Date: Fri, 04 Jul 2008 12:19:41 -0400
From: "Michael Walsh" <mjw at press.jhu.edu>
To: "WSFA members" <WSFAlist at KeithLynch.net>
Subject: [WSFA] Re: Ever use YouTube?
Reply-To: WSFA members <WSFAlist at KeithLynch.net>

> <lees103 at verizon.net> 7/3/2008 8:26 PM >>>
>The current US legal system allows judges to appoint qualified experts
>to advise them when the judges realize

And ideally most are smart enough to realize when they're not smart =
enough.

> that they're out of their depth.  The
>generic term is "special masters."  The special master is supposed to =
be
>familiar with both law and functional expertise.  He/She boils the =
issues
>down for the judge and the judge can then make an intelligent decision.
>    I personally think that the attitude that it's easier to get rich =
by
>litigating rather than by inventing and building is more dangerous =
than
>judges who don't recognize their own limitations.  Most legal systems =
allow
>litigants to appeal unjust results.
>    Not sure what Mike's getting at when he talks about rethinking
>copyrights.  The idea of having copyrights and like limited monopolies =
in
>other areas is to encourage people to develop ideas because they will =
have
>the exclusive right to exploit the idea for a limited period of time.
>Society gets the benefit of the idea and the developer gets the money.
>After a time, the idea becomes freeware and anyone can exploit it.

Some see the problem being "After a time".

"To 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"
(Article 1, Section 4, US Constitution)

& here at Ye Olde Wiki: http://en.wikipedia.org/wiki/Sonny_Bono_Copyright_T=
erm_Extension_Act.

>If any
>idea became freeware the instant it was articulated in public, a lot =
of
>people would say "Why bother publishing?  I'll keep it to myself and gain =
an
>advantage that way.  The advantage that I will gain is not as good as =
the
>advantage that I would gain if I could sell copies without fear of =
stealing
>but it's better than having others help themselves."

Perhaps one would have to go back to an era when the Artist had a Patron =
for the Artist to survive.

mjw