According to videogame patent lawyer Kirk Sigmon, the USPTO granting Nintendo these latest patents isn’t just a moment of questionable legal theory. It’s an indictment of American patent law.
“Broadly, I don’t disagree with the many online complaints about these Nintendo patents,” said Sigmon, whose opinions do not represent those of his firm and clients. “They have been an embarrassing failure of the US patent system.”
I do believe that.
Intellectual property leads to all kind of unfairness. It should be normalized that artist would be paid for the work done, nor for property ownership.
This adds to some other believes about people shouldn’t be paid just for “property ownership”.
And once the art is done and released is part of human race, that does include terrible human beings, but it also includes absolutely everyone else.
Some other argument for this… For instance, being an artist is one of the jobs with biggest pay disparity, from the poorest of them all to some of the richest. That’s a normal output of basing income on property ownership, things snowball once you have enough property.
I don’t think there’s a way to make private property (physical or intelectual) work in a fair economy. And remember, private property is not the same as personal property, just in case.
I do think the world of art would get much better and more diverse if we got rid of property as a way to measure revenue and put work in the center as a way to measure how much we should pay each artist.
People need to be compensated for their work, that may end up being an awful lot and probably in excess of what they need, but that’s how it has to work. Any other system would just disincentivize people from putting in the effort, in fact it would force them not to because they would have to do something else in order to earn enough money to live. The precise opposite of your desired outcome would happen, the rich would produce endless amounts of content just to more money, and all the smaller artists would have to go and get a job in Costco or something.
The only way your idea would work is if we completely change the economic system and got rid of money. Which I’m all in favour of but I suspect is probably outside of the scope of copyright law.
You live in a dream world. Why would I release my music to the public when there are people who will make a living stealing it, putting their name on it, and selling 1000x more than I ever could because they already have name recognition? And those people WILL exist for every form of creative content.
Artists need some sort of mechanism to protect them from exploitation that is inherent to capitalism
Yeah… victory belonging to the person with the widest reach and deepest pockets rather than the originator of the material/idea is one way to ensure that all creatives become paupers. This is one of those many on-paper ideas that, without the upheaval of pretty much every other established human social structure, would be awful in practice.
I thought you were going to say something about Spotify for a moment.
99+% of art is never sold. The vast majority of artist don’t make money. Who really cares about the extreme minority who use capitalism to control our culture. They don’t get to decide what the rest of the world does purely for their economic interests.
No they don’t need any mechanism. The arts and sciences existed for thousands of years without modern silly interpretations for commercial interests.
So for the artists that created works but did not sell them, you believe that they would be fine with someone else photocopying it and then selling it themselves?
Sorry I’m not a head in the clouds, utopian. I try to base my beliefs in plausible reality.
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Why are y’all so fucking rude?
I’m a bootlicker because I don’t think getting rid of the concept of intellectual property completely is a good idea.
Ok Bud
And you know nothing about me and whether or not I’m a musician or an artist, so you shouldn’t assume.
But I know for a fact that most artists would not be fucking ok with someone photocopying their work (that they didn’t sell) for profit.
I know this because it literally already fucking happens, and artists hate it.
You think every artist is a selfish asshole like you. That is just called projecting.
You are incapable of good faith discussion.
Hope you get help for your anger issues. Have a good weekend.
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Because you will be paid for it?
In the current world I could torrent your music and you’ll be “losing money” and will end up investing more work in anti-piracy and advertisement than in making good music.
If instead you would be paid for the making of the music regardless of how many copies of a digital file you sold by a better system that’s not based on private property and the means of capitalism, it would mean that you could 100% focus on making music and everyone could enjoy the things you made. You couldn’t care less if I torrent your music in this new world. Hell, music would probably be mainly distributed by torrenting.
Everyone will be happy, except investors and people thriving of this inefficient and unfair system.
Meanwhile, I’ll be seeding.
And how would that system decide how much you get paid and where would the money for that payment come from? How do you make sure a carefully crafted piece of music, that brings happiness to millions of people gets paid fairly compared to someone just putting together a song in 5 minutes by pressing random notes on the keyboard?
What is “fair compensation”, in this case, for you? Does bringing joy to millions of people entitle you to more money or do you see the happiness you shared and subsequent fame as part of your “payment” - what you get out of it?
Any system to evaluate compensation would be better than the actual one, which is a completely mess that does not properly compensate artists for their work.
Currently marketing, frontstore presence and market dominance is far more relevant on a particular artist income than their craft.
Any system that actually would think about what people think about a particular craft, how much time and effort got put into it, how much it was enjoyed, etc, would be better. Currently is just about who can make more sales and get more ad money, the art is secondary and I’m being generous.
Ok but you’re literally describing a utopia. That is not a world that exists in reality.
So is a world without murder. That doesn’t mean that we should defend murderers doesn’t it?
A world where gay people had equal rights surely was an utopia on the year 1800s, look how far have we come. Thanks to people that though that a better word is, indeed, possible.
Why wouldn’t we strive for a better way of doing things? Why defend faulty systems that we know they are bad just because those are the systems currently in place?
I do believe we can be better.
And if not… Piracy it is.
Just because we could do better doesn’t magically make tearing all protections down a remotely intelligent idea.
They’re asking for a SPECIFIC idea of what to replace them with… because you dummies will just end up reinventing IP laws without 70 year copyrights… like they were originally…
This is a trains for public transit situation… You’ll whine all day about the status quo, say nothing good exists, want to tear it all down … and then just reinvent the same fucking thing we already have but just need a different mix of…
I think you are arguing against an imaginary group of people here.
Is he? Seems to me he is spot on. A lot of words about how things should be and precious little how to make it so.
Sure, you got to start somewhere but you also need a plan to get there in the first place.
All the personal attacks were completely out of place. So that person is out of the debate for me.
You were polite so I will answer to you.
First. Pay per access is no-go. Art is publicly release, pay or not pay access for things that are costless to copy is unrestricted. This already happens, piracy exist and cannot made go away. It’s just its legalization.
Second. Once pay per access is abolished. It’s more important to focus in pay for work or pay for release. Focusing more on making the artist a person who is being patronize for doing their art rather than a salesperson.
Once we have this idea of patronizing, instead of private labels we could focus more on cooperative labels, taking out investors and useless middlemen. People could paid for some artist or some label (which will be exclusively conformed by artist) in order for them to keep making their thing. Some labels could be actually public labels, this already exist to some degree when some state pays for art to be made, just expanding it.
Now that we changed the model in a model were people give their money before they get to see the final product we should put some protections in place to avoid scams and then we are golden.
It’s not so complicated really. Many systems already exist. The history is the same as with everything else capitalism and rich capitalists are in a dominant position so they make any change for the better harder.
I’m literally talking about how we should try to do better. I’ve just been around long enough to know that this ain’t how you do it.