Breakfast with a presidential candidate

[Bruce Dawson]

On Tue, 2004-01-06 at 13:31, Mark Komarinski wrote:
> 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?

Much more succinct. Thanks

> > 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.

Yup. Its been years since I've tried to file a patent, but it was hard
back in the 70's - too many picky patent inspector questions - many of
which didn't make sense given the application. A good book would have
made things a lot less confusing.

> > > 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.

They will if the populace demands it. But I'm afraid you and I both know
that Disney will lobby for additional extensions. And for some reason,
congress listens to them more than us. And congress doesn't like looking
back!

> > 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?

Because they can't get it!  I know, I know - "what about ligitmate
disputes between the holder and publisher?"... If they both lose, then
there's more incentive to get the disputes resolved.

--Bruce
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