I skimmed through many of the posts here and I see people are all over the place when it comes to this topic. Some people are correct when it comes to the law and others 'think' they know the law.
The problem here -and I'm being very serious- is the bigger picture when it comes to the future. There are some really deep questions about the handling of IP and its effect on our grand-children and great grand-children. The laws we put into motion today are going to cause ripples for the next century. I'm serious.
Intangible property is a mess to deal with and its only going to get worse. The law seems horrible outdated and I believe it will be our future generations that will have to deal with it.
Let me throw out some issues that I see:
People should be paid for their work. I think everyone can agree on that. Yet, for how long? How long should they be compensated before the good of the many out weigh the good of the few (or the one). Forgive the Spock quote but its the truth.
If you write a book (I only teach US Copyright/Patent Law so YMMV) the copyright is good for 70 years after you die. That is a long time for you and your family to profit off of this (as well you should).
Now, Disney wants to make this forever. The copyright would never expire. This seems bad to me. What about high schools that want to do plays from Tennessee Williams 200 years from now? I think it should be free.
Patents are another disaster here in America. You can not patent a word or fact for obvious reasons. Imagine owning the word THE.
Software patents have been granted and Microsoft has a shed load of them. Well, how many different ways can you write a program to draw a window on the screen? Connect to the Internet? Move data around?
You see, they will have so many patents that any kid in high school that wants to start their own company will get sued out of existence for any number of patents that Microsoft et al are sitting on.
Let's move beyond our time. Lets go 150 years into the future. With the path of patents, the knowledge that is gained by many of these companies do not go back into society. The building blocks of our language are not holdable but one person or group yet the building block of software are. Imagine a person holding the way a paragraph can be written. Imagine a person holding the way a report, term paper, review, outline, or some other document can be written.
If you read Michael Crichton's book Next you will see they are trying to patent genes. Did you know a company holds the patent rights for your body's ability to heal itself? Enforceable? No. Insane? Yes. It sets precedence.
What happens when somebody like Microsoft or Google own all the ways to move data a certain way in technology?
The patent office is so far behind that they grant patents that should not be allowed. Once they are granted its a mess to undo it.
Did you know the Welch's company (Jelly and Jam) were trying to patent the Peanut butter and Jelly Sandwich. No joke.
Did Amazon really deserve a patent for the 'click to buy' button? Really? Really?? Is that what the patent is really for? No, if you read what the patent is for, this does not count. Yet, here we are...
I can't imagine being a future programmer in say 100 years and wanting to write software and change the world. Microsoft may or may not be here but the patents will be.
Did you know that Kodak (the camera people) were the only camera folks to bet against digital cameras in the beginning. They lost their shirt and almost went 'Commodore' but they saved themselves at the last minute. Anybody here know why?
They bought a tiny company that had a patent for how data can be moved around in memory. I believe the company had folded but I don't remember. Anyway, Kodak went looking for people to sue with this patent. Who did they find?? Sun. They sued Sun for like a billion dollars (no, really). They settled for 900 million or something...
The question here is: Did Sun really intend to infringe on this patent? How the hell do you search for something as obscure as this? What happens when they come after you?
More did you know:
When Deluxe Paint was released they stated that any work derived from the use of Deluxe Paint would be owned by EA. People had a stroke and sued. EA lost.
George Lucas has fought for the perpetual rights of copyright holders to the extent that no photographs should be taken of anything without permission of the copyright holder. Like the Golden Gate Bridge? Take a picture of it? Well, now you go to jail because you didn't ask permission of the architect.
I create a series of vases that get sold at Pottery Barn. You come along and buy one. You live thousands of miles away from me. You want to paint it green for your room. You must ask me for permission to paint it.
Disney wants to end Fair Use (well, heavily reduce its worth) while making copyright law never ending.
These all seem like short sighted decisions to me. I don't want high schools to do Hamlet forever because they don't have any money and 300 years from now "Glass Menagerie" is still too expensive for them...
I guess I feel that at some reasonable time, IP must go back into the society or the society doesn't grow and expand. I don't believe a 7th grade kid in the future who wants to know how some bit of software controls technology should be denied that information because of a patent.
Even if Microsoft would allow access to that information, that kid would be considered tainted and any blooming software house would be crazy to even talk to him because of what he has seen. Remember, see the code once and you are tainted for life. Microsoft would say that they used prior patent knowledge for any work they do.
Sorry for the long rant..
:-)
-P