[pp.int.general] trademarks

Patrick Maechler v/o Valio pirate at valio.ch
Sat Apr 10 17:01:09 CEST 2010


Just as any other form of monopolies on ideal objects trademark laws
create a form of artificial scarcity that is impossible to justify on
moral grounds; just as any other exaggeration on legislation on ideal
objects it's fairly easy to see that an exaggeration of it never will
serve an overall public interest (e.g. do a Google search on "edge
games"). So trademark laws themselves are completely arbitrary and
difficult to justify in the current form to serve to a public interest.
If you sell me an imitated Rolex watch without indicating that to me
that it's not an original, you are violating my moral rights, not those
of Rolex. But there will be never any moral justification for Rolex to
confiscate an imitated Rolex watch that I import, no matter whether I
was aware or unaware of that before.

To me the idea of identity of subjects is rather arbitrary concept
created by our minds that were born into western societies, but which
may serve a purpose in the society itself. I see trademark laws as an
effort to apply this concept to non-aware objects and transferring the
associated rights to subjects that claim to own the respective identity
concept. Therefor to me that application can't be anything but spoiled
and that trademark laws are overall a bad idea.

- pat


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