062723.96_20150728002422-00339-ip-10-236-191-2_638034775_4.json |
7a53c9bb_umentation___Modules___History__Description | [Module name] CACHEDB_MONGODB [Status] beta / NEW [Description] | MongoDB Implementation of CacheDB | [] | openSIPS | Documentation / Modules | History | Description | http://www.opensips.org/Documentation/Modules?action=diff | 39/1438043062723.96_20150728002422-00339-ip-10-236-191-2_638034775_4.json |
7a53c9bb_umentation___Modules___History__Description | [Module name] CACHEDB_REDIS [Status] beta [Description] | Redis Implementation of CacheDB | [] | openSIPS | Documentation / Modules | History | Description | http://www.opensips.org/Documentation/Modules?action=diff | 39/1438043062723.96_20150728002422-00339-ip-10-236-191-2_638034775_4.json |
7a53c9bb_umentation___Modules___History__Description | [Module name] CACHEDB_SQL [Status] beta / NEW [Description] | SQL-based Implementation of CacheDB | [] | openSIPS | Documentation / Modules | History | Description | http://www.opensips.org/Documentation/Modules?action=diff | 39/1438043062723.96_20150728002422-00339-ip-10-236-191-2_638034775_4.json |
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