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Comment Re:I think they might'a meant to say something els (Score 1) 183

Actually, the Copyright Act was replaced entirely in 1976 (becoming effective in 1978), and has been amended some, yet in substantial ways, since then. Noises are being made about a new Copyright Act coming along in the near future.

The person who wrote the summary is a bit confused. What happened is that the Warner claim was based on a copy published in 1935. Evidence was discovered of a copy that was published in 1927. That's not terribly interesting, but a copy published in 1922 has also come to light. That is interesting, because the cutoff for copyright on published works is 1923. (Due to the duration of copyright prior to the effective date of the 1976 Act, which retroactively lengthened the term of copyrights that were still in force)

Comment Re:The sky is falling! News at 10. (Score 1) 215

IPv4 should just go away already. Linux, Mac, and WinDOS had had IPV6 forever. Whatever doesn't support IPv6 should just go away as well. All that old shit is hackable virus prone garbage anyway.

The problem is that numerous companies haven't invested the time or money in ensuring their network can speak IPv6 or to the IPv6 world. The main issue has probably been that it was cheaper to do business a usual. Until major services do an IPv4 blackout day or ARIN raises the prices of the remaining IPv6, companies will be dragging their feet.

One site amongst the feet draggers is /. Sure there was a bug in some of the Perl code used by /. a number of years back, that apparently prevented supporting IPV6, as an excuse, but should that still be a reason today?

Comment Re:Mickey Mouse copyirght extenstions... (Score 1) 183

Disney holds a trademark on Mickey Mouse, and can retain said ownership into perpetuity. That aspect alone can rightfully keep anyone else from utilizing the character in their own works, forever,

No, that part of the trademark will lapse when the copyright terminates. A trademark can't function as a substitute for a copyright. The remainder of the trademark might prevent people from selling MICKEY MOUSE brand breakfast cereal, but it would not stop them from using the character in their own works.

This is really the main reason that Disney is concerned about copyright terms; they know what would happen to the trademark.

Comment But 32 bits is enough for anybody (Score 1) 215

I am wondering whether at this point ARIN would be justified to raising the price for remaining IPv4 addresses and offer IPv6 addresses at a lower cost? And then raise cost as a ratio of remaining IPv4 addresses available to hand out? I am sure this would change business perspective on how much to delay IPv6 adoption?

Comment Re:Invasion of the DMCA trolls? (Score 1) 183

Piffle.

Copyright is utilitarian from top to bottom.

Copyright is only tolerable if it is better for society than not having it. One specific implementation of copyright is better than another if it provides a greater benefit for the public than the alternative.

It's no more based on fairness than a zoning regulation requiring a certain setback from the street.

Comment Re: Mickey Mouse copyirght extenstions... (Score 1) 183

A small nit here:

An exclusive right isn't a right that is held only by one party (and in fact, copyrights can be held by many parties), but is literally a right to exclude others.

So copyright isn't a right to make copies (that's free speech, and it applies even to works that aren't eligible for copyright). It is instead a right to exclude other people from making copies, and from doing certain other things with regard to the protected work.

Comment Re: Mickey Mouse copyirght extenstions... (Score 1) 183

As far as copyright on the glyphs for the letter font goes, the consumer or manufacturer who uses them, pays or has to pay for their use. I'm sure Microsoft and Apple license the various fonts included in their respective OSes.

Letter shapes are not copyrightable in the US. They may be eligible for a design patent, but that's relatively short-lived. Usually the only protectable thing, especially over a decent timeframe, is the name, as a trademark. That's why Apple's version of Helvetica from way back was called Geneva, and Microsoft's was called Arial.

How about forcing these descendents to donate their parents' assets to the public domain, just like copyrighted works?

We do.

We impose taxes on inheritances, because inheritance of substantial wealth is harmful to society. We impose taxes on property, because ownership of large, unproductive estates is harmful to society. We abolish property rights like the fee tail because inalienable property rights are harmful to society.

All property rights, beyond what an individual person can defend from others by force, relies entirely on the willing cooperation of others. The only reason I don't own the Brooklyn Bridge is because I can't convince enough people that I do. But if I were more convincing (or could overcome the force that would be mustered against me if I just tried to block others' access to it), my right of ownership would be perfectly legitimate.

Copyright operates similarly; no author has a right to tell others that they can't make copies, etc. of a work, merely because the author created it. All the author can do is keep the work a secret, if he's worried about that. Or he can convince others to respect his wishes. Just as you might not like to recognize my right of ownership of the Brooklyn Bridge merely because I really, really want you to, so too are third parties unlikely to honor a claim of copyright unless it provides some benefit to them that would not be enjoyed otherwise.

And so the deal with copyright is that we're willing to recognize an author's claim of copyright for a little while, because it seems to be useful to society, but eventually we're going to stop, and instead treat the work as being in the public domain, for the same reason. Authors can't stop that from happening, and there's too little benefit for the public in a perpetual copyright to bother recognizing them. It's a one-sided deal in favor of the public, but thems the breaks.

Comment Re:Mickey Mouse copyirght extenstions... (Score 1) 183

The whole point of copyright was to encourage writers and publishers and artists to invest time in making a good product.

No, the whole point of copyright was to promote the progress of science (which is an archaic term for knowledge) and to thus serve the public interest.

Half of that involves encouraging authors to create and publish works which they would not have created and published but for copyright. But the other half is to grant the least amount of protection, for the least amount of time, that is necessary to accomplish that.

