Re: FN-FORUM: Stolen design - your thoughts...

date posted 14th January 2008 15:22

> I don't see the need for any more protection beyond what already
> exists.

We still need international agreement on point of law.

> Patent and Copyright law were not created to reward entrepreneurs;
> but to
> encourage disclosure of information.

interesting point

> Trademark was created to distinguish brands in the market.

> The narrow-minded view, common in the creative industries and widely
> propagated by Hollywood, that we all need to have our livelihoods
> protected
> from copiers is a development of a rather pathetic Western
> capitalism which,
> unable to make profits any other way, must now shackle us all with
> rent,

you know of a better way?

> which it calls copyright - yep the same Hollywood industry which
> refuses to
> pay the actual writers their due has now become rentier general.

Sadly, abuse of power by large corporations is inevitable when some
are employed purely to increase profit.

Gaining and holding on to wealth is a collective goal of most human
groups, from the individual to family, business, nation, international
alliances etc.

Rule of law seeks to limit the excesses.

> [prior to
> 1974 the term of US copyright was only 25 years - there have been a
> huge
> number of intellectual copyright laws passed by US Congress since
> then -
> coincidence that the inception coincided with a crisis in US capital
> profitability? - no way. ]

are you an economist?

> The reason why disclosure of information is considered useful is
> that the
> more information we have, the better we can potentially do our job
> and the
> more we are able to contribute to society in terms of better
> technology and
> working methods. In the end what makes us all better off -
> increasing the
> level of productivity throughout society - or enforcing rents backed
> up by
> the state as bailiff of last resort?



Some more thoughts (some obvious, it's a brain dump)...

A fashion designer puts their wares on a catwalk and a hundred others
copy it using cheaper materials and processes.

Is any design truly original?

A fake being when you claim something is made by the original designer
when it's not.

As a developer you often use code created by others, many components
don't need reinventing.

Should we expect to receive payment for items inspired by our work or
even derived from it?

In the west we are dominated by "rule of law" which only comes into
play really when large sums are involved or you have a nifty contract
lawyer (what the big firms do).

I would suggest if you can create original work you can often command
higher fees, get the publicity. Although the bulk of the money is
often earned by the copies combined with good marketing, hmmm make you
think of any software companies?

The internet creates a global market so the trade off is larger usage
and distribution against profit achieved in a smaller market or long
term demise of your business.

99.9% of successful businesses do not last long, so the suggestion is
quick turnaround and profit is essential.

N