- Jul 5, 2006
The benefit of not providing protections would promote creativity in many ways.I ask again, what is the benifit of not providing these protections?
One, it would removing the fear factor of infringement. The lawyers seem to find the ambiguity between new and infringing to be extremely fertile ground for the broadcast planting of lawsuits. Derivative Artwork Inspiring Derivative Artwork -- But Will The Lawyers Ruin It?
A lot of creativity is incremental in nature. Consequently, it is difficult to ascertain whether the incremental improvement is really new versus infringing. For example, what about those people who remix? When Musicians Get Excited About Remixes, Cool Things Happen: Jay-Z, Nick Drake And Jason Parker Do Jazz
Then there is the growing assertion by some authors that they can control the "facts" associated with their works. The benefit of "not providing these protections" would be the restoration of the concept that facts are not an entitlement under copyright. Orson Scott Card on J.K Rowliing.
An associated issue to the Rowling controversy, is that some authors have used copyright to attack their own fan base. The benefit of "not providing these protections" would be the restoration of the concept that the fan base would be free to promote the work of the author as a from of appreciation. Nothing like having a large fan base promoting your work for free. Word of mouth is cheaper than hiring an advertising firm. Too bad some authors don't seem to realize that.
A more critical issue from my perspective is the increasing assertion by some manufactures that the user does not have an ownership (private property) privilege. With Kinect Controller, Hackers Take Liberties. The benefit of "not providing these protections" would be the restoration of the concept that the user owns the hardware that they buy and can modify it as they see fit.
Restoring the effective time period (to 14 years?) for when works are covered by copyright, would allow other content creators to build on these works as the copyright expires. This is one of the goals of copyright. Just think of all the trouble that Micky Mouse could get into without papa Disney controlling his every move!!!!