Neefektivní monopol duševního vlastnictví
Jedním z nejrozporuplnějších témat jsou autorská práva, patenty a duševní vlastnictví obecně. Je to také téma, o kterém panuje velké množství ekonomických mýtů. Patenty a autorská práva se těší respektu většiny lidí, dokonce v chápání napříč spektrem politických filosofií. Je proto možná škoda, že se k tomuto tématu nevede hlubší diskuse v odborných kruzích.
Autorská práva jsou umělým výmyslem současného právního řádu, který se tváří jako forma vlastnictví. Duševní vlastnictví totiž nemůže být vlastnictvím v pravém slova smyslu. Vlastnictvím může být jen to, co lze jasně a nesporně vymezit a ochránit. V použití myšlenky, okoukání nápadu či inspiraci písní většinou nikomu zabránit původní autor nemůže. Nemůže ani zřetelně rozlišit, zda se původní myšlenkou inspiroval, či nikoliv. Stát na sebe tedy bere úkol za obrovskou cenu chránit něco, co ani dříve autoři chránit nedokázali.
Tvrzení, že státní ochrana duševního vlastnictví je ekonomicky efektivní, je liché. Jsou tři možné body podezřelé z maximální efektivnosti. Jedním je chránit autorská práva navždy, druhý bod je někde mezi (třeba 20 let, 60 let, do úmrtí autora,…) a třetím bodem je nechránit je státem vůbec.
1. Pokud by bylo efektivní chránit duševní vlastnictví navždy, museli bychom se dnes prosit o svolení potomky objevitelů ohně, ale i veškerých dalších lidských činností, které každý den vykonáváme. To je samozřejmě nemyslitelné. Náklady takového jednání by byly obrovské...
více zde
Přelomový verdikt soudu: Za prázdná média neplaťte autorský poplatek
Překvapivý rozsudek vynesl Evropský soud. Firmy teď zřejmě nebudou muset platit poplatky za prázdná média. Evropskému právu podle soudu odporuje, že je takový poplatek vybírán bez ohledu na jejich následné využití.
Na začátku byl spor španělské společnosti Padawan s místním autorským svazem Sociedad General de Autores y Editores (SGAE - podobně, jako u nás je OSA). Firma prodává hudební přehrávače a SGAE po ní chtěla zaplatit dlužné poplatky. Firma se však obrátila na soud s názorem, že disky nevyužila na kopírování autorsky chráněných děl, a proto poplatky platit nemusí. Spor vyhrála.
Firmy uspoří miliony ...
Také v České republice již několik let platí podle stejného klíče autorské poplatky za prázdná média či kopie papírových dokumentů i tuzemské firmy. To by se mohlo na základě rozhodnutí Evropského soudního dvora (ESD) omezit.
Průlomové rozhodnutí tak může řadě firem ušetřit prostředky v řádech milionů korun. Zejména těm, které používají prázdná DVD či pevné disky k záloze ...
Zdroj
European Court of Justice judgment C-467/08 SGAE (Intellectual property): extracts
Ref: 73358
First Transmission: 21/10/2010
Piráti: Paušální výpalné, které vybírá od firem OSA, je nelegální
Video: El canon digital español no cumple la ley europea, según la Justicia de la UE - YouTube
EU Court Upholds Media-copying Levies for Individuals
Business Center Oct 21, 2010 6:10 pm
Showing posts with label freedom. Show all posts
Showing posts with label freedom. Show all posts
Thursday, October 28, 2010
Monday, November 30, 2009
Dan Bull - Dear Mandy
Dan Bull - Dear Mandy
an open letter to Lord Mandelson
Peter Mandelson
Lyrics:
Dear Peter Mandelson,
I've been following your recent policy proposals, so now they've gone through, I thought I'd contribute some vocals. The focal point of my criticism's the ridiculous decision to bring in a system where you flick a switch and disconnect the internet when it's suspected that intellectual infringement has been detected, even if the relatives they live with definitely didn't. I think it's in your best interest to bin this, yes? 'Cause isn't it a respected institution that we're considered innocent unless different is proven? Er, excuse me - how can you excuse exclusion when you've not pursued a definite conclusion?
