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

Pasi Palmulehto scoffer at kofeiini.riippuvuus.net
Tue Nov 3 15:58:10 CET 2009


> > 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)

Ah, sorry, I misunderstood.

You have a correct thinking there, it takes some time. Two things come
in to my mind directly.

a) Negotiations can be started before work is published. I've always
stressed countdown should start from publishing the work.

b) Databank could include possibility to offer price for others to use
work. Of course this would still require approval from the one who's
holding the protection at the time.

c) Speeding up the negotiations might be benefit for everyone (except to
lawyers paid of work hours). It is pretty useless to waste such time on
negotiations and for companies publishing new work all the time, the
contract most likely is going to be for all works, not just single one.
Use of single one should not be so slow if it's wanted.

Music and movies probably would do just fine with even a bit longer
protection times, but there are useful information that needs to be
available faster and so far I don't really get excited of separating
rights and protections depending on usefulness.

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



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