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6e629771__S__Bureau_of_Labor_Statistics__option_and_redesign_objective_Design_option | [Impact on data quality] Inconclusive. One study found evidence of panel conditioning within one section, but another study suggested no deterioration in overall data quality by having multiple interview waves. [Impact on respondent burden] No study [Impact on cost] Cost reduction. A study suggested that eliminating th... | Reduce the number of interviews | [] | Research highlights of the Consumer Expenditure Survey redesign : Monthly Labor Review: U.S. Bureau of Labor Statistics | Design option | http://stats.bls.gov/opub/mlr/2013/article/ce-survey-redesign.htm | 39/1438042989126.22_20150728002309-00121-ip-10-236-191-2_223675073_0.json |
6e629771__S__Bureau_of_Labor_Statistics__option_and_redesign_objective_Design_option | [Impact on data quality] Mixed. A study that switched the order of sections found earlier administration of a section increased item reports but not expenditure amounts (with no measure of “true” expenditure amounts available). [Impact on respondent burden] Beneficial. Use of a split-questionnaire design indicated a re... | Reduce the length of interview | [] | Research highlights of the Consumer Expenditure Survey redesign : Monthly Labor Review: U.S. Bureau of Labor Statistics | Design option | http://stats.bls.gov/opub/mlr/2013/article/ce-survey-redesign.htm | 39/1438042989126.22_20150728002309-00121-ip-10-236-191-2_223675073_0.json |
6e629771__S__Bureau_of_Labor_Statistics__option_and_redesign_objective_Design_option | [Impact on data quality] Mixed. Comparison of global and detailed questions found global questions resulted in some higher expenditure amounts (but no indication of true amounts are available). Another study suggested items were missed with global questions. [Impact on respondent burden] No study [Impact on cost] No st... | Increase the use of global questions | [] | Research highlights of the Consumer Expenditure Survey redesign : Monthly Labor Review: U.S. Bureau of Labor Statistics | Design option | http://stats.bls.gov/opub/mlr/2013/article/ce-survey-redesign.htm | 39/1438042989126.22_20150728002309-00121-ip-10-236-191-2_223675073_0.json |
6e629771__S__Bureau_of_Labor_Statistics__option_and_redesign_objective_Design_option | [Impact on data quality] Inconclusive. Study comparing monthly versus quarterly reporting periods found a nonsignificant increase in expenditures reported with monthly reporting (with no “truth” measure available). [Impact on respondent burden] Mixed. Respondent feedback to quarterly and monthly reporting indicated mor... | Reduce the interview reference period | [] | Research highlights of the Consumer Expenditure Survey redesign : Monthly Labor Review: U.S. Bureau of Labor Statistics | Design option | http://stats.bls.gov/opub/mlr/2013/article/ce-survey-redesign.htm | 39/1438042989126.22_20150728002309-00121-ip-10-236-191-2_223675073_0.json |
6e629771__S__Bureau_of_Labor_Statistics__option_and_redesign_objective_Design_option | [Impact on data quality] Beneficial. Study indicated only 60 percent of categories are correctly reported by proxy. Individual diary placement resulted in a significant increase in amount and number of expenditures reported. [Impact on respondent burden] Harmful. Most studies have indicated lower response rates resulti... | Reduce proxy reporting | [] | Research highlights of the Consumer Expenditure Survey redesign : Monthly Labor Review: U.S. Bureau of Labor Statistics | Design option | http://stats.bls.gov/opub/mlr/2013/article/ce-survey-redesign.htm | 39/1438042989126.22_20150728002309-00121-ip-10-236-191-2_223675073_0.json |
6e629771__S__Bureau_of_Labor_Statistics__option_and_redesign_objective_Design_option | [Impact on data quality] Beneficial. Study has indicated that the use of records is more important than the mode of interview in determining expenditure amounts (with no “truth” measure available). [Impact on respondent burden] Harmful. Study has suggested few households are able to provide records needed, and other st... | Increase the use of records to decrease recall problems | [] | Research highlights of the Consumer Expenditure Survey redesign : Monthly Labor Review: U.S. Bureau of Labor Statistics | Design option | http://stats.bls.gov/opub/mlr/2013/article/ce-survey-redesign.htm | 39/1438042989126.22_20150728002309-00121-ip-10-236-191-2_223675073_0.json |
6e629771__S__Bureau_of_Labor_Statistics__option_and_redesign_objective_Design_option | [Impact on data quality] No study [Impact on respondent burden] Mixed. Research suggests the use of technology may reduce reporting burden, but some types of technology may increase burden (e.g., the time required to scan receipts). [Impact on cost] No study [Design option] | Increase the use of new technologies | [] | Research highlights of the Consumer Expenditure Survey redesign : Monthly Labor Review: U.S. Bureau of Labor Statistics | Design option | http://stats.bls.gov/opub/mlr/2013/article/ce-survey-redesign.htm | 39/1438042989126.22_20150728002309-00121-ip-10-236-191-2_223675073_0.json |
6e629771__S__Bureau_of_Labor_Statistics__option_and_redesign_objective_Design_option | [Impact on data quality] Mixed. Study indicated that the use of records is more important than the mode of interview in expenditure amounts, though the use of records is affected by mode. [Impact on respondent burden] No study [Impact on cost] Cost reduction. Telephone interviewing is less expensive than in-person inte... | Provide flexibility in mode of interviewing | [] | Research highlights of the Consumer Expenditure Survey redesign : Monthly Labor Review: U.S. Bureau of Labor Statistics | Design option | http://stats.bls.gov/opub/mlr/2013/article/ce-survey-redesign.htm | 39/1438042989126.22_20150728002309-00121-ip-10-236-191-2_223675073_0.