Showing posts with label copyright. Show all posts
Showing posts with label copyright. Show all posts

Monday, December 23, 2013

Hopefully Other Countries Will Save Us From USA's Attempt to Sell Us Out to Aid Big Political Donors

The Trans-Pacific Partnership has been atrocious.  Essentially the USA has been strong arming other countries into secretly selling out their citizens to provide benefits to large USA political donors.  The Obama administration has once again done the opposite of being the open and honest organization candidate Obama promised.

The hopes of stopping the corruption of the USA political system, in this case, wrests with other countries protecting their citizens (and the citizen's of the USA from the corrupt practices.  Vice President Bidden seems particularly focused on paying off his donors and friends with this horrible treaty.  The USA administration realizes the selling out the innovators and rights of citizens for large political donors is so toxic it would likely not survive if there was the transparent government candidate Obama promised.

The TPP should be stopped.  I would not trust politicians that don't speak out against it publicly now.  Politicians have become adept at hiding what they promote behind secrecy and misdirection.  Many are hoping they can hide behind the secrecy around the trampling of innovators and citizens in the TPP to pay off their donors while claiming the appose the horrible policies of the TPP.  If they are not speaking out now, all they are doing is taking advantage of the secrecy the Obama administration has made its policy for trying to hide government action that harms the country from public view.

The Trans-Pacific Partnership being pushed by Washington is nothing more than a corporatist power grab by William Pesek.

American lawmakers and civil liberties groups have complained for some time about the opacity surrounding the treaty's terms. Mild grousing turned into outrage last month after WikiLeaks did what Barack Obama's White House refuses to: share portions of the document with the public. The draft of the intellectual property rights chapter by Julian Assange's outfit validated the worst fears - that TPP is a corporatist power grab.

Rather than heed the outcry, the US doubled down on secrecy, refusing to disclose more details.

Hasn't the US wondered why so many of east Asia's most promising democracies have avoided the treaty? The popular excuse for why Indonesia, the Philippines, South Korea, Taiwan and Thailand aren't among the 12 TPP economies is that they aren't ready or are trapped by their own timidity. A better explanation is that their leaders realise that truly transparent and accountable governments, to borrow Kerry's own words, shouldn't be leading their people into the unknown.
The root cause of this situation is the corrupt USA political system. At a bit less abstract level the TPP seeks to worsen the deadly diseases of the broken patent and copyright system (and also worsen the broken health care system). The TPP is an attempt by those that understand systems thinking to mold the system in secrecy to benefit those giving USA politicians lots of cash. We can only hope that other countries are not willing to do the bidding of the USA in this case (though the USA is willing to provide incentives and threats to allow it to deliver for those giving USA politicians cash).

Related: Intellectual Property Rights and Innovation - The People We Elect Recently Are Dramatically Falling Us - Cash for Votes subreddit (political corruption) - Why Copyright Extention is a Very Bad Idea

Friday, May 17, 2013

14 Plus Potentially 14 More Years for Copyrights Has Become 120 Years

Our Intellectual Property Laws Are Out of Control

Thomas Jefferson opposed all government-granted monopolies, but James Madison argued that while monopolies generally are bad, there is a place for patents and copyrights. In the end, the Patent and Copyright Clause (Article I, Section 8) empowered Congress "[t]o promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."
The idea was that innovators would be rewarded with a short-term monopoly on their work. Afterward it would enter the public domain, hopefully sparking further creations or discoveries. In the early days the Constitution's "limited times" were quite limited: 14 years for patents; 14 years, plus a potential 14-year renewal term, for copyrights. And patents were strictly scrutinized to ensure that they represented real inventions. (Jefferson himself, when he was secretary of state, served as a patent examiner, so important did he consider this task.)
Nowadays the limited times aren't so limited. Copyright has been extended to the life of the author plus 70 years; corporate works (with no living person as "author") get a 120-year term. Patents are good for just 20 years, but there's far less scrutiny to ensure that they represent something truly new—a lot of "nuisance patents" are filed to provide bargaining chips rather than to protect actual creativity. Also, influential companies often get Congress to extend their own patent rights through special legislation. Does a century-plus exclusive right encourage invention more than a 28-year exclusive right? It's doubtful.
Sadly, we continue to damage society to provide government granted monopolies to large campaign contributors.  And we allow our legal system to be subverted by companies threatening to subject others to abusive litigation.  We should fix the system to work for society instead of against the interest of our society.  It is even worse that the USA continues to pressure foreign government to adopt solutions those paying USA politicians lots of cash want, at the expense of the citizens in those countries.

The copyright and patent systems must serve their public purpose or encouraging innovation and creation. The current system does the opposite. The system is doing great harm to our society (likely more harm than anything other than the broken health care system). We need to fix it. Sadly we keep electing fundamentally corrupted politicians that act mainly to serve those paying them the most and who have shown little interest in what benefits the country.

Related: New Deadly Diseases for Business - Bad Government, Closed Access - links to articles on the deadly disease of our broken patent and copyright system - Intellectual Property Rights and Innovation