[pp.int.general] where is the manifesto?
r.bakels at pr.unimaas.nl
Sun Dec 28 18:21:11 CET 2008
----- Original Message -----
From: Carlos Ayala Vargas
To: Pirate Parties International -- General Talk
Sent: Sunday, December 28, 2008 11:49 AM
Subject: Re: [pp.int.general] where is the manifesto?
Reinier Bakels wrote:
The confusion is simple. The term "intellectual property" is WRONG - as is recognised by legal scholars. Some even argue it is a deliberate lie. But "property rights" are something else (Vermögensrechte in German - a perhaps less confusing concept).
Sorry I got lost with that. I mean, while I have clear that you defend to respect the current status of material rights for existing intellectual works -i.e., not allowing retroactiveness-:
- do you defend to reduce term & scope of material rights -also, not considering that intellectual works can be considered in any sense as properties- for new intellectual works?
Yes, if it is about new works, the rights are perhaps reduced in the abstract (i.e. in the legal code) but not concrete rights owned by concrete persons. Here there are perhaps problems with compatibility with TRIPS, Berne and European directives, but property rights are not hurt.
- or you defend to respect the current status of material rights for existing intellectual works, and although dismissing the intellectual pro...whatever expression -and even reducing their material rights term-, considering that intellectual works are some kind of property?
The first half of the sentence is correct. but the boldface text is incorrect, or at least confusing. Yes, some intellectual words are actually considered intellectual works, but not automatically by virtue of their nature as"intellectual works". There is a "closed system": the principle is information freedom, and all exceptions need explicit legal codification: copyright, patents, trademark law, etc.
I think it would be quite important to know it, Reinier.
Hope my answer is clear. And don't kill me if it is not 100% clear, T type this at the CC conference.
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