Copyright

by Mike Masnick


Filed Under:
copyright, public domain, tpp, ustr



What Does USTR Have Against The Public Domain? Opposing TPP Provision In Support Of Public Domain

from the for-what-possible-reason? dept

Earlier, we wrote about some of the sections of the leaked IP chapter that KEI leaked yesterday. With the rest of the sections released today, there are some oddities worth calling out. For example, why is the USTR arguing against the public domain? In the section on Internet Service Providers (ISPs), there's a part that lists out what the "parties recognize" the need for, including "promoting innovation and creativity," "facilitating the diffusion of information, knowledge, technology, culture and the arts" and "foster competition and open and efficient markets." Right after that, a few countries suggest "acknowledging the importance of the public domain," and the US and Japan oppose this suggestion:
Is that really something worth objecting to? And if so, why? Does the USTR not believe in the importance of the public domain? Is Michael Froman and the USTR negotiators really that out of touch with the importance of the public domain? Or is it yet another favor for their future employers in the entertainment industry?

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  • identicon
    Anonymous Coward, 5 Aug 2015 @ 10:42am

    Descriptions matter

    They call it property, and property has an owner.

    reply to this | link to this | view in chronology ]

    • icon
      Mason Wheeler (profile), 5 Aug 2015 @ 10:48am

      Re: Descriptions matter

      ...as does public property

      reply to this | link to this | view in chronology ]

      • identicon
        Anonymous Coward, 5 Aug 2015 @ 10:52am

        Re: Re: Descriptions matter

        n General public property is owned by the government, while the public domain is owned by everybody and therefore has no owner from which it can be bought.

        reply to this | link to this | view in chronology ]

        • identicon
          David, 6 Aug 2015 @ 4:16am

          Re: Re: Re: Descriptions matter

          The "public domain" is just as little or much intellectual property of its creators and/or the public as copyrighted matter is.

          And copies of public domain material don't just magically fall from the trees, either.

          "public domain" just like "copyright" is a national concept of what kind of uses are permitted and prohibited for physically tangible copies of some content. "Ownership" only concerns physical copies. "Public domain" is not "owned by everybody". It is just a list of content I can put on my own media regardless of its origin without becoming liable to prosecution if someone finds out, for example because he buys some media off me.

          reply to this | link to this | view in chronology ]

  • This comment has been flagged by the community. Click here to show it
    identicon
    Anonymous Coward, 5 Aug 2015 @ 11:05am

    "What Does USTR Have Against The Public Domain?"

    Your chances of getting an answer to that question are about the same as mine in getting an answer to this "What Does Mike Have Against the Rights of Authors?"

    Bawk.

    reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 5 Aug 2015 @ 11:37am

      Re:

      that is like asking what does AC have against the rights of a dirty rotten thief!

      Not sure that stealing from the public is exactly a right!

      reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 5 Aug 2015 @ 11:38am

      Re:

      Masnick won't let YOU say Masnick. Without prior approval. Because it annoys you, I vote for keeping it.

      reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 5 Aug 2015 @ 12:15pm

      Re:

      No one has anything against the rights of authors. IP is not a right it's a privilege.

      reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 5 Aug 2015 @ 12:32pm

      Re:

      I have a question for you. While you don't care about the rights of authors (you only care about the privileges and profits of distributors) what have you got against democracy? After all, the current state of IP laws was mostly undemocratically passed and these negotiations are being done in undemocratic secrecy.

      and I really find it insulting that you would use the 'rights of authors' as a pretext to support your real agenda in favor of the privileges and profits of distributors both at the expense of authors and the public. You don't really care about authors at all and you don't care about democracy and it's of no benefit to your cause to use authors as the poster child for your selfish agenda. No one is fooled as evidence by the fact that you must subvert democracy, through secrecy and buying politicians, to get what you want because these laws would never pass in a more democratic environment. The only thing you're doing is showing everyone how little shame you have and how low you would stoop in your very obvious dishonesty to get what you want. It would be much better for you to just be honest about the fact that you only care about the distributors and have their interests in mind. It's also dishonest of you to keep calling a privilege a 'right'. Again, that only make you look dishonest and foolish. Dishonest because you know better and foolish for thinking that anyone else would confuse the two just because you purposely conflate them. You also look foolish for thinking anyone believes you actually care about authors. Being honest is a much better strategy for you. At least, from there, the roles of distributors and a more appropriate business model for them could be more openly discussed. But claiming that you care about authors is a non-starter because no one is fooled.

      reply to this | link to this | view in chronology ]

  • identicon
    David, 5 Aug 2015 @ 11:07am

    Why wouldn't the USTR oppose the Public Domain?

