Re: Snooze/lose (Was: Academics and coursepacks)

On Tue, 25 Aug 1998, Michael Scarpitti <mscarpit[_at_]asnt.org> wrote:
>
> Of course there is a meaningfull distinction between IP and real
> property. If a work is "Published" (look at that word, lads! see the
> root "public"? Now, finish the sentence like good lads!) it is given
> to the "public". The terms of the "giving" (sales restrictions, etc.)
> determine its price. Its usefulness determines its lasting value.
> Unlike real property, IP has value only insofar as it is "Published".
> If you run a taxi or bus service that is used by the public, and then
> decide that you want to go out of business, someone else may take over
> the routes, etc., that you may once have had monopolies on.

Language roots are interesting but not decisive. "Give" in Middle English and Old Norse appears ambiguous, more often meaning "free gift" as well as transfer.

IP is not "given" as in "give away" but sold to the public as a product or performance, usually subject to licenses provided by IP creators "privately." In defense of IP rights, recording devices are routinely prohibited at public performances without any serious legal challenge that I know.

When Chrysler stopped making the Plymouth Valiant, did it give up its IP rights?

If you rent out your real estate or your car for a week, must you give up your right to _not_ rent it?

If you loan a book for two weeks, are you obligated to loan it again and forever?

Albert Henderson, Editor, PUBLISHING RESEARCH QUARTERLY <70244.1532[_at_]compuserve.com> Received on Fri Aug 28 1998 - 13:53:10 GMT