And the success of any copyright law is measured in how much of a benefit it provides for the public (in terms of the number of works created and published), less how much harm it causes the public (by restricting the free use of the works).

The idea of copyright ... was to provide payment for services rendered, which would encourage creators to make more quality products in the future.

No. First, copyright doesn't guarantee any reward for the author or publisher; that's left to the market. All copyright does is funnel some of the profits available for the work toward the copyright holder. If a work is a flop, the copyright holder doesn't make any money.

Second, copyright doesn't care about quality. A brilliant work gets as much protection as a crappy one, (and again, the market may reward crappy works over 'quality works). This is necessary because artistic value is a matter of subjective judgment that the government should not be involved in. Quantity is the only permissible metric, and since a larger number of works will tend to result in a larger number of 'quality' works (see Sturgeon's Law) it's all okay in the end.

Comment Re:Mickey Mouse copyirght extenstions... (Score 2) 183

Until relatively recently the only way to obtain a copyright was to explicitly submit the material to the Library of Congress for certification at which point you were granted a 14 year exclusive use. You could apply for an additional 14 year grant but after 28 years the material would be forced to fall into the Public Domain and permanently accessible from the Library of Congress. You had those maximum of 28 years to make as much return on your investment as possible, but you were expected to then reinvest that return into new ventures.

"Relatively recently?" What are you, a highlander?

The 14+14 term you describe lasted from 1790 to 1831. Then it became 28+14. And in 1909, it became 28+28. That's the term that changed relatively recently, in 1978, to life + 70, etc.

Still, kudos on the general thrust of your argument.

Comment Re:Mickey Mouse copyirght extenstions... (Score 3, Informative) 183

Well, it's a little more complicated than that.

The sine qua non of a trademark is that all goods with the same mark originate from the same source. If this is true, the mark can be protected. If not, the mark cannot be protected. This is why trademark holders are always concerned with infringers; if the infringer is not stopped, there will be identically marked goods originating from different sources, and the protected status of the mark is jeopardized and can be lost.

Trademarks and copyrights only sometimes overlap with regard to the subject matter that they protect (e.g. a very artistic trademark could be protected by copyright as a work of art; a mere word used as a trademark could not be copyrighted, however). However, copyright is considered the superior right; a trademark is not allowed to function as a substitute for a copyright, nor to interfere with copyright policy.

This means that if the trademark is a character from a creative work, and the work is in the public domain, copyright law allows everyone to make copies and use the work and thus the character from the work, as they see fit. Trademark rights in the character can't interfere with this, so to the extent that there is a conflict, the trademark loses.

So the MICKEY MOUSE trademark might survive with regard to products unrelated to creative works, like those ice cream bars that looked like a Mickey Mouse head. But it would not survive with regard to movies, books, comics, television shows, etc. And I wouldn't want to bet money on whether it would survive with regard to things like t-shirts or hats that might feature Mickey Mouse in an ornamental capacity, rather than as a trademark. So a lot of the merchandising gravy train would derail.

Comment Re:Shorter d_r: (Score 1) 67

Are you unaware that there are "side deals" with the IAEA to which Congress is not privy?

So you're trying to tell us that there are secret deals that congress doesn't know about, but you do? I'd love to know who your sources are that congress is not able to communicate with.

I defy you to show when I (or anyone else, for that matter) has EVER floated a theory that HRC or BHO initiated the attack on Benghazi, irrespective of motive.

If they didn't initiate it, then why are you so angry about them having the cause of it wrong the first day they briefed the media on it? How can you be so sure that they knew how it came to be - and gave an alternate story for it - if they didn't call it in themselves? Your claim that they initially were lying can only be backed up if they knew that what they said was wrong. You haven't provided any other explanation for why they would have known it to be wrong, unless they had themselves fabricated the intelligence reports that existed up to that point (which, in the world of your conspiracy, would have only been done for political gain).

Comment Re:Shorter d_r: (Score 1) 67

Congress has full authority to trash and/or disregard the proposed treaty.

By not submitting a treaty as a treaty, for 2/3 ratification, I'm pretty sure President Jarrett has indicated her overall opinion of whatever Congress has to say.

So apparently your assumptions about what someone else might think about someone is more important than the fact that this is not binding without congress approving it. Gotcha.

President Lawnchair sent his top diplomat over

the stone cold disaster that was his predecessor.

Hold on a second, here. One of your Benghazi conspiracies claims that she - with or without President Lawnchair - initiated the attack on Benghazi for political gain. If that is the case, then she most certainly is not a disaster as the attack most definitely happened. I know you champion so many conspiracies that you have a hard time noticing when one is contradicting another, but this one is pretty damned obvious.

Comment Re:BBC - hammered by its own Political Correctness (Score 1) 207

Clarkson was at fault. BBC is at fault. Society is at fault. We like to watch Clarkson BECAUSE he is not above being non-PC if he thinks he has a reason.

You can assign blame however you like, but the punch was thrown by Clarkson. Nobody physically forced his hand. If he really is the same person on and off screen, he may want to consider seeking psychiatric help.

If you don't like him, don't watch him.

Personally I think he's hilarious. I've been watching Top Gear for about a decade or more now. That is not an endorsement for him to be as arrogant off screen as on, though; I view Top Gear as a source of entertainment. People who watched Breaking Bad didn't expect Bryan Cranston to be a meth cooker in real life; why would I expect Clarkson to be the same person in real life that he portrays on TV?

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