[pp.int.general] 3-step usage rights / forced licensing model

Pasi Palmulehto scoffer at kofeiini.riippuvuus.net
Tue Nov 3 15:38:33 CET 2009


> Personally, iI've never liked 5 years, it's short enough that lawyers
> negotiations (which can already last 1.5-2 years) can just be
> extended, and they get to the point where they say 'no, sorry'.
> Myself, I favour a 14+14 term. 14 automatic, with an expensive option
> to register for one 14 year extension, with a national government-run
> database. Or maybe then a 5+9+14. The 5 automatic, but with a
> lower-cost 9 year extension, and a longer 14. It gives creators long
> enough to deal with lawyers without the timebomb of expiry it also
> deals with the problems of restrictions on works deemed by their
> owners to be non-commercially viable, but later bought up in a job
> lot, and resurrected. It deals with the main issues our critics have,
> and should be a good first step, as it deals with the reduction we're
> aiming for. The minority of works deemed non-commercially viable are
> freed, the other works have the rightsholders clearly identified
> (which can be a problem right now), the overall term is shorter (under
> that proposal, all works from 1982 would be PD no matter what as of
> the end of next month). To me, it addresses EVERY argument our
> opposition can make with reasonable answers and positions, without any
> need to get preachy, philosophical, theoretical or pseudo-religious,
> which will be the key to success - dealing with the common person in
> terms they can understand.

The problem with such long extensions comes specially with research
studies. All information what can help the whole society, should be free
as fast as it's possible - still giving chance to benefit from creating
it in first place. Basically the 3-step idea would give automatic 5-year
protection and optional 20 year commercial protection in exchange for
using the information freely as possible. That is something I consider
very important. I think a research, code or book what benefits everyone
should be on as many hands as possible as soon as possible. 

Am I missing something on lawyer negotiations problem? If someone breaks
another person/company rights and it goes to court, no matter if it
takes ten years, the judgement and amount of penalty to pay will be
decided on the time it has happened, not that it could get old and
vanish in meanwhile.

-- 
Pasi "Scoffa" Palmulehto
Leader of Finnish Pirate Party



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