[free-sklyarov] reasons for restriction of competition

Chris Savage chris.savage at crblaw.com
Mon Aug 20 13:25:33 PDT 2001


>-----Original Message-----
>From: DeBug [mailto:debug at centras.lt]
>Sent: Monday, August 20, 2001 12:04 PM
>To: Chris Savage
>Subject: Re[4]: [free-sklyarov] reasons for restriction of competition
>
>>>You talk about what mass production together with efficiency
>>>can bring. What would happen if all people could have access
>>>to mass production lines. Just imagine automobile factory at
>>>your home.

>>Good question.  I don't know what would happen.

>All people would move from producing goods to creating and
>inventing new ones.

No, they wouldn't.  Creating is hard, and hard to get paid for.  Not
everyone likes it and not everyone is good at it.

>2)
>>>If new product creators were paid IN ADVANCE this would not happen.

>>Fair enough, but you are just moving the problem back one 
>>evel.  Who will pay in advance?

>Government should force people. Yeah, instead of trying to 
>enforce copyrights on people government should collect a tax for
>advancing "useful arts" etc.

I've lived in Washington, D.C. too long, I suppose, but my immediate
reaction is that government would screw that up.  How would the government
know which folks to suppor and which folks to blow off?

>>>(3) Therefore, unless we restrict copying, etc., there
>>>will be insufficient incentive for creative people to
>>>actually create and distribute their stuff.

>>Well, I may be wrong, but I don't think I'm "lying" by 
>>stating the normal rationale for copyright.

>Your rationale for copyright is right and i do agree with it.
>I do agree with the rationale but i do not agree with copyright
>Copyright is not a right way to advance "useful arts" etc.

OK.  What's the alternative?  One possibility is "none," i.e., the whole
thing is a mistake from the beginning and we don't need it at all.  But if
not that, what?

>It maybe working (and it really works) under certain conditions but
>in general it will fail unless conditions are artificially kept the
>same. Sklyarov case is a good example.

I disagree with you here.  I think the Sklyarov case reflects the DMCA,
which is the result of pro-copyright interests getting too aggressive in
their demands, both in getting the law passed and now in pushing for its
enforcement.  Copyright is supposed to be a balance.  The DMCA upsets that
balance.

<snip>

>>>there is a need to force them to create goods.
>
>>Where did "force" come from here?  People can produce or 
>>not.  It's up to them.

>This is what we started from. Copyrights are for forcing people
>to create "useful arts" etc. (sorry for my bad english - forcing
>is not a right word here , i meant stimulating)
>So i do certainly agree with you- not forcing but stimulating

OK, sorry I did't get right away that english was not your best language.
You were mostly good enough that I didn't make add any correction factor...

<snip>

>Government sais people they must pay for creating new activities, new
>businesses, new art works etc. In other words people must invest.
>If you do not invest - you pay for it. It is up for you to decide
>where you are going to invest or spend, but if you
>keep saving money - government immediatly takes the money away 
>from you.
>
>Don't you think people would invest into Smash Mouth or even
>garage bands if they new their money will be spent in any way

I understsand the sentiment, but I have a hard time figuring out how to make
it work in practice.

Chris S.


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