[pp.int.general] where is the manifesto?

[Reinier Bakels]

you are making progress. well, "intellectual property" indeed is a misnomer, as kohler already said (1849-1919, you remember?). it suggests a similarity that does not exist - in the early 1800s the false connection was deliberately made in order to piggy-back on the achievements of the french revolution (1789). it is a lie.

some thing else is that a copyright, ONCE AND TO THE EXTENT it is recognised, can not be taken away later (without compensation), because it is considered "property" (NOT: intellectual property!) under the ECHR, the German "GG" constitution and various other regulations. As such, copyright fits into the system of private law. One may for instance pawn a copyright. So it MUST retain its value, otherwise the pawn is worthless.

one may wonder whether it is appropriate that copyright can be transferred (assigned), which is a prereq to make such schemes work. (well actually, in germany copyright can not be assigned, but a comprehensive exclusive licence virtually has the same effect - except for the moral rights).

yet anothe question is what conditions mus be fulfilled for copyright licencing and assignment. while some countries have no copyright contract law at all (like NL), others have. It is like labour law: the "default" of freedom of contract is amended, recognising that one party (usually) has a weaker position. natural person-authors usually have.

happy christmas!      

Groeten, Grüße, Regards, Cordialement, Hälsningar, Ciao, Saygilar, Üdvözlettel, Pozdrowienia, Kumusta, Adios, Oan't sjen, Ave, Doei, Yassou, Yoroshiku, Slán, Vinarliga, Kær Kveðja
>>> REINIER B. BAKELS PhD LL.M. MSc
private: Johan Willem Frisostraat 149, 2713 CC Zoetermeer, The Netherlands telephone: +31 79 316 3126, GSM ("Handy") +31 6 4988 6490,  fax +31 79 316 7221
  ----- Original Message ----- 
  From: Carlos Ayala Vargas 
  To: Pirate Parties International -- General Talk 
  Sent: Thursday, December 25, 2008 3:57 PM
  Subject: Re: [pp.int.general] where is the manifesto?


  Reinier Bakels wrote: 
    There is a stream in literature that defends (broad) copyright on a philosophy that equates "intellectual property" more or less to real property (eventually based on the philosphy of Locke). Needless to say that the PP movement disagrees with such ideas.
  As far as I know, PPI simply rejects the intellectual pro...whatever concept; talking about intellectual property automatically -and falsely- binds author's rights with private property. As RMS stated some time ago, the first step to be made is to abandon the language trap, prior to abandon the legal trap -i.e., prior to making legal changes-.

  As Jorge Machado points out, we are against the contradictory concept of intellectual property, but we recognise the moral -and material (though very restricted in time and scope), e.g., according to PIRATA, Piratpartiet ("A five years copyright term for commercial use is more than enough. Non-commercial use should be free from day one") and other pirate parties platforms- rights of the authors; as simple as it is.


                                                                                                   Carlos Ayala
                                                                                                   ( Aiarakoa )

                                                                           Partido Pirata National Board's Chairman 


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