[pp.int.general] where is the manifesto?
r.bakels at pr.unimaas.nl
Mon Dec 29 02:26:50 CET 2008
Would you think that commercial rights, then, have to be property rights? You say yes, I say no. You say why, I say I do know:
Strictly speaking, "commercial rights" afaik is no legal concept. Eventually the logic of the system says it all: the goverment can not take away something that represents money, either by expropriation or by a change of law that pertains to existing rights. That makes it a property right,whatever words are used.
Well, this is what I meant above. You just don't believe me. Assume youare right. Then that iseven more a reason not to believe my explanation on the property rights concept ...
- if intellectual works are not appropriable, thus not any sort of properties, I don't want them to be associated in any way to the property concept
A fine illustration are the moral rights existing today. Moral rights can not by transferred (almost by definition), so they can not be sold and thus do not represent property rights. The purpose of moral rights is - in short - the right of the author to prevent his work from being damaged. But the other aspect of copyright, the exploitation right, serves to make money (that's why it is called exploitation right). So depriving someone from this right leads to a potential financial loss.
In countries with a so-called monistic system like Germany, neither the moral nor theexploitation right can be transferred ("assigned"), while with a dualistic system (such as in NL), the exploitation right (including the right to grant licences) can be transferred, while the autthor keeps the moral right. But in practice the difference is minor. I deliberately refrained from publishing in a German professional magazine because the editor would not have allowed me to publish my article on the internet. Logically the publisher gets the first right for publication, but not the exclusive right afterwards. (For completeness, I don't get any money for such publications!)
- furthermore, I want to avoid it because I want to avoid giving arguments to the lobbies
If that means making commercial rights untransferable -i.e., just licensable, so author would remain as the rightholder-, if that means searching -to avoid inheritance of commercial rights in case the author dies prior to their expiracy- alternatives to give the authors "an adequate standard of living", I'll work to define commercial rights in a manner that, when property lays somewhere, they lay in the opposite part of the legal universe.
( Aiarakoa )
Partido Pirata National Board's Chairman
Pirate Parties International - General Talk
pp.international.general at lists.pirateweb.net
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