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

[Andrew Norton]

On Tue, Nov 3, 2009 at 9:38 AM, Pasi Palmulehto
<scoffer at kofeiini.riippuvuus.net> wrote:
>> 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.

We're not talking about after they've brokn the rights, we're talking
the negotiations to use them in the fisrt place. If it takes 6 months
to get an interest going, and 1.5-2 years, of negotiations ,then
there's only a 2-3 year window to do anything with, at that point,
they might as wel just wait those extra 2-3 years and do it for free,
thats the problem with such a short term (and yes, I've seen and been
involved with a fair few negotiations that have taken that long)

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