Oracle thinks you can copyright a programming language, Google disagrees
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Also, if you could physically write, you could make comfortable living as a scribe.
How many of them could is impossible to estimate. But it's also worth remembering that for everyone who made a living at the by-now traditional, exclusive rights-based approach, there were quite a few wannabes trying to "break in" or "get discovered" by the industry gatekeepers, who weren't making a living at their stuff either.
And this business model really isn't as alien as you might think, many industries require deposits, milestone based payment, etc.
However, despite having been corrupted by greedy entities into a parody of it's original purpose, copyright has undeniably been beneficial to western culture over the past 100 years.
I believe there will be a grand bargain at some point, where citizens will be asked how long a copyright should last for, and an agreement will be reached. "pirating" will become something that is seen as morally wrong by society (at the moment most people see it as "a bit naughty" at worst).
How long it will take for the corporations to give up on copyrights that last more than a human lifetime is difficult to say. It is surprising to me that americans are willing to put up with a system which means that the only video of martin luther kings i have a dream speech will likely never enter the public domain.
Quite the opposite. Society will wake up and realize that sharing information, culture and art is the farthest thing from "morally wrong". Sharing is probably one of, if not the most universally ethical action a human being can undertake. You will be hard pressed to find a culture - modern or historical - where this is not the case.
It is sickening how far the - for a lack of a more appropriate word - propaganda of the copyright industry has twisted society's most basic perception of morality, though I must applaud them for their efficiency in spreading their misguided beliefs.
It is not that we, as humanity, will one day realize that sharing - quite probably the very act that brought us this far - is something evil that needs to be stopped. We will wake up, and realize in disgust how a single industry controlled our shared heritage for almost 5 centuries, and declare that this mistake must not be repeated - that art, culture and information cannot be owned by anyone, and must be free for everyone to access, process and hand on. That will be the day we finally get rid of copyright, of patents, and other forms of nonsensical "Intellectual Property", passing on to our children how this was one of the worst mistakes in our history.
I look forward to that day, and let me say with confidence that we will one day arrive at it. You cannot suppress human nature, just as much as you cannot bring order into chaos.
By the time the copiers did that, and were able to get their copies to America, the authorized copy was already here, and most people who wanted to buy had already bought an authorized copy.
Even for works not in serial form, the authorized release had a big advantage, at least if the author was well known. Most sales occurred fairly soon after publication, and by the time copiers could buy a copy, and get it typeset (remember--this was all done by hand back then!) there weren't a lot of buyers left.
Stephen Breyer, who later went on to become a Justice of the Supreme Court, wrote a famous law review article called "The Uneasy Case for Copyright" where he argued that copyright might be unnecessary because of the market advantage from being first that the author's authorized edition gets. There's more information on this article here: http://en.wikipedia.org/wiki/The_Uneasy_Case_for_Copyright
Subsequent technological advances have pretty much obliterated the basis of that argument. Copying is so fast and easy now that being first gives very little advantage.
In any case, my guess is that the good ones probably still could.
There has grown up in the minds of certain groups in this country the notion that because a man or corporation has made a profit out of the public for a number of years, the government and the courts are charged with the duty of guaranteeing such profit in the future, even in the face of changing circumstances and contrary to public interest. This strange doctrine is not supported by statute or common law. Neither individuals nor corporations have any right to come into court and ask that the clock of history be stopped, or turned back.
-- Life-Line (1939)The makers of horse shoes, sued Henry Ford for putting them out of business. We may laugh at this, but isn't this the same thing we see going on today?
What the few hundred years of IP law have shown is that IP will be abused to perpetuate monopolies and stifle competition and creativity.
The difference is that the reason people put so much value on a Rembrandt is not because they want to look at a nice painting but because of social signaling, and that can't be copied.
Most painters were not Rembrandt, though, and they still made a living even if they didn't provide that signal.
Furthermore the idea that artists aren't motivated by profit is wrong. It is true that unlike -- say investment bankers -- they have intrinsic value for the work they are doing this does not negate the fact that they also want profit.
There is also plenty of evidence that shows historically industries have done better when free of intellectual property. For details see this book by two respected economists that looked into the issue: http://levine.sscnet.ucla.edu/general/intellectual/against.h...
How pharma companies (ab)use patents is a great example, they will patent some drug, and then wait until the patent has almost expired, and then make the slightest modification (sometimes in something as basic as packaging for 'slow release' or whatever) and patent the same thing again.
"To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."
In what way is a programming language a writing or discovery? And, if one could determine it to be such, how does granting exclusive rights to its creator, "promote the Progress of Science and useful Arts?" I would argue that it doesn't, clearly, because it puts us in litigious, fundamentally useless situations like this.
My limited, non-lawyerly, understanding of how this test has actually been used does not bode well for Oracle. The very first time that it was applied was Computer Associates Int. Inc. v. Altai Inc., and Computer Associates lost its infringement case on the basis of the fact that rewriting components to meet the exact same API as an existing program did not constitute copyright infringement.
I would think of a language as an API. Which puts Oracle on what was the losing side of that decision.
http://en.wikipedia.org/wiki/SAS_Institute_lawsuit_with_Worl...
This definition sounds reasonable to me.
The good part about this is that if Oracle tries too hard to retain control, we'll end up with something else: a dead language (and it won't be taught in the Classics department)
Clarification?
(Edit: I see vitno beat me to it.)
um... they don't get any. Look up Loglan vs Lojban.
Will new laws be retroactive? Does this mean the TRUE inventor gets a windfall? Does this mean James Gosling is a trillionaire? Who is awarded the rights of a language when new laws are created to copyright things that were previously not copyrighted? I guess it is he who can afford the most lawyers and the most justice. When previously non copyrighted things are copyrighted, the ownership should go to the parties involved in CREATING the language (gosling and sun micro), not the current holders of the language itself. It's like people are trading copyrights and patents as stocks in a stock market. We are trying to reward the content creators here. Not the lawyers and machine distributing it.
Also, talking about "true inventors" is laughable in our work-for-hire industry.