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the intellectual property law in the US that says "you must actively defend your IP"

edited 2011-08-12 12:34:19 in Media
Creature - Florida Dragon Turtle Human
This just leads to a fuckton of stupid lawsuits.

Instead, why don't we say that IP holders have to produce new content within X many years (not five years, that's too short, but say, 20 or 30 years) or else it enters public domain?

How about another concession: Make it so that IP holders whose IPs have expired can reactivate their IP by producing new content, after the private holding deadline has passed?

Sound fair?

Comments

  • How about, "Never touch the person's IP unless they have been dead for at least 2 years or are okay with it."
  • Creature - Florida Dragon Turtle Human
    I want to see IP/copyright laws that give fans leeway to produce derivative works as long as they make no profit from it, but is strong enough to protect IP creators from plagiarism/ripping off.
  • OOOooooOoOoOOoo, I'm a ghoOooOooOOOost!
    This annoys me less than the DMCA does. I mean, with the DMCA, sites have to take material down even if it's obvious that the takedown notice doesn't apply to the content and wasn't sent by the IP holder.
  • @GMH

    If the creators don't want anything made from their IP, it's best to respect their wishes.
  • My main beef with current IP laws (in the US, at least) is that essentially nothing becomes public domain anymore.

    Fuck you too, Disney.
  • i'm with INUH on this one we've had far too much in the way of violations of free speech in the name of copyright however there needs to be a way to balance the First Amendment with the relevent clause in Article I Section VIII
  • edited 2011-08-12 17:23:30
    Creature - Florida Dragon Turtle Human
    @Radd > If the creators don't want anything made from their IP, it's best to respect their wishes.

    How long should this apply?  5 years? 10 years? 20 years? 50 years? 100 years? death of the creator? death of the creator plus some number of years? forever?

    Any answer longer than about 20-30 years, in my opinion, neglects the fact that such works enter public consciousness almost immediately and people inevitably create derivative works without creator permission, almost immediately after their work's official release.  We do have some exemptions from these rules, such as educational, parody, and other fair use purposes, but this currently does not include such things as fanart and fanfiction.

    My opinion is that, if you've just created something, you ought to be able to claim exclusive jurisdiction over it, but only for a while; after a while you had better be doing something else with it or else it counts as abandoned.  Though I'm open to you being able to get it back if you restart your operations.

    ----

    By the way, I misstated something in my opening post.

    Intellectual properties do not need to be actively defended, only trademarks do.  They're where the "expires in five years unless you actively use/defend it" stuff comes from.  Of course, "defending" it means suing other entities.

    That said, now I'm trying to figure out whether actively defending your trademark allows you to continue holding it even if you are no longer producing products/services associated with that.

    If merely suing people over your trademark allows you to keep it even if you don't do anything else with it yourself (which I actually think might be the case since I remember stories about people registering trademarks and profitting purely off of lawsuits), then there's something wrong.

    Edit: Whoops, paragraph incomplete.
  • edited 2011-08-12 17:30:17
    Of course, if you get too lax about your trademark, you end up with Famous Original Ray's Pizza.
  • Creature - Florida Dragon Turtle Human
    huh?
  • There are dozens of unrelated pizzerias in New York City with variations on the name "Ray's Pizza". "Famous Ray's Pizza", "Original Ray's Pizza", etc.

    I only know about this from Seinfeld, TBH, but apparently it's a real thing.
  • ☭Unstoppable Sex Goddess☭
    Well if it's like Original Pizza Hut or Super Pizza Hut or Pizza Hut 2 or something....yeah.

    Or Magic The Original Gathering or Ray's My Little Pony.
  • There's a Mario & Luigi's Pizza near where I live.
  • I'd rather end intellectual property laws.
  • OOOooooOoOoOOoo, I'm a ghoOooOooOOOost!
    That would be bad. It would make it extremely difficult for creators to get money.
  • Has friends besides tanks now
    ^ Keep in mind who said that (no offense meant, Deboss).
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