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[tom poe <tompoe AT amihost.com>]

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Did you know that in the future, grandparents will have refrigerators
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COLUMNS: 
A]  Anatoly Volynets - Culture vs. Copyright 
Synopsis of Previous Issues 

One of the basic points I stand for is that culture and copyright 
clash completely.  In  previous issues, we discussed the nature of 
arts,  particularly the main law by which they live. In the end, we 
found that this law is that of ultimate freedom. Also  deliberated, 
were licensing in cultural affairs, and relations  between arts and 
the Self. To develop my standpoint further, I am trying to  reflect 
on the differences between the two worlds: the one of culture  and the 
one of civilization. 

Discrepancies Between Two Worlds 
(The topic began in the previous issue) 

Teacher. Go ahead. 

Gamma. Who? 

Alpha. All right, you go. 

Gamma. Thanks... But I lost it. 

Alpha. Are you sure? 

Gamma. I am, go ahead. 

Alpha. All right. There is no such a law that if you 
get my recipe you have to tell everybody who you got it 
from! You will not advertise me and I don't owe you 
anything whatsoever, but you do! 

Gamma. Who was talking about a law? 

Alpha. Law is reality, isn't it? What are we talking 
about if it does not concern reality? 

Teacher. This is a new turn in our conversation. We 
haven't discussed existing laws yet. We are discussing 
relations and discrepancies between the worlds of 
culture and civilization... 

Alpha. Where do laws belong? 

Teacher. Wherever they belong, they change. I would say 
that we want to figure out what a law is supposed to be 
to ideally fit specifics and relations of culture and 
civilization. I think we have to comprehend these 
realities before we start talking about law... 

Alpha. You never said that. 

Teacher. Of course I didn't. Law was not that subject I 
was interested in. We can discuss it later, if we find 
it suitable. 

Alpha. OK, how can we resolve the last question, if we 
do not turn to law? 

Beta. The teacher said it: we have to figure out what a 
law is supposed to be in order to serve... 

Alpha. To serve what? Or who? You or me? 

Kappa. Or the customers, or the audience, or the 
general public, or the country, or... I don't know what else? 

Delta. Law is to serve the people and the country. We 
have to look at the issue from this stand point. 

Teacher. May I narrow this down a bit? Our question can 
sound like this: in which case does a law serves Alpha, 
and Beta, and our country best? The first case is when 
Beta is required to pay royalties for usage of Alpha's 
recipe. The second case is when Beta is required to 
give Alpha proper attribution. 

Alpha. Why not both? 

Kappa. True, why not? 

Delta. Well, if you ask 'why not,' someone may ask 'why yes?' 

Beta. I agree. We have to put forward criteria. 

Gamma. We already did. It is the general well being, 
including Alpha's and Beta's. If everyone is better off 
under a law, that means the law is a just one. 

Alpha. How can we judge that? 

Delta. We cannot... If we do not try. 

Beta. Look, if I have to pay royalties, this 
compromises my business and decreases my 
competitiveness. I can do everything as good as Alpha 
does. I can make meals as fresh and delicious, I can 
maintain the premises as comfortable, I can put as much 
money in marketing and still I will be in a weaker 
position in terms of business: I will have to reduce my 
earnings, while Alpha will get additional money from my 
efforts... 

Alpha. ...Which is absolutely fair, because you built 
your business on my recipe! 

Delta. The business is built by Beta's effort. 

Gamma. Well, it is natural that Alpha wants Beta to 
share his money, but what about our criteria? What is 
good for people? It is obvious that if two of your 
businesses compete in equal conditions, then all of 
your customers win... By the way, I recalled my 
question. I'll ask it later. 

Alpha. Remember, what did Beta offer? He wanted to 
advertise me for free! Does this not put me in better conditions? 

Beta. Yes, it does. But this will not take money from 
my business. 

Alpha. Really? This will take some customers from you. 
Is this not the same? 

Teacher. I see a difference between the two methods. In 
the case of royalties, we have to set up and enforce 
some artificial measurements to take money from Beta's 
business. This becomes specifically questionable, if 
Beta gets no profits, his business may die and Alpha 
will get no royalties at all... 

Alpha. In that case I got rid of a competitor and this 
is good. 

Kappa. For you, probably. Not for the public. 

Delta. I doubt even this is always good for Alpha. 

Alpha. And why is that? 

Teacher. May I finish? 

Alpha, Delta, Kappa. Sorry. 

Teacher. ...So, in the case of attribution, when Beta 
just honestly says who he learned the recipe from, this 
does not necessarily means he loses. He can even gain. 

Alpha. And how is that?.. Sorry. 

Teacher. That's OK. I'll continue. When Beta says who 
taught him the recipe, he appeals to people's feelings. 
Some of his customers would certainly be curious to go 
to Alpha's place, but some would admire the fact of the 
tribute. Both businesses get in more solid relations 
with public in general... 

Kappa. By the way, Alpha can also tell who learned from him. 

Alpha. Aha, sure... 

Delta. Why not? This certainly adds credibility to your 
business... 

Gamma. Two times, by the way: firstly, it implies that 
the recipe is worthy, because it gets followers; 
secondly, if you are not afraid to name a competitor, 
this means your business is that strong that you are 
not afraid. 

Kappa. I like this! A shared recipe benefits everybody, 
even when attribution is given! 

Beta. _Because_ attribution is given! Not 'even when,' 
but 'because!' This is how things differ in culture and 
civilization! If Alpha wants my money, we both can 
lose! When we share ideas, we both win! This is how it 
works! This is how they are different! I never expected 
it turns out this way! This is terrific!!! 