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 6 [My Comments] Patry is correct here. Today’s copyright laws don’t make any sense and are nothing more than the result of several competing groups of people to carve out some benefits at the expense of each other. This is a recipe for unworkable laws. [Quote from Patry’s book] | We will never fix our laws unless we clean house and start all over again, this time on a sound, empirical basis: Simply adding on to a failed structure will no longer work... No one should suggest that our copyright laws are rational, deliberate, unified policy instruments, carefully designed to achieve specific socia... | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 10 [My Comments] Why not have international treaties that would provide for compulsory donations of cars to those with arthritis? While we’re at it, why not have international treaties that would compel luxury restaurants to feed the hungry? If publishers do not want to make their works available to the blind, w... | An international treaty is necessary to make sure all books can be accessible by the blind. Accessibility can be accomplished through a combination of compulsory licenses and exceptions. Voluntary agreements among publishers, libraries, and blind groups are certainly necessary to the ultimate success, but a global, bin... | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 11 [My Comments] Duh. Unfortunately, the rest of the book does not support this benevolence towards those “who wish to protect” their works from being used without authorization. [Quote from Patry’s book] | My view is that copyright laws can serve valuable purposes: while they do not cause people to create in the first place and do not create economic or critical success, they do ensure that once works are created, those who wish to protect them and economically benefit can. We all should support this goal. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 12 [My Comments] You don’t make people happy by force. It is theirs, and they are entitled to say no if they want to, even if they choose to go hungry. Just because we can think of better business models does not mean that we should force them upon those who disagree. [Quote from Patry’s book] | ...markets are still badly underserved by many copyright owners who cling to the ideology of property rights: “it’s mine and I can say no if I want to.” That attitude inhibits innovative services capable of putting the type of money in authors’ pockets that they deserve. You can’t eat ideology. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 16 [My Comments] Today, there are thousands of ways copyright owners can make their own works available to the public without the need to go through gatekeepers. According to YouTube, one hour of video is uploaded to YouTube every second. Even if 15% of that video constitutes original works not owned by somebody... | The argument is that the protection against free riding that copyright provides also causes distributors to bring an abundance of works to market. In this argument, copyright is essential for abundance. The argument misapprehends markets and the role of law in markets. Historically, in mainstream culture, copyright law... | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 17 [My Comments] I am wholeheartedly against government support of the art. If people don’t want to voluntarily support an artist on conditions that the artist would like to be supported, then the government should play no role in forcing the public to pay for the cause they do not support. As for the platforms,... | This doesn’t mean we have to rely entirely on government subsidies – the marketplace is fine for works by corporations and by the popular authors they support – but it does mean we need to find non-market ways for other authors and artists to obtain the necessary initial conditions to create. Aside from government subs... | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 27 [My Comments] Whether the right to control the use of the works matters to artists may or may not be true. It is also irrelevant. What matters is that we should not force the authors to give up the right of control if they don’t want to, even if doing so would bring about a more steady income. Likewise, we sh... | If we want more authors and artists, we must provide them with the economic ability to be authors and artists, above the fray for market share in a winner-take-all environment. It is not copyright for copyright’s sake that matters to authors and artists, but rather a steady income. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 35 [My Comments] And these corporations are in their right to do it. The purpose of modern antitrust laws is to destroy the successful for being successful and to support the impotent for being impotent. There is nothing wrong with monopolies if their monopolistic status is based on their ability to offer a prod... | These corporations continually press for more draconian copyright laws (e.g., cutting off Internet access, harsh criminal penalties) while arguing for more relaxed antitrust laws. They bring lawsuits against consumer electronics companies and against online platforms offering authors and performers a way around gatekee... | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 36 [My Comments] Patry is full of indignation towards Verdi and Brahms for they decided that they could afford to retire early. Of course, collectivist mentality suggests that they should have been enslaved to produce even more great works until the day they died. It goes back to the very simple question – “Shou... | Giuseppe Verdi began his composing career before Italian copyright laws were passed. Although he and his publisher had previously developed work-arounds, after Italian laws were passed, Verdi was able to amass a considerable fortune. One effect of this success should be noted, however: Verdi made so much money he stopp... | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 38 [My Comments] That may be true, but this argument is based on the selective reference to pre-existing laws. If we are discussing what the laws should be, regardless of what they are, there is no reason why we should pay much attention to what the laws had been when they were first introduced. That in the eigh... | Copyright was an author’s right only in the sense of selling those rights on the cheap to booksellers: the great copyright dispute in England in the eighteenth century over whether copyright was a perpetual right was for good reason called the Battle of the Booksellers, and not the Battle of the Authors. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 39 [My Comments] Unfortunately, this is not the dilemma as it exists today. Copyright owners would be happy if consumers whose expectations they refused to meet would “go elsewhere to have their needs satisfied by others”. What happens in practice and what copyright owners try to combat is that consumers instead... | An important error made by policymakers in grasping the role of copyright in the world of digital abundance is the failure to appreciate that the underlying issue is pricing, not technology. Technology creates new consumer expectations about markets; those expectations can either be met – in which case copyright owners... | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 39 [My Comments] It is always a pleasure to see famed libertarians quoted by someone who openly calls himself a “left-wing guy”. The purpose, of course, is to be perceived as someone balanced and objective. Consumers are not king in one very important aspect. While they can dictate what should be produced and in... | As Ludwig von Mises pointed out, “producers do not produce tor their own consumption but for the market.” Content is not king, consumers are: “The real bosses … are the consumers. They, by their buying and by their abstention from buying, … determine what should be produced and in what quantity and quality.” | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 41 [My Comments] And the only reason this happened was because of resistance of lobbies supporting free and unrestricted unauthorized use of works on the Internet. The only way to deal with such resistance was to use existing laws to combat emerging problems. It took many years before the “making available” righ... | Unfortunately, through mistaken interpretations of the noun “copy,” the reproduction right has been wildly expanded in many countries, particularly the United States, to include transitory acts such as buffering, caching, or non-consumable versions that are necessitated by the automatic operation of computers or other ... | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 43 [My Comments] And nothing has changed. Copyright has always been (and rightfully so) about control and access. There have been thousands of license agreements where one licensee would receive a license to reproduce songs on vinyl, while another licensee would receive a license to reproduce the same songs on t... | In an effort to create scarcity in the digital environment, copyright owners have obtained rights that give them the power to regulate technologies developed by third parties and to control access to their works. Neither of these rights previously existed. Previously, the copyright laws were technology neutral: They di... | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 47 [My Comments] Welcome to Soviet Union, comrade Patry. This is exactly the framework that existed in the Soviet Civil Code of 1964. According to s. 479 of this pinnacle of legal socialist thought, an author had the right (a) to publish, reproduce and distribute his work in any manner permitted by law under his... | A new structure must provide twenty-first-century solutions to getting authors paid and giving the public access to their creations. This will involve in many (but certainly not all) cases changing the fundamental nature of copyright from a grant of exclusive rights into a right of remuneration: a right to be paid thro... | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 59 [My Comments] Oh, what contempt for free market! Free market is nothing but an indicator of willingness of consumers to obtain goods or services on certain conditions. If nobody wants to buy a certain book at a certain price, no copyright will (or should) help the author. All copyright does, like any property... | Copyright laws have, in practice, functioned as a way for government officials to placate authors, artists, and performers with the promise of monetary rewards, while throwing them on the mercy of the free market. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 59 [My Comments] And this is really at the heart of the problem that Patry does not see the moral case of copyright law. It has nothing to do with economic evidence, it has nothing to do with fair remuneration, it has nothing to do with technological measures. The only thing that matters is whether we want to tr... | Since Mr. Burnham could not challenge any of the empirical conclusions in the Gowers report, he instead relied on a previously unarticulated and undefined “moral case at the heart of copyright law.” We are truly at sea if our laws are to be enacted according to a moral case espoused in the face of unchallenged economic... | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 67 [My Comments] Using the same logic, if I rob a bank and spend all the money I stole in mom-and-pop stores in my neighbourhood, there is no loss. These expenditures will generate tax revenue, new jobs, infrastructural elements, and the range of other goods… No wonder socialists love redistribution of wealth. O... | Within a given economy, the piracy of domestic goods is a transfer of income, not a loss. Money saved by consumers or businesses on CDs, DVDs, or software will not disappear, but rather be spent on other things – housing, food, or other entertainment, or other business expenses, and so on. These expenditures, in turn w... | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 69 [My Comments] That’s what I mean when I say that I respect comrade Patry for his honesty. Indeed, isn’t this a great thing that someone who creates something has less money, while those who steal it from him have more money? Great equation! [Quote from Patry’s book] | Even if record labels make less money from the increase in sales of digital singles than they did from the peak year of CD sales (an unfair comparison in any event), the difference is a positive social benefit: Consumers are now able to spend money on what they do want and not on what they don’t. Record labels may have... | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 75 [My Comments] Patry makes a valid point here, and this is a big problem with most supporters of stronger copyright laws. These three objectives on the surface seem like good reasons for having copyright laws, but as Patry brilliantly does in his book, they turn out to be shallow, because indeed, copyright doe... | Laws are effective only if they do what we want them to. What do we want copyright laws to do? The most popular things policymakers say copyright laws should do are (1) provide incentives for authors to create works they would not create in the absence of that incentive; (2) provide the public with access to those work... | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 76 [My Comments] My answer to that is, again,– so what! Having the ability to charge monopoly prices for a particular work does not guarantee (as Patry himself argues in the same book) commercial success. If nobody wants to pay the monopoly price, the copyright owner either lowers the price or fails. No one is e... | …granting rights to one group of authors places them at odds with later authors who want to build on their predecessors’ works to create new works; granting exclusive rights to copyright owners gives them the ability to protect their investment, but it also gives them the ability to charge monopoly prices and restrict ... | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 78 [My Comments] The Soviet administrative system has, of course, done a much better job of figuring out how many poems and cantatas proletarians required in each specific 5-year plan. [Quote from Patry’s book] | There is no substitute for the hard work of figuring out the complexities of creativity, including the very different markets for different types of works and the different cultural approaches taken around the world. It is not enough to say the free market will figure it out so we don’t have to. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 80 [My Comments] Excuse me? Outsourcing the heritage to the private sector? Wasn’t it the private sector that created the heritage? To say we are outsourcing something to the private sector implies that those doing the outsourcing are not in the private sector. I know that Mr. Patry declares consistently that hi... | Whether intentionally or not, this legalistic approach to the nature of creativity results in outsourcing our cultural heritage to the private sector. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 80 [My Comments] Here is a very simple answer why copyright laws tend to help superstars: people like to buy the stuff that superstars produce, that’s why they are called superstars. There is no value in subsidising artists that nobody wants to listen to, whether or not this creates diverse works by diverse memb... | I shall now explore why copyright laws have principally helped superstars and distributors. The point of this inquiry is not to argue for the abolition of copyright – something I disfavor – but rather to help create an evidence-based approach to how our copyright laws can work better in practice. Our copyright laws are... | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 89 [My Comments] The gatekeepers have never been hostile to platforms like YouTube as such. They have been (and rightly so) hostile to unauthorized use of their property via such platforms. Big difference there. [Quote from Patry’s book] | The hostility of gatekeepers to platforms like YouTube steins not from the existence of some unauthorized content on them, but rather from such platforms direct challenge to the superstar system. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 90 [My Comments] Even if unauthorized copying indeed results in increased creativity, as I explained above, increasing creativity is not a true purpose of copyright laws. [Quote from Patry’s book] | If policymakers truly want to increase creativity, then they must greatly liberalize the ability of one person to transformatively copy from another. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 94 [My Comments] And most of these instances of copying are not being restricted by existing copyright laws. Moreover, the right of a master to prevent transformative copying of his works by others does not necessarily mean that all of them will exercise such right. Just ask! [Quote from Patry’s book] | Here are some examples of the importance of copying (whether of copyrighted works or not). Children and adults who wish to learn how to play a musical instrument must do so by listening to the sounds their teachers make and then trying to replicate those sounds as closely as possible. Many times you play the same passa... | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 99 [My Comments] And what does this prove? That in a feudal society 150 years before the first real copyright act it was OK for some to create parody masses? Is this the standard we are now striving for? [Quote from Patry’s book] | It has been estimated that by the middle of the sixteenth century, most masses were parody masses. Parody masses did not make fun of the original, but were instead designed to show respect for and appreciation of the original music while simultaneously showing off the second composer’s own skills. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 102 [My Comments] And how do we call the situation when one party to an intimate act feels honored to engage in it, while the other party protests? Again, nothing prevents owners of original content to say yes if someone wants to use it – for transformative purposes or not. [Quote from Patry’s book] | JAY-Z: No, I was actually honored that, you know, someone took the time to mash those records up with Beatles records. I was honored to be on, you know, quote-unquote the same song with the Beatles. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 103 [My Comments] History shows that the world average life expectancy is 67.2 years. Let’s kill everyone who surpasses that age! Just because most authors don’t care to protect their works does not mean that we should disregard the rights of those who do care. [Quote from Patry’s book] | HISTORY SHOWS COPYRIGHT PROTECTION HAS BEEN RELATIVELY UNIMPORTANT FOR MOST AUTHORS | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 105 [My Comments] For the vast majority of people, owning one car and a bank account of $100,000 is sufficient. Let’s expropriate the excess from everybody who has more than that! Oh, and by the way, most people don’t need a Buffet R-13 clarinet, either. [Quote from Patry’s book] | …for the vast majority of copyright owners, twenty-eight years is a sufficient period of protection. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 106 [My Comments] Why not? Copyright laws only benefit those for whose benefit they are created. Society should not be a part of that equation other than in the context of abstaining from violating the rights of copyright owners. [Quote from Patry’s book] | The fact that copyright is valuable for only a few doesn’t mean we should abandon copyright. But the fact that copyright has been of limited utility for most people does mean we cannot have wildly expansive laws that benefit the few at the expense of the many. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 113 [My Comments] What greedy bastards! Let’s crucify them as well. What does this have to do with copyright? What purpose other than to ride on the wave of public envy of the rich does this paragraph pursue? If there was shareholder fraud, let shareholders and investors take care of that. If not… [Quote from Pa... | The data is from Warner’s own SEC filings. To sum up, since 2005, Warner Music Group lost $429 million while these two executives alone made $83.8 million. The year 2005 is important as a milestone because the company was taken public in that year, but right before it was made public, the investors, which included Mr. ... | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 124 [My Comments] Copyright owners are not begging for favours from the government, they are demanding the government to help them enforce their right to control what they create or invest in. Just because historically copyright laws have been in the form of government grants, does not mean that we should keep p... | If it is true that the UK creative industries outperform all other European countries and are at the center of the UK economy …, why would those industries need government help, and why would they need even stronger laws since there is no correlation between stronger copyright laws and better economic performance. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 127 [My Comments] Again, Patry is correct here. We should be honest about it and abandon the reasoning that we protect creators’ right to control their works because it furthers creativity. We do it because taking by force something that isn’t ours is wrong. [Quote from Patry’s book] | The point is that the need to have some level of protection cannot support current claims that we need a very high and ever-increasing level of protection. Those levels have nothing to do with furthering creativity, and we should be honest about that. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 128 [My Comments] No, thank you. I don’t want the government to use my money to encourage creativity that does not benefit me, otherwise I would be encouraging it by paying for the use of the results of such creativity. And again, why such contempt for the private sector? [Quote from Patry’s book] | If we want more creative works and more knowledgeable citizens, we will have to disassociate these goals from commodity markets, and focus on why people create and learn. We must then be willing to commit public monies to their encouragement where market forces have proved inadequate to the task. While there are many w... | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 139 [My Comments] And this is the proper way to deal with what copyright is all about. Just as a farmer has an absolute right to decide what to do with the steak he makes from his cow, an author has an absolute right to decide what to do with a book he writes. [Quote from Patry’s book] | Despite all the flaws in the balance metaphor, at least it is premised on the existence of competing, valid interests. For this reason, it has fallen out of favor with those who wish to exercise total control over all uses, regardless of how trivial, and regardless of the lack of any economic harm from those uses. The ... | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 140 [My Comments] While historically copyright was established as a privilege granted by the Queen to booksellers, remember we agreed to rewrite copyright law the way it should be, not the way it is or had been. In a situation when free people have a limited government that doesn’t force the citizens into submis... | By contrast, when a government is bestowing a privilege rather than enforcing a property right, the onus of establishing entitlement to the privilege is on the person seeking it. Copyright is a privilege granted by governments on everyone’s behalf. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 141 [My Comments] Compare this to: “While women like to portray this as a legal problem – a problem of rape – the problem is a relationships problem, arising from the continual failure of rape victims to respond and adapt to desires of rapists that drive the demand for carnal relations.” Markets may change, dema... | While copyright owners like to portray this as a legal problem – a problem of piracy – the problem is a market problem, arising from the continual failure of copyright owners to respond and adapt to changing markets and the technologies that drive consumer demand. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 142 [My Comments] Compare this to: “The contingent of consenting women is simply failing to meet consumer demand. Denying men what they want cannot succeed as a business model, and no law can save women who refuse rapists’ demands. The problem is as old as it is ignored” I warned you, I love this metaphor… [Quot... | “…The [lawful] content market… is simply failing to meet consumer demand.” Denying consumers what they want cannot succeed as a business model, and no law can save copyright owners who refuse to satisfy consumer demand. The problem is as old as it is ignored. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 143 [My Comments] A sure way to become popular these days is to make the following statement, “In the unhealthy model, women don’t respond to men’s demands, acting like ostriches, they expect that their refusal to fulfill men’s demands means that they wouldn’t be forced into it. They are shocked, shocked, shocke... | In the unhealthy model, copyright owners don’t respond to consumer demand; acting like ostriches, they expect that their refusal to fulfill the market demand means that no one else will. They are shocked, shocked, shocked! when unauthorized supply sources crop up. They then insist that the courts and legislatures prote... | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 155 [My Comments] Talk about strawmen… I am not aware of a single person who has ever advocated for any such laws. Whether copyright owners are capable of generating sustainable revenues is not the issue; whether they can defend their right to decide how their property is used, is. [Quote from Patry’s book] | Cold, economic facts of life cannot be changed by laws. Laws cannot make advertisers place ads where they don’t want to and laws cannot create audience share. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 157 [My Comments] Here Patry knowingly diffuses three instances of “free” – (1) when copyright owners allow the use of their works for free; (2) when others make their own, other, works available for free; and (3) when someone is making works owned by somebody else available to the public for free and against th... | You Can Compete with “Free” | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 160 [My Comments] Feel free to build upon the rape metaphor. I only have one question to ask Mr. Patry – “good profits and correct pricing” in whose opinion? [Quote from Patry’s book] | The Hulu, and BitTorrent data show that contrary to received wisdom, the solution is not more laws, but more authorized content, at correct pricing, and in forms that are the most useful and convenient to consumers. Copyright owners will never be able to eliminate piracy, but they can effectively compete with it and ma... | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 163 [My Comments] Another half-truth here. Copyright is about control, but control is not always about money. If we allow copyright owners to exercise all the control that they are looking for, one of the two things will happen: if they are happy with the results that it brings, it will be the end of the discuss... | Under the Mt. Sinai approach, copyright = control = money. Law is therefore the necessary first step in this control equation; the coercive power provided by law is, for too many in the copyright industries, not external to their businesses, it is their business model. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 166 [My Comments] Laws against murder do not stop murderers from murdering people. Granted, copyright infringement is a massively more popular violation of individual rights, which is not surprising, given open calls to legalize unauthorized use of something that belongs to somebody else under the false pretence... | The belief that legislatures can force the public to obey copyright laws the public disagrees with is a fundamental error. Such laws are not just ineffective; copyright owners mistakenly on them as a substitute for responding to market demand. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 166 [My Comments] This is a direct contradiction. In the first sentence Patry correctly states that the law is not the solution to bad business models. In the sentence that follows he advocates for the adoption of laws that would force copyright owners to adopt whatever it is that Patry considers “good” business... | Only good business models, and never law, are the solution to bad business models. There is only one way to get people to obey copyright laws, and that is to have copyright laws that support good business models. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 174 [My Comments] This, ladies and gentlemen, is the true road to serfdom so skilfully referred to by comrade Patry in his book. His only concern is to have copyright laws give as little to the creators as possible to ensure that they continue to lay golden eggs to benefit the society in the long run. Collectivi... | At the same time, calls for abolishing copyright laws ignore that there is a need to prevent unauthorized, non-socially useful conduct that is individually beneficial to members of the public in the short term (in the sense of not paying), but which is harmful to society in the long term (by killing the goose that lays... | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 176 [My Comments] No, it is a sure sign that we have become a society of people who feel entitled to use others as slaves – whether it is through progressive taxation or through unauthorized use of intellectual property. [Quote from Patry’s book] | Laws that are out of step with the needs of society must be changed. When we don’t change them – as we have not with our copyright laws – there is massive disobedience. Characterizing wide segments of the populations as thieves and criminals is a sure sign a system of laws has failed. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 177 [My Comments] This is correct, and yes, this is the only thing that copyright laws are supposed to protect. They are not supposed to ensure wealth or popularity. They are merely a tool to allow creators and subsequent copyright owners to offer an intangible product to the market. [Quote from Patry’s book] | The central element in copyright ideology is exclusivity. Copyright owners are said to be granted “exclusive rights,” the essence of which is the ability to exclude, to be able to say no to anyone who wants to use your work, the ability to say no for a good reason, for a bad reason, or for no reason; the ability to att... | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 178 [My Comments] And you know what? There are many people who believe that speed limits, the seat belt requirements, mandatory insurance and vehicle registration are nothing more than unlawful usurpation of power by the government. [Quote from Patry’s book] | If I own my car, I will be protected in that ownership against theft, but the State can still tell me what speeds to drive, to wear a seatbelt, to have insurance, and to register the car with the motor vehicle department and pay fees for that registration. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 179 [My Comments] Welcome to Soviet copyright law, comrades! Let us have the government figure out how to compensate authors for unauthorized use of their works through digital formats. The government is so efficient, everything is going to be great. Keep walking, nothing to see here… [Quote from Patry’s book] | Regrettably, currently both authors and the public are ill served by our current laws: authors go unpaid for many legally compensable uses, while many uses that should not be compensated for are the subject of claims by copyright owners. What are the reasons for this unhappy state of affairs? In the case of uncompensat... | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 179 [My Comments] Says who? If the author is willing to compromise his ability to pay the bills in favour of being able to control the use of his works, who are we to thwart it? And if the author wants to get paid when the public is not willing to pay for the use of his works, who are we to use taxpayers’ money ... | Insisting on control, insisting on the ability to always say no, insisting that “it’s my property and everyone who uses my work without my permission is a thief,” may make one feel self-righteous, but it won’t pay the bills. A right of remuneration, not the ability to say no to things you can’t control anyway, must be ... | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 184 [My Comments] This principle is usually called “mob rule”. May I ask, who comrade Patry proposes to form the politburo of policymakers to teach the dysfunctional music industry midgets how to run their shabby establishments? This darn private sector again. Let’s have a global state-run recording corporation!... | The music industry family is fatally dysfunctional; policymakers have to step in and lead. Leading means making decisions that some people or even many people don’t like, but which are necessary for the good of all. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 188 [My Comments] The indignation is clear here. What contractual freedom? For these little people in the private sector? Our macroeconomists will be able to set the fair remuneration for each kind of use and these pesky copyright owners should sit down and shut up. That makes sense… [Quote from Patry’s book] | Yet, the Commission proposes to prevent these goals from ever being accomplished by adding, “such solutions should preserve the contractual treedom of right holders. Right holders would not be obliged to license for all European territories, but would remain free to restrict their licenses to certain territories and to... | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 197 [My Comments] I argue that because copyright is property, the protection should be perpetual as long as the owner takes steps to inform others of his intentions to protect it. I will deal with the requirement for formalities below. [Quote from Patry’s book] | How Long Should Copyright Last? So how long is long enough? If one approaches the question ideologically, the only answers are ideological and as such can never provide a satisfactory answer to those who do not share the ideology. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 199 [My Comments] And no one does. The term of protection (just as the protection itself) is not about incentivising creativity, it’s about recognizing the right of the creator to deal with the results of their work as they please. [Quote from Patry’s book] | The argument is that the author will calculate in 2011 that a copyright that lasts until 2101 is not a sufficient incentive to create, and that only if copyright lasts until 2121 will he or she create in 2011. No one should believe that. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 205 [My Comments] And this is the only Patry’s proposal with which I wholeheartedly agree. There are indeed millions of works that their owners don’t care to protect or capitalize on. If the creators expect the courts to enforce their rights against all kinds of unauthorized uses, it is only fair to ensure that ... | The way to resolve this problem is through mandatory use of formalities that require copyright owners to take steps to affirm their continued desire to claim their rights, principally the requirement that the copyright owner file a document with a government agency expressing a continued interest in the work. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 212 [My Comments] Fair use is indeed a necessary part of the overall design, but only as a limited departure from the grand conception of the copyright monopoly. This is why it’s about exceptions from the general rule that no one should use protected works without permission. There is nothing wrong with fair use... | Quoting Judge Leval: “ Fair use should not be considered a bizarre, occasionally tolerated departure from the grand conception of the copyright monopoly. To the contrary, it is a necessary part of the overall design.” | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 214 [My Comments] So suddenly now Mr. Patry is not a fan of Soviet-planned economies? How about trying to rewrite the whole copyright system based on some policymaker’s understanding of what a good business model is? The great advantage of European approach to exceptions from copyright is predictability. The gre... | Straitjackets consist of narrow lists (such as those contained in the EU’s Information Society Directive), drawn up by government officials, of the few types of unlicensed creativity that are permitted. The idea that government officials can effectively formulate and execute a creativity centralized command system in w... | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 221 [My Comments] Excuse me, didn’t you just write that there is no correlation between stronger copyright laws and better economic performance? Intellectual property laws are important but is there maybe some other factors that give U.S. companies a market advantage? [Quote from Patry’s book] | There is, however, a very sharp divide between the flexibility found in the United States and the top-down straitjacket imposed by European Union directives. That divide greatly inhibits creativity and innovation in the EU and therefore U.S. companies a distinct advantage. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 223 [My Comments] You can’t have it both ways. On the one hand, it is true that one cannot expect the legislatures to think of all of possible uses. On the other hand, this is what Patry is advocating when he suggests that different sorts of works should have different terms of protection, carefully designed to ... | Closed lists must be regularly updated on the penalty of crushing technological or market innovations: no legislature, no matter how careful or insightful, can think of all current uses, much less think of uses, technologies, or markets that are not yet existence. In the past, technologies and therefore business models... | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 227 [My Comments] Cannot it be both? Laws against theft are a means to socially desirable behaviour, yet they are based on who has a right. You cannot sculpt social behaviour or have flexible legal principles unless it is based on some underlying reason. [Quote from Patry’s book] | Copyright laws are not an end in themselves, but rather a means to socially desirable behavior. Focusing on behavior rather than on who has a right or an entitlement will go a long way toward making our copyright laws effective. Adopting dynamic, flexible legal principles that can quickly respond to changes in behavior... | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 228 [My Comments] Let us not forget, the public would not have access to the works, unless such works are created by the authors. This is not to bolster the argument that copyright laws increase creativity. This is to say that after the works have been created, there is no reason why anybody should expect to be ... | By phrasing the discussion as one in which the “private” rights of authors are deemed the default rule, the public’s interest is cast as an unnatural and unwelcome “limit” on or “exception” to the desired natural state of affairs. Copyright owners are alleged to have unfettered rights in their works, even if by copyrig... | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 228 [My Comments] Again, if we are discussing what copyright should be, it is irrelevant what it is or has been. Regardless of what it is or has been, copyright should be a property right, because it protects something that does not exist but for the work of a creative mind. Just like there is property in items ... | Copyright is not and has never been a property right. Copyright laws are regulations created by governments to further broad societal goals. Those goals are pragmatic, not ideological, and as pragmatic, they accord certain privileges given to copyright owners, and certain privileges given to the public. There is no bas... | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 229 [My Comments] The end justifies the means, right? To each according to his needs, from each according to his abilities… [Quote from Patry’s book] | We must accept that no one has rights, but that everyone has obligations, to each other, and to the common good. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 229 [My Comments] A general transformative use exception was also a part of the Soviet copyright law – and with the same excuse: to ensure the most benefits to the “society”. Transformative works are important for our culture, but they should not be necessarily unauthorized. Just because I can take good photogra... | Sometimes that means giving one set of authors the right to stop other authors from doing unauthorized acts with copyrighted works. Sometimes that means giving the latter group of authors the right to do things with copyrighted works without permission or payment to the first set of authors. When this latter event occu... | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 238 [My Comments] Delegation of power? You cannot delegate that what you do not have. Since when do the governments have the right “to determine when and how new services may be offered to the public, including the features contained in consumer electronic goods”? Government supervision in protecting something t... | In an irresponsible delegation of power, governments throughout the world have vested in large, multinational media companies and their trade associations, the ability to determine when and how new services may be offered to the public, including the features contained in consumer electronic goods. This delegation occu... | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 258 [My Comments] Yet you can compete with free? Submitting to a racketeer’s demands who offers protection for a payoff can also be called a business model, but is it really? It is clear that if it is equally convenient and safe to buy a CD at a fraction of the price at which it is being legitimately offered, mo... | Pirate CDs were, however, priced closer to the comparative cost of living, but still not equivalent. Where an Indian consumer was presented with the choice of buying the CD at the equivalent of US$385 (CPP) for the authorized copy, or US$54 for the unauthorized CD, the choice was clear. | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 259 [My Comments] And that is the core distinction between IP-heavy industries of the developed countries and labour-intensive industries of the developing countries. Added value is not created by hard work alone. Unlike what Karl Marx would have you believe, there is no inherent value of labour. It only costs a... | As then-President Lula da Silva observed, “For the right to use one copy of Office plus Windows for one year or a year and a half, until the next upgrade, we have to till the earth, plant, harvest, and export to international markets that much soy. When I explain this to the fanners, they go nuts.” | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
a1783559_Soviet_Union___Mincov_Law_Blog__Quote_from_Patry_s_book | [Page] 262 [My Comments] How about the principled approach? Why is it OK to go after a small number of infringers but it is not OK to go after a large number of infringers doing the same thing? While it may be a good business model for copyright owners to support the good guys by providing reasonably priced, convenient... | Going after the very small number of those who are doing most of the harm is entirely justified. What is unjustified are heavy-handed techniques against the mass of the population, whether through three-strikes-and-you’re-out approaches, or threats of lawsuits with crippling penalties. Copyright owners have all the too... | [] | How Not To Fix Copyright - My Response to William Patry - Socialist copyright law - Soviet Union | Mincov Law Blog | Quote from Patry’s book | http://iplitigationvancouver.info/blog-post/how_not_to_fix_copyright | 39/1438043062723.96_20150728002422-00138-ip-10-236-191-2_127137818_7.json |
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... | Plugins | sfSimpleCMSPlugin | 0.7.2 | symfony | Web PHP Framework | API | http://www.symfony-project.org/plugins/sfSimpleCMSPlugin/0_7_2 | 39/1438042989126.22_20150728002309-00006-ip-10-236-191-2_739529877_4.json |
63e10706_OIT_Services__Service | [Description] OIT provides 24x7 assistance for technology related issues. [User Group] Students, Faculty Staff [Service] | Help Desk | [] | OIT Services | Service | http://jenny.darroch@cgu.edu/pages/9244.asp | 39/1438042989126.22_20150728002309-00080-ip-10-236-191-2_125381568_2.json |
63e10706_OIT_Services__Service | [Description] OIT provides the Microsoft Exchange email system for faculty, staff and students to support academic and personal communication requirements. The standard format for a CGU email address is "firstname.lastname@cgu.edu". [User Group] Students, Faculty, Staff [Service] | Email | [] | OIT Services | Service | http://jenny.darroch@cgu.edu/pages/9244.asp | 39/1438042989126.22_20150728002309-00080-ip-10-236-191-2_125381568_2.json |
63e10706_OIT_Services__Service | [Description] OIT provides wireless networking for those who wish to use their laptops while on campus. Note: If you are having problems connecting to the wireless network in the Library, please contact the Library staff for assistance. [User Group] Students, Faculty, Staff [Service] | Wireless Connectivity | [] | OIT Services | Service | http://jenny.darroch@cgu.edu/pages/9244.asp | 39/1438042989126.22_20150728002309-00080-ip-10-236-191-2_125381568_2.json |
63e10706_OIT_Services__Service | [Description] This gateway allows students to maintain their contact information, register for classes, view unofficial transcripts, and pay tuition bills. [User Group] Students [Service] | Student Portal | [] | OIT Services | Service | http://jenny.darroch@cgu.edu/pages/9244.asp | 39/1438042989126.22_20150728002309-00080-ip-10-236-191-2_125381568_2.json |
63e10706_OIT_Services__Service | [Description] OIT maintains several computer labs for students, faculty, and staff. [User Group] Students, Faculty Staff [Service] | Computer Labs | [] | OIT Services | Service | http://jenny.darroch@cgu.edu/pages/9244.asp | 39/1438042989126.22_20150728002309-00080-ip-10-236-191-2_125381568_2.json |
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