Breakfast with a presidential candidate

[Mark Komarinski]

On Tue, Jan 06, 2004 at 09:38:38AM -0500, Bruce Dawson wrote:
> On Mon, 2004-01-05 at 22:07, Mark Komarinski wrote:
> > Copyright extension overhaul, more money to PTO to do real research on
> > upcoming patents, remove patents on software, and repeal that stupid DMCA.
> 
> Excellent ideas. But he's interested in helping industry, and the
> general perception is that these things are good. I know why software
> patents are bad, and why parts of the DMCA are bad. So I'll need more
> than a few minutes of his time to explain this.
 
Why should it be illegal for me to watch a legally purchased DVD
on my legally purchased laptop with a legal version of Linux?

> As I understand it, copyright extension has simply gotten out of control
> and is no longer in the public interest. Also, its entangled with a lot
> of treaties. But I think the issue is simple to state and easily
> "graspable".
 
Yea.

> Money to the PTO is undeniably needed. However, "filing fees" may go up
> - which will make it more difficult for the average Joe to file. This
> would make it easier for the "big guys" to control software development,
> which is bad. This will give him something to chew on.
 
It's already hard for the average joe to file - ever see the ads for
InventTech and the like?  They file your patent for a slice of the
revenue.

> > In all honesty, I think Disney should be able to keep their trademark on
> > Mickey Mouse and "Steamboat Willie".  Something maybe like treating
> > copyrights like trademarks after a certain amount of time would be
> > appropriate.  This would allow Disney to keep their copyrights, but let
> > other IP (old ROMs, for example) to drop into the public domain.
> 
> Not sure about this. Trademarks expire, but can be renewed. Copyrights
> expire (after 75 years - or whatever the latest number is), but can't be
> renewed.
 
Do you really think Congress will ever let Disney's copyrights expire?
In another 20 years, it will be extended again.

By changing copyrights to trademarks after say 50 years (20 years for
software?), it forces companies to keep using their property or lose it.
Disney should keep Mickey Mouse.  But companies that have abandonware
(game ROMS) should have their rights drop.

You could argue, though, that this would force companies to stick with
their same IP and never innovate, but as another person noted, there's
only so much you can do with the same IP.  I guess that's how
George Lucas makes his money these days. ;)

> I think that we want a change in policy of enforcement - that copying by
> individuals is permitted if the copyright holder is unwilling to resume
> publishing, however, commercial publishing would be denied for the life
> of the copyright. Does this sound acceptable?

How would individuals know that the copyright holder is unwilling to
publish?

-Mark
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