Copyright law doesn't really care if the copyrighted material is a song, a book, or lines of code.
I don't even really agree with this. For example (at least in Australia) the courts will take account of the character of a book - ficiton or non-fiction reportage - when determining what counts as a copyright violation.
The same laws apply regardless of the IP industry. In what you're describing, the courts aren't applying different laws to different industries, they are making distinctions within the law that the text of the law expressly makes them do.
The courts you mention are making a distinction because reportage of mere facts- a hallmark of non-fiction- cannot be copyrighted. Interpretation of those facts can, as can fictionalization of events surrounding those facts.
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Originally Posted by Dannyalcatraz
And economics doesn't care if you're talking about IP, personal property or real property.
Initially you said that economics was indifferent to markets, not property types. Of course, some economic theories do distinguish between real property, goods, intangibles, labour and other inputs of production.
You're misunderstanding me.
Economics does not have distinct rules for markets for IP, markets for personal property or markets for real property- all markets for all goods follow the same rules for supply and demand, all follow the same macro and micro rules. All markets are affected the same way by Keynsian manipulations. Giffen goods may be the sole exception, but so far, no economist has successfully proven the existence of one.
But taxation-funded public education shows that there are non-market, non-private-property-based ways of organising certain sectors of the economy.
And generally speaking, they're less efficient than market based solutions.
However, natural monopolies and those derived from IP are a different story. For one thing, IP monopolies are statutorily limited in duration.
This doesn't seem to tell us whether or not they are obstacles to production
Someone else being first to market with a particular idea or product is definitionally an obstacle to production by someone else.
. Natural monopolies, for example, are often highly regulated in order to prevent them becoming obstacles to efficient production (eg most countries' telecommunications or transport networks).
No, natural monopolies are highly regulated for the public good, such as to prevent them from exercising monopoly power on the consuming public by jacking up prices, such as by intentionally engineering a shortfall in supplying its product to market, ensuring higher than normal prices. Efficiency has nothing to do with it.
If you don't reward free human beings for their efforts, they'll stop making those efforts.
This is not true in all cases - a good deal of production in our economy (eg domestic production, volunteer firefighting, parents reading in public schools) is unpaid. The factors that underpin productive efforts are many and varied.
In many of the cases you cited, the reward of the volunteer is the psychic reward of being a good citizen, and in many places, those exact same services are paying jobs. (I'm not sure what you mean by "domestic production"- that seems vague to me.)
Yes. The bit I was referring to, which you seem to have missed, is Article 31 ("Other Use Without Authorization of the Right Holder"), which includes the following provision:
This requirement may be waived by a Member in the case of a national emergency or other circumstances of extreme urgency or in cases of public non-commercial use. In situations of national emergency or other circumstances of extreme urgency . . .
And its still subject to all the other limitations of TRIPS.
I just put it forward as a counter-example to the thesis of "all IP, all the time" ie a it is a recognition that some goods can only be achieved in spite of, rather than by means of, IP laws.
Nowhere have I asserted that vigorous IP rights & enforcement thereof are the only path to achieving certain goods- just that they are 1) the fastest way to meet those goods and 2) fairest to the creator of the IP.
Quote:
Originally Posted by Dannyalcatraz
Per capita incomes, GNP, etc- all follow the same trend. If your country protects IP, it does better.
The USA, which has perhaps the world's most robust IP laws, has lower life expectancies than most other OECD countries.
Post hoc ergo procter hoc? I don't think so.
Americans generally eat a crappy diet heavy in fats & salts and we are sedentary as we sit around enjoying our Ipods, flat-screens, and Wiis- the fruits of the worlds' various IP rich economies. How could we not have a lower than expected life expectancy.
Besides, another factor in lower life expectancy in the USA is the heterogeneous nature of our gene pool. We have people in this country with genetic predispositions to all kinds of diseases all over the world, and that is a burden, and our open society means that any infectious disease has a host of potential vectors. Norway has ZERO problem with Sickle Cell Anemia, for instance and China doesn't have to deal with Tay-Sachs. And its arguable that totalitarian regimes with travel restrictions don't have as much to worry about from a relative of the 1918 flu pandemic as a country in which "Patient Zero" can expose everyone in the country with a simple indirect flight from NYC to LA through a couple of hub cities. In contrast, the US healthcare system potentially has to deal with nearly every pathogen in the world.
And China, notorious for its poor enforcement of IP laws, has much better GDP, growth, life expectancy etc than those countries in Easteran and Southern Africa where strictly enforced IP laws constitute obstacles to the distribution of certain pharmaceuticals.
China's GDP is based on having a huge economy with an underpaid workforce along with artificially lower costs of production due to government subsidy/ownership of industry and-
surprise!- not having to pay those pesky R&D costs for all that IP they use. Oh yeah- they also took over the economic powerhouse Hong Kong a few years ago, and are only monkeying with its economy a little bit.
Per capita, the average Chinese citizen is economically worse off than their counterparts in countries with westernized economies.
That's why Hong Kong is being handled with such kid gloves.
I think some of your claims are a little exaggerated.
Nah- not so much.