Bonum Certa Men Certa

Another Cautionary Note: Nicolas Sarkozy

Identifying foes of Free software...

For those who forgot, the French President has been doing a lot of legwork for Microsoft and their partners in the media industry. We mentioned this more recently, but a couple of references are worth repeating. The first one is about the president's seemingly healthy affairs with Microsoft, namely:

Sarkozy and his family have been vacationing at a lakefront estate in Wolfeboro owned by former Microsoft Corp. executive Michael Appe.


Here is a recent change of law that was proposed (taxing the Internet).

French president Nicolas Sarkozy wants to ban advertising on public television and replace the income stream with a tax on mobile phones and Internet accounts. "Our national television must provide quality and access to culture; it must not be shaped solely by commercial considerations," said Sarkozy in Paris on Tuesday.


And another.

What this neglects to take into account is the fact that falling into the public domain is a gain for the public - and hence the actual moment when it becomes part of the "national pop heritage" - and that the gain vastly outweighs any minimal effect it has on ageing rockers' royalties.


The actual news comes from the following blog. It suggests that Sarkozy's copyrights crusade shows no signs of abatement.

The support for Commissioner McCreevy came from the French President Nicolas Sarkozy. Soon after taking office, he set up a commission, led by the head of the major retail chain FNAC, to look into copyright and the creative industries. Alongside recommendations on ISP responsibility, the commission proposed extending copyright and this will be on the agenda when the French Government assumes the Presidency of the European Union in July this year.


For those wondering how this relates to this Web site, consider the strong relationship between copyrights and patent laws. The two are very different, but the term "intellectual property" strives to have them assimilated. TechDirt has published a good new essay against intellectual property, which is claims cannot really exist.

The main reason why I have trouble with the "property" part isn't just the fact that it leads people to try to pretend it's just like tangible property, but because it automatically biases how people think about the concept.


Here is another good analogy. [via Glyn Moody]

Copyright maximalists love to draw parallels between property rights and copyrights. But if we take that analogy seriously, I think it actually leads in some places that they aren't going to like. Our property rights system was not created by Congressional (or state legislative) fiat. Property rights in land is an organic, bottom up exercize. The job of government isn't to dictate what the property system should look like, but to formalize and reinforce the property arrangements people naturally agree to among themselves.

The fact that our current copyright system is widely ignored and evaded is a sign, I think, that Congress has done a poor job of aligning the copyright system with ordinary individuals' sense of right and wrong. Just as squatters 200 years ago didn't think it was right that they be booted off land they cleared and brought under cultivation in favor of an absentee landowner who had written a check to a distant federal government, so a lot of people feel it's unfair to fine a woman hundreds of thousands of dollars to share a couple of CDs' worth of music. You might believe (as do I) that file sharing is unethical, just as many people believed that squatting was unethical. But at some point, Congress has no choice but to recognize the realities on the ground, just as it did with real property in the 19th century.


Lastly, consider this new piece about it being a lost cause.

The scarcity argument focuses on the efficient use of existing resources. In contrast, the reward argument focuses on the creation of new resources. It says that people will under-produce valuable resources if they aren't allowed to keep what they produce. For example, a farmer is far less likely to plant crops in the spring if he won't be able to prevent others from harvesting them in the fall.


By eradicating the problem (software patents) and identifying barriers -- including people -- progress can finally be made. New laws which strive to illegalise/marginalise Free software can (and should) be eliminated for logical and scientific reasons, not just philosophical or economic ones. The copyrights debate has many parallels we can learn from.

