Discussion of all things related to Public Domain

["tompoe AT renonevada.net" <tompoe AT renonevada.net>]

Hi, Kevin:  Remarkable!  Isn't that the ideal legislative intent example 
folks always look for?  I think so.  Thank you very much.

The earth is for the living, not the dead.  Sounds disrespectful of the 
dead at first blush, but life is harsh, eh?

Well, with this exciting news [to me and my feeble brain], it's on with 
the logic.  Assuming there's no conflict in anyone's mind that the 
intent of the founding fathers of our country was to grant monopolies 
for the lifetime of the creator, then, the dissension is restricted by 
logic to those who would try and justify moving away from that intent, 
to not grant monopolies beyond the creators' lifetime.  My impression is 
that the greedy ones now want to extend beyond the lifetime of the 
creator, simply because they want to provide for their heirs. 
Compelling?  Who knows?!

So, with that in mind, we then can leave those greedy souls to their 
lot, and develop an infrastructure that provides a choice for people. 
Kevin puts forth a Digital Age economy built around commissions [I hope 
that is close].  The Creative Commons Project puts forth a legal 
framework to carry on activities within a Democracy and Civil Society in 
the Digital Age.  Open Studios puts forth community-based recording 
studios for all local residents to use without charge, thus enabling all 
citizens to engage in business, whether for creating music, art, 
manufacturing, marketing, etc., in the Digital Age.  We still need 
healthcare to move into the Digital Age.  I suspect that will happen 
when the science of nanotechnology reaches a point that requires all 
treatments for health to be tailored to the individual [I'm basically 
making reference to clinical research, here, which leads to treatment 
plans for individuals.  The present research system relies on sampling 
\groups within a population].  When that happens, individuals will be 
empowered to seek healthcare on an individual basis, and the picture 
will change dramatically [I hope].

In the meantime, we have enough pieces to begin to develop a compelling 
argument for moving forward with a Digital Age vs. Information Age 
competition.  Us or them.  See you soon, while I rest my feeble brain.
Thanks,
Tom Poe
Open Studios
Reno, NV

Kevin Marks wrote:
> On Tuesday, February 4, 2003, at 08:57 PM, tompoe AT renonevada.net wrote:
>
> > Hi, Sabrina:  Here's my question.
> >
> > What search terms would you use to learn more about copyright terms? 
> > Specifically, I'm interested in finding out who might have thought 
> > about copyright terms in a relative sense to the "life expectancy" 
> > consideration for those who lived in the 1790's.  The life expectancy 
> > span at that time, was something in the range of 36 years.  Noting 
> > that, then, it might seem logical to attach a related term of 
> > "lifetime" to the then, 14 year copyright plus renewal, which took it 
> > to 28 years. This would coincide with an accepted philosophy of 
> > granting copyright for the life of the creator, even in the 1790's.
>
>
> You're on the right track - Jefferson discussed this with Madison on 
> exactly this basis:
> http://digital.library.upenn.edu/books/bplist/archive/1999-02-11$2.html
>
> Jefferson's own preference for the term of copyright was communi-
> cated to Madison a few days afterward, in a letter of September 6,
> 1789.  There he proposed a term of 19 years, based on an actuarial
> calculation:
>
>      The question Whether one generation of men has
>      a  right  to  bind another seems never to have
>      been started on this [i.e., the European side --
>      Jefferson was writing from France] or our [American]
>      side of the water... that  no such obligation can
>      be so transmitted I think very capable of proof. --
>      I set out on this ground,  which I suppose to be
>      self evident, that the earth belongs in usufruct
>      to the living; that the dead have neither powers
>      nor rights over it...  A  generation coming in and
>      going out entire... would have a right on the first
>      year of their self-dominion to contract a debt
>      for 33 years, in the 10th for 24, in the 20th for
>      14, in the 30th for 4, whereas generations, changing
>      daily by daily deaths and births, have one constant
>      term, beginning at the date of their contract, and
>      ending when a majority of those of full age at that
>      date shall be dead.  The length of that term may
>      be estimated from the tables of mortality.  Take,
>      for instance, the tables  of M. de Buffon...
>      [according to which] half of those of 21 years [of
>      age] and upwards living at any one instant of time will
>      be dead in 18 years 8 months, or say 19 years as the
>      nearest integral number.  Then 19 years is the term
>      beyond which neither the representatives of a nation,
>      nor even the whole nation itself assembled, can validly
>      extend a debt...  This principle that the earth belongs
>      to the living, and not to the dead, is of very extensive
>      application...  Turn this subject in your mind, my
>      dear Sir...  Your station in the councils of our country
>      gives you an opportunity for producing it to public
>      consideration...  Establish the principle...  in the
>      new law to be passed for protecting copyrights and new
>      inventions, by securing the exclusive right for 19
>      instead of 14 years.
>
> > If this argument were put forth, and it was with merit, then the 
> > discussion over copyright would take on a different flavor, at least 
> > for me.  But, so far, I haven't seen much discussion on this with the 
> > searches I have done, or the readings I have been exposed to.  Are you 
> > able to offer any suggestions?  My interest is in trying to move the 
> > discussion away from fighting with corporate idiots, and moving on to 
> > solutions [such as Open Studios/Creative Commons, hint, hint].
>
>
> not to mention mediAgora:
>
> ------------------------------
> http://mediagora.com  - encourage copying, receive payment, reward sales


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