    The Public Domain is outside of the USTR's control. Why should they be interested in wielding less power?

    reply to this | link to this | view in chronology ]

  • This comment has been flagged by the community. Click here to show it
    identicon
    Anonymous Coward, 5 Aug 2015 @ 11:09am

    Haha!

    Do you really have the spam filter sending comments that include your last name to the moderation queue? Is nobody allowed to say your name without your prior approval?

    Insecure much?

    I love this place.

    reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 5 Aug 2015 @ 11:20am

    They're against the public domain because they feel threatened by it. After all, why pay for movie tickets that cost as much as a tank of gas to see a movie nobody will talk about in a month when they can stay at home and download/stream a more time-tested movie for free?

    reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 5 Aug 2015 @ 11:27am

    i would have thought it was reasonably obvious. if something can be made to make money, it's good, if it cant, it either has to be bought by private companies/individuals or disbanded, demolished or otherwise destroyed! the ultimate bottom line is no one outside of business deserves to be able to use, let alone have, anything!!
    and unless people are really so blind, what is going on everywhere? public companies, public owned and run companies are being sold off, even though the people have the biggest stake in something, the governments are ignoring them and selling it anyway. on top of that, 'Police States' are developing everywhere as well, so that they will be able to quell the uprising that will someday happen! and certainly in the USA, officers are not bothered about who, how many or why they shoot and shoot to kill!!

    reply to this | link to this | view in chronology ]

  • icon
    tqk (profile), 5 Aug 2015 @ 12:30pm

    When you see "USTR", read "MafiAA & big Pharma."

    Or is it yet another favor for their future employers in the entertainment industry?

    I don't think it's even that complicated. The USTR is merely the D.C. branch office of the MPAA and big Pharma.

    reply to this | link to this | view in chronology ]

  • icon
    Jeff Rivett (profile), 5 Aug 2015 @ 12:48pm

    It's simple, really...

    If there's any chance at all that some corporation's profits will suffer as a result of a new law or other change, that corporation and all of its stooges in government will fight it to their last breath. From their perspective, there is no other option. Even if it makes absolutely no sense.

    reply to this | link to this | view in chronology ]

  • icon
    limbodog (profile), 5 Aug 2015 @ 12:55pm

    Can't we make a Mickey Mouse law?

    So the Mouse House is the prime mover behind a lot of the efforts to make Copyright eternal starting from the birth of Walt Disney onward.

    Can't we change the law to expand trademarks to include mascots, so that Mickey and company never enter the public domain so long as disney is operational, but that the rest of copyright actually has an expiration date?

    reply to this | link to this | view in chronology ]

    • identicon
      David, 5 Aug 2015 @ 2:06pm

      Re: Can't we make a Mickey Mouse law?

      Can't we change the law to expand trademarks to include mascots, so that Mickey and company never enter the public domain so long as disney is operational, but that the rest of copyright actually has an expiration date?

      There will be no rest because Disney would pick up everything at bargain price shortly before it would slip into the Public Domain.

      You are falling into the Nobel fallacy of presuming there are things people will not do for money and/or power.

      reply to this | link to this | view in chronology ]

  • icon
    Groaker (profile), 5 Aug 2015 @ 1:45pm

    The USTR is laying the ground work for saying that you don't own what you create. Right now they are saying that you have no right to give away what you develop. Which means that you don't really own it.

    The next step will be the loss of the ability to sell what you create when a company with a larger legal army claims that it can make a greater profit than you can.

    After that it will take the equivalent of a DMCA take down notice to declare that you have no right to what you created.

    reply to this | link to this | view in chronology ]

  • identicon
    J.R., 5 Aug 2015 @ 3:17pm

    RE_ USTR

    Maybe he's not personally against the Public Domain, but his corporate owners/masters are. My opinion is that he's just a corrupt POS who does what the fat-cats want and says "Fuck you" to the American people.

    reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 5 Aug 2015 @ 5:14pm

    antidirt just hates it when due process is enforced.

    reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 5 Aug 2015 @ 9:12pm

    The public, of course

    Question: What does USTR have against the public domain?
    Hint: What does USTR have against the public seeing the TPP wording before it's finalised?
    Answer: the public.

    Really easy question, when you think about it.

    reply to this | link to this | view in chronology ]

  • identicon
    rapnel, 6 Aug 2015 @ 4:01pm

    With the tiny claw of a clause in the constitution it, "copyright", is succeeding at not only ripping out the intent of the text but in using its grip to help shred the rest.

    reply to this | link to this | view in chronology ]


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