You're picking on the little man, the Lilliputian; now there's a pain in my gulliver and it's confusing. You're swift to treat your citizens with such little human humour it's no wonder that we're disilliusioned. This resolution's gonna end in revolution just like any other governance that doesn't accept evolution. To be perfectly honest, m'lord, there'd be less intrusion if you curtly abolished the law and left us to it.
And why do games require safety ratings, but any age can see adult-aimed plays and paintings? It's state censorship, the same as Beijing; but even China thinks a pirate isn't worth the time of day for chasing. I think Chairman Mao would say the same thing - since you became secretary, it's like the state's your plaything. You made a massive sacrifice, invaded loads of privacy, but if I wanted to download, there'd be no hope of finding me. I could take my mobile phone to the local library, and utilise the free wireless to find the file I need. Then what are you going to try - to disconnect their ISP? You might as well just burn the books on rights to speech.
Dear Mandy, stay away from my family. Yours considerably angrily, Dan Bull. Dear Mandy, stay away from my family. Yours considerably angrily, Dan Bull.
Who'll profit from the Digital Economy Bill? Not the public, but the profiteers probably will. Who'll profit from the Digital Economy Bill? Not the public, but the puppeteers probably will. I've talked about how intellectual property kills and you're still just concerned with who's copping the bill. It's quite obvious you've been lobbied until the copy holders got control, and you're probably their shill. It's not your problem when you're positioned on top of the hill, in your property that probably cost a couple of mil. But wake up and smell the coffee, the milk is going off and you're not bothered 'cause your coffers are filled.
Lord, it's time you took an honesty pill, and acknowledged the majority aren't horribly thrilled. So what if I watched a torrented comedy film? I don't need to now my country's just become a Brazil. You know the truth, Orwell spoke his views, your House broke the news and all Hell's broken loose. The utopia we hoped for is overdue, so could you help out a little bit and don't be stupid?
The onus is on you to show us you aren't using your throne in a way the voters don't approve. I know you're very close to David Geffen, so maybe his interests have given you a hazed perception. Hey, do you reckon you'd win today's election, considering you're chasing this amidst a great recession? Deception's the politician's favourite weapon but we're already jaded from one too many painful lessons.
Dear Mandy, stay away from my family. Yours considerably angrily, Dan Bull. Dear Mandy, stay away from my family.
Yours considerably angrily,
Dan Bull.
P.S. I love you, Mandy x
Facebook
an open letter to Lord Mandelson
Peter Mandelson
Lyrics:
Dear Peter Mandelson,
I've been following your recent policy proposals, so now they've gone through, I thought I'd contribute some vocals. The focal point of my criticism's the ridiculous decision to bring in a system where you flick a switch and disconnect the internet when it's suspected that intellectual infringement has been detected, even if the relatives they live with definitely didn't. I think it's in your best interest to bin this, yes? 'Cause isn't it a respected institution that we're considered innocent unless different is proven? Er, excuse me - how can you excuse exclusion when you've not pursued a definite conclusion?
You're picking on the little man, the Lilliputian; now there's a pain in my gulliver and it's confusing. You're swift to treat your citizens with such little human humour it's no wonder that we're disilliusioned. This resolution's gonna end in revolution just like any other governance that doesn't accept evolution. To be perfectly honest, m'lord, there'd be less intrusion if you curtly abolished the law and left us to it.
And why do games require safety ratings, but any age can see adult-aimed plays and paintings? It's state censorship, the same as Beijing; but even China thinks a pirate isn't worth the time of day for chasing. I think Chairman Mao would say the same thing - since you became secretary, it's like the state's your plaything. You made a massive sacrifice, invaded loads of privacy, but if I wanted to download, there'd be no hope of finding me. I could take my mobile phone to the local library, and utilise the free wireless to find the file I need. Then what are you going to try - to disconnect their ISP? You might as well just burn the books on rights to speech.
Dear Mandy, stay away from my family. Yours considerably angrily, Dan Bull. Dear Mandy, stay away from my family. Yours considerably angrily, Dan Bull.
Who'll profit from the Digital Economy Bill? Not the public, but the profiteers probably will. Who'll profit from the Digital Economy Bill? Not the public, but the puppeteers probably will. I've talked about how intellectual property kills and you're still just concerned with who's copping the bill. It's quite obvious you've been lobbied until the copy holders got control, and you're probably their shill. It's not your problem when you're positioned on top of the hill, in your property that probably cost a couple of mil. But wake up and smell the coffee, the milk is going off and you're not bothered 'cause your coffers are filled.
Lord, it's time you took an honesty pill, and acknowledged the majority aren't horribly thrilled. So what if I watched a torrented comedy film? I don't need to now my country's just become a Brazil. You know the truth, Orwell spoke his views, your House broke the news and all Hell's broken loose. The utopia we hoped for is overdue, so could you help out a little bit and don't be stupid?
The onus is on you to show us you aren't using your throne in a way the voters don't approve. I know you're very close to David Geffen, so maybe his interests have given you a hazed perception. Hey, do you reckon you'd win today's election, considering you're chasing this amidst a great recession? Deception's the politician's favourite weapon but we're already jaded from one too many painful lessons.
Dear Mandy, stay away from my family. Yours considerably angrily, Dan Bull. Dear Mandy, stay away from my family.
Yours considerably angrily,
Dan Bull.
P.S. I love you, Mandy x
Friday, September 25, 2009
Dan Bull - Dear Lily
Dan Bull - Dear Lily
an open letter to Lily Allen
Description: An open letter to Lily Allen in song format, regarding her recent campaign against filesharing and her decision to quit music.
Lyrics:
Dear Lily Allen,
Remember when you pretended, Lily, that you were truly independent, Lily? Faking like you made it all alone but you were legally with Regal, part of Parlophone - oh yes. So when you lectured me, I thought I'd fileshare my thoughts on your mp3, Lily.
Now first I must sing your praises - I love your singing but I'll just say this: I saw on your MySpace pages saying filesharing's a new ice age, but the industry's a recent innovation - music's been alive, thriving since cavemen. Folk songs so long have had a place in communities that you should be amazed at it. Then one day came intellectual property, meaning if I think a thought, you can't copy me. And if honesty's the best policy, I'd say songs are better off without this monopoly. It'd blatantly be a major fail if they'd patented the major scale. And downloads don't equate to sales, so taking them away won't make me pay up - just procludes me from sending your tunes to my friends, so we all lose in the end. You lose potential fans and we lose respect for the fact that you're desperate for cash. But what do you expect from the lass who's collecting a fat bank cheque from the man, while her fans are collecting the glasses for minimum wage they'll spend on her tracks?
Now please don't be offended, Lily; I think your new CD's splendid, Lily. Everybody's at It and it's Not Fair, I Could Say, The Fear was Him but He wasn't There so let's go Back to the Start, before 22 - all music's in the public domain, so Fuck You.
It's never the amateurs that's reckon it's damaging us, it's the major labels saying it's fatal; like when Napster had to pack up, wrecked by Metallica. The table's turned now - the labels churn out a new Jezebelinternetelevangelist - and she's fit - with a manuscript that was actually written by Mr. Michael Masnick. Can you get the irony? And by the by, Lily, I like this beat - I hope you don't mind me thieving, 'cause even doing a cover song's decried as stealing. But it's alright, still, for you to plagiarise, and preach it - Don't you believe it's maybe time to rethink, Lily?
