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Edited on Sat Mar-14-09 04:58 PM by originalpckelly
1. No individual who creates intellectual property may have a monopoly over the manufacturing of said invention, copyrighted work or other IP mark, but only a monopoly on the licensing of the intellectual property. This model is the model used by Dolby laboratories, and it has produced a market for each of its inventions, while freeing Dolby to continue making great new ideas.
2. The rights to intellectual property may not be transferred between individuals and larger organizations, to do so will lessen the profit motive behind the creation of new IP, as any sale would be done to make a profit for the purchaser, meaning the seller would not receive full compensation for their invention, copyrighted work or other IP.
3. The time of licensing protection should be no longer than the life of the originator of the IP, and in most cases restricted to a decade at the most if the originator has another source of income, and if not, then until a new source of income other than the IP licensing is found. This would be a major difference between the current laws and this proposal, the exclusive time period can extend decades after the death of a person. An example would be a song from the 1950s, La Bamba by Ritchie Valens, which is to this day protected and owned by Warner Music Group. This is of course, 50+ years after Mr. Valens death.
4. If there is more than one originator for the IP, then they must enter into a contract describing how to share the royalties from their IP licensing.
5. If piracy of the IP should occur, then the unique nature of an idea allows unlicensed use and/or possession of the IP without a direct cost to the originator of the IP. For this reason, the material harm of IP must be considered with the following questions: A. Did the pirated IP deprive the originator of income from licensing the work to the pirate? B. Did the pirated IP deprive the originator of income from individuals the pirate distributed the IP to? C. If the pirate distributed the pirated IP to other individuals, did those individuals who receive the IP know it was pirated? D. Did the sub-pirates compensate the original pirate with money for this IP?
If the answer to A is yes, then a court should have to assess how much the pirate could have paid for the IP. If it was a non-zero value, the pirate should be forced to pay the licensing fee. If it was a zero value, then the pirate should continue to use the IP until income is earned and the pirate can pay a part or all of the licensing fee.
If the answer to B and C is yes, and the answer to D no, then the people who sub-pirated the IP should all be independently assessed and it should be determined how much they could pay. As before, if it was a non-zero value, they should have to pay back what they could have reasonably paid to license the IP. If it was a zero value, they should continue to use the IP until they earn money, and a reasonably affordable portion of the IP's licensing fee is paid back.
If the answer to B, C, and D yes, then the above applies, only if the amount of income collected by the original pirate is not sufficient to cover licensing fees.
If the answer to B and D is yes, but the answer to C no, then only the original pirate should be liable for any unpaid licensing fees.
With this law, which can be successfully be described in a few paragraphs, I think this nation could have a revolution. For example, school children would be able to pirate software and learn how to use it, so long as they cannot afford to pay for it. If a child cannot pay for music they've pirated, then they are not on the hook for the money, because there was no material harm to the person who created it, since the child would not have bought the music in the first place if they'd been following the law to the T.
This law is a modern IP protection law, because it contemplates the difference between stealing a physical recording, which is the stealing of actual property and cannot occur without harm to the store and the distributor of the media.
The law also prevents massive monopolies from forming to produce a single product, and it seeks to drive down the price of something new as soon as possible by eliminating this monopoly. It will also mean that people can create all kinds of products and will not be limited to pursuing alternative methods of doing something that may be inferior to the protected design.
The iPhone contains lots of patented technologies, well, if this law applied things would be very different. The whole idea of multi-touch based interfaces would still be protected, not for a corporation, but for the people who actually created the idea: the inventors/designers. It means that Apple wouldn't be able to monopolize multi-touch, which it is planning on doing since it patented the technology successfully. And even if the originators of the idea decided to only license it to one company, another company could pirate it and pay the remedy. This would act like a check and a balance on the licensing, so that it's not outrageous.
Piracy acts like a check on unreasonable licensing terms, and unless someone can pay for the pirated IP, no harm is done to the originator.
In certain circumstances it is a victimless crime.
And if the laws were perfectly followed the people who created the content who had unreasonable licensing terms wouldn't have any claim to any additional income anyway, so this system of finding reasonable compensation, rather than the full license amount is the best solution.
One might argue that no compensation should occur, but that produces a system where there is no profit motive for someone to come up with a new idea. While certainly some people would be interested nonetheless in creating new IP, many would not and the progress of technology and art and all other IP areas would be held back.
I thank you for your time.
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