Comments

Recent Techrights' Posts

[Meme] Objective Objection at the EPO
No more quality control
EPO Staff Explains Why It Cannot Issue EPC-Compliant European Patents (in Other Words, Why Many Fake Patents Get Issued)
chaos inside
Links 24/02/2024: More Sanctions Against BRICS, Software Patents Squashed
Links for the day
Microsoft's Demise on the Server Side Continues Unabated This Month
Netcraft says so
Bonnie B. Dalzell Explains Her Experience With Richard Stallman
new essay
Gemini Links 24/02/2024: OpenBSD Advocacy and Nonfree Firmware Debated
Links for the day
Mark Shuttleworth & Debian Day Volunteer Suicide cover-up
Reprinted with permission from Daniel Pocock
IRC Proceedings: Friday, February 23, 2024
IRC logs for Friday, February 23, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Links 24/02/2024: EA Planning Layoffs and 'Liquor Regulators Are Seeking Revenge on Bars That Broke Pandemic Rules'
Links for the day
Gemini Links 24/02/2024: In Defense of Boilerplate and TinyWM Broke
Links for the day
Microsoft's Pearls of Wisdom: Layoffs Are Growth
Microsoft boss: layoffs are "long-term growth."
[Meme] Hide the Bodies
hiding EPO's role in funding Lukashenko
Josef Kratochvíl and All the European Patent Organisation's Chiefs (at the Administrative Council Too) Notified That Over 1,000 Members of Staff Demand Action on Patent Quality and Compliance (Industry Too is Alarmed That Many Invalid Patents Get Granted)
Huge corruption
Microsoft Lacks a Solid Strategic Plan Other Than Buying Its Own Stock (and Paying Staff in Shares)
Beware and be cautious of bubbles
Debian trademark canceled
Debian trademark canceled
Links 23/02/2024: Feed Aggregator and 2 Years of Invasion, Alexei Navalny’s Mother Blackmailed
Links for the day
Gemini Links 23/02/2024: Getting 'Sick' of Modern Tech and Deletion of One's Reddit Account
Links for the day
Links 23/02/2024: 227 Microsoft Layoffs Noted in Santa Clara and Disaster in Rivian
Links for the day
IRC Proceedings: Thursday, February 22, 2024
IRC logs for Thursday, February 22, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Meme] It's NOT Your PC
losing control of hardware
Microsoft's Chatbot Strategy Resulted in Massive Losses, So Now It's Trying to Reinvent Itself as 'Hardware Company' (Once Again, Years After XBox, KIN, Windows Phone and Surface Failed Miserably)
revenues associated with Windows has fallen sharply
Gemini Links 22/02/2024: Removing Radio Ads and Being Seen on the Internet
Links for the day
Mark Shuttleworth and the Question of Liability (Debian Volunteers He Pressured Before the Suicides)
Humanity for me
Mark Shuttleworth's (MS) Canonical Running Microsoft (MS) Ads, Mischaracterising Mass Surveillance as 'Confidential' (the Usual Lie)
The money talks, so the facts are absent
Ads as 'Articles'
Money buys perception manipulation (or reputation laundering) campaigns
Abraham Raji & Debian, DebConf kayak death: search abandoned, evading liability
Reprinted with permission from Daniel Pocock
Links 22/02/2024: Chatbots Failing 'Big Time' and More Condemnations Appear of Bill Gates
Links for the day
There May be Close to 100,000,000 Laptops and Desktops Running GNU/Linux Around the World in 2024
hard to track the number
Search Engine Market Share Worldwide Shows How Badly Microsoft's Chatbot Strategy (Hopes) and Vapourware Have Failed
Bing, which was marketed as the forefront "product" for chatbots (Microsoft paid the media a lot of money for hype campaigns), gained nothing at Google's expense
[Meme] Demoralising and Putting Down Your Staff
unproductive and dangerous approach
This Week's Letter to António Campinos About Mean-Spirited Line Managers at the European Patent Office (EPO)
Seems like a way to get rid of staff. Some will resign in anger.
Software in the Public Interest (SPI) & Debian obfuscated structure fooled suicide victim's family: the ultimate example of bad faith
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 21, 2024
IRC logs for Wednesday, February 21, 2024
Gemini Links 22/02/2024: What We Pass On and HTTP Header Viewer
Links for the day