Put music back in the hands of the people; make the majors and amateurs equal. If anything labels strangle the freedom you claim they're saving by banning this evil. That's the actual reason, you see; and please don't compare sharing to stealing - I've not took anything off you, I'm just spreading love for what you do. Downloaded your songs for free, then I bought my mom your CD. She likes it too, she keeps telling me, all because I pirated an mp3. Now I've got Matt Bellamy belling me, telling me I'm not a fan, I'm the enemy. That's amusing, I've paid enough to see Muse in my time I could buy them a museum. Did you see them on that programme miming? Yeah, the pirates are killing live gigs. Maybe we should have a ban CDs appeal - then people would pay to see bands for real. Dear Lily, why are you being this silly?
Yours sincerely,
Dan Bull
P.S. - And I don't mean any offence or anything, Lily. I just don't think the issue's as clear cut as you're making out. And I know you're going to carry on making music really. But when you're between the devil and the deep blue sea, you need to stop worrying about pirates, and adjust your sails.
an open letter to Lily Allen
Description: An open letter to Lily Allen in song format, regarding her recent campaign against filesharing and her decision to quit music.
Lyrics:
Dear Lily Allen,
Remember when you pretended, Lily, that you were truly independent, Lily? Faking like you made it all alone but you were legally with Regal, part of Parlophone - oh yes. So when you lectured me, I thought I'd fileshare my thoughts on your mp3, Lily.
Now first I must sing your praises - I love your singing but I'll just say this: I saw on your MySpace pages saying filesharing's a new ice age, but the industry's a recent innovation - music's been alive, thriving since cavemen. Folk songs so long have had a place in communities that you should be amazed at it. Then one day came intellectual property, meaning if I think a thought, you can't copy me. And if honesty's the best policy, I'd say songs are better off without this monopoly. It'd blatantly be a major fail if they'd patented the major scale. And downloads don't equate to sales, so taking them away won't make me pay up - just procludes me from sending your tunes to my friends, so we all lose in the end. You lose potential fans and we lose respect for the fact that you're desperate for cash. But what do you expect from the lass who's collecting a fat bank cheque from the man, while her fans are collecting the glasses for minimum wage they'll spend on her tracks?
Now please don't be offended, Lily; I think your new CD's splendid, Lily. Everybody's at It and it's Not Fair, I Could Say, The Fear was Him but He wasn't There so let's go Back to the Start, before 22 - all music's in the public domain, so Fuck You.
It's never the amateurs that's reckon it's damaging us, it's the major labels saying it's fatal; like when Napster had to pack up, wrecked by Metallica. The table's turned now - the labels churn out a new Jezebelinternetelevangelist - and she's fit - with a manuscript that was actually written by Mr. Michael Masnick. Can you get the irony? And by the by, Lily, I like this beat - I hope you don't mind me thieving, 'cause even doing a cover song's decried as stealing. But it's alright, still, for you to plagiarise, and preach it - Don't you believe it's maybe time to rethink, Lily?
Put music back in the hands of the people; make the majors and amateurs equal. If anything labels strangle the freedom you claim they're saving by banning this evil. That's the actual reason, you see; and please don't compare sharing to stealing - I've not took anything off you, I'm just spreading love for what you do. Downloaded your songs for free, then I bought my mom your CD. She likes it too, she keeps telling me, all because I pirated an mp3. Now I've got Matt Bellamy belling me, telling me I'm not a fan, I'm the enemy. That's amusing, I've paid enough to see Muse in my time I could buy them a museum. Did you see them on that programme miming? Yeah, the pirates are killing live gigs. Maybe we should have a ban CDs appeal - then people would pay to see bands for real. Dear Lily, why are you being this silly?
Yours sincerely,
Dan Bull
P.S. - And I don't mean any offence or anything, Lily. I just don't think the issue's as clear cut as you're making out. And I know you're going to carry on making music really. But when you're between the devil and the deep blue sea, you need to stop worrying about pirates, and adjust your sails.
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