Re: copyright expiration as a spur to creativity

On 2 Sep 1998, Michael Scarpitti <MScarpit[_at_]asnt.org> wrote:
>
> As has been pointed out by me and others, IP differs from real
> property in several significant ways. For Mr Henderson to continue
> to treat them the same, and then to base arguments on that premiss,
> is intellectually dishonest.

Don't be bitter just because I don't buy the "public" theory. The differences you emphasize are not necessarily related to ownership. I believe that making an unauthorized copy is neither a "God-given" right nor a law of nature.

> In the first place, IP cannot really be "owned", only the reproduction
> rights can be owned. It's only real value lies precisely in its
> availability to others, for a price.

A trade secret is certainly owned and valued for its exclusivity and unavailability to others. I believe Xerox Corporation keeps its toner forumla a secret.

So is a trademark, like "Xerox" for example. Please don't use it as a verb, beg the Xerox Corp. lawyers.

A limited edition of a book or work of art also takes value from scarcity. There is only one Mona Lisa, even though the image is considered in public domain. The counterfeiting of Einstein's bust of Churchill was an international scandal.  

> Secondly, copies of IP may be sold over and over again to different
> parties. I cannot sell you my Leica M-3 but once, after which you
> have it and I don't.

You don't have the right to make copies of the Leica. Thousands have been made, surely, and sold over and over again to different parties.

> On the other hand, Merriam-Webster can sell thousands of the Third
> New International dictionary without diminishing their ownership of
> the work. And so on.

Counterfeit copies of the dictionary certainly diminish the owners'  value. The U.S. government has made major efforts to eliminate pirate editions of such popular works -- including music and software -- throughout the world.

Albert Henderson, Editor, PUBLISHING RESEARCH QUARTERLY <70244.1532[_at_]compuserve.com> Received on Tue Sep 08 1998 - 13:30:21 GMT