Gamma. Wow! I've never seen Beta so excited! 

Teacher. Me neither. 

Kappa. It is good he didn't jump on the desk, like 
someone else sometime ago... 

Teacher. Gamma, what about your question? Are you still 
keeping it? 

Gamma. Aha.When you cook some exotic meal, a lot of 
different ideas, inventions, are techniques are used, right? 

Teacher. Definitely. 

Gamma. What about all those? 

Alpha. What about them? 

Gamma. What about them? Think for a second. If you want 
royalties from Beta, thousands of other people may ask 
for royalties from you! What do you think? 

Delta. So everybody will have to sit down and calculate 
royalties day and night and do nothing else. 

Gamma. And this will make no sense at all. 

Beta. And then they'll forget about the royalties one 
day, stand up, and go about their business normally. 

Kappa. People, I have a declaration to make: People 
have to share ideas in order for civilization to exist! 

Alpha. Impressive... I have one proposition and one question. 

Teacher. Go ahead. 

Alpha. Thank you. The question goes first. Suppose, I 
go with attribution. What about those thousands of 
ideas now? Do I have to sit down and write down all 
ideas I use, to conduct a research to determine their 
authors and then to attach tons of paper with 
references to every single menu, plate, napkin and so 
forth?.. Now, here is my proposition. Beta does not 
have to pay royalties all life long, but for some 
limited time. How about that? 

Kappa. In the beginning or later? 

Gamma. How much later? 

Alpha. Who knows, what happens later? 

Kappa. OK, Alpha, so you want royalties at that very 
time when it is the most difficult for Beta, right? 

Alpha. But for a limited time! A business is always 
difficult in the beginning, anyway! 

Kappa. Then let it be even more difficult, right? 

Alpha. Why should I care? 

Teacher. We agreed on some criteria, remember? 

Delta. I remember and I remember that essentially we 
reached some conclusion: free sharing of ideas plus 
honest attribution boosts businesses, competition and 
thus, benefits everybody! 

Gamma. Yes, and why would we look for anything else? 

Beta. Well, Alpha can argue that profits reward 
businessmen efforts and benefit the public in the 
end, but how then is creativity itself rewarded? 

Gamma. By attribution, how else? You created it. People 
who use it, honestly say so. Everybody knows you and 
your role in the invention, and recognizes your impact... 

Delta. People call or write to you, invite you to give 
lectures... 

Alpha. Me? 

Kappa. Ah, Alpha, you! Do you like that more? 

Alpha. What's more? More than what? 

Teacher. There were two options. 

Alpha. I told you, I'd like both. Everyone would, I'm sure. 

Gamma. Well, ok, then we won't ask you. We'll turn to 
the criteria of public good instead. 

Alpha. All right, you haven't answered my question, 
remember? In the meantime, I have something else to 
tell you all. Gamma rightly said that it is very 
natural for me (and I believe it is so for everyone) to 
wish for both: royalties and attribution as well. 
Therefore, if you don't give me all I want, I wouldn't 
like it! Then if I come up with yet another recipe, I 
will not reveal it whatsoever! 

Kappa. And what is the point? What will you get? 

Alpha. I'll have my monopoly over it -- that's what 
I'll get. I'll not have competition -- that's what I'll 
get. My business will grow -- that's what I'll get. And 
that's it -- and nothing else! What do you think? 

Delta. You will have to put money in marketing. 

Alpha. So? 

Delta. So? If you don't have big bucks for that, forget 
about growing. 

Alpha. Really? And what is my other option? 

Delta. Another option? I am going to tell something 
really new: reveal your recipe in exchange for attribution. 

Alpha. Ah, it is new. And? 

Beta. And what? Haven't we discussed it all? 

Kappa. Yea, Alpha, haven't we? 

Alpha. You probably did, I probably wasn't here. 

Teacher. Alpha, you were here. 

Alpha. All right, I am stupid, can anyone repeat it for 
me one more time? 

Kappa. Alpha, you are not stupid. 

Alpha. I'm not? 

Kappa. Nope. 

Teacher. I agree with Kappa. 

Alpha. So? 

Beta. So, you repeat yourself what we concluded earlier. 

Alpha. You concluded? 

Beta. Yes, we, I, Kappa, Gamma, Delta, our Teacher and 
with your participation... And if you disagree with the 
conclusions, explain why. 

Gamma. Yes, Alpha, please. You can do it. 

Alpha. I can... if I want. 

Teacher. Why wouldn't you want it? 

Gamma. Yea, Alpha, why? We are not enemies here, we 
just have different ideas. 

Alpha. Exactly. Different ideas we have, we do. 

Gamma. Well, I believe they all deserve some respect... 

Alpha. And I displayed disrespect, right? 

Beta. I would say so. You don't even want to repeat 
others' ideas. How would you call this kind of attitude? 

Teacher. It is interesting, really. 

Alpha. It seems like tricks and games to me... 

Teacher. Why? 

Alpha. OK, does anyone want to repeat after me? 

Beta. It is not that I want to, but I can, if you wish 
me to. 

Teacher. Yes, Beta, please do. Let it be our first 
summary today. Do you mind, Alpha? 

Alpha. (Shrugs)... 

Beta. OK. Some inventors would like to get attribution 
and royalties from every business using their 
inventions. This seems to be fair and will reward 
creative work. Thus, it becomes more attractive for 
people to invent and to reveal their inventions to the 
public. Did I tell everything, Alpha? 

Alpha. (Shrugs)... There is one more point. You cannot 
give attribution for every single idea you use. This is 
why I proposed to do it for a limited time, say ten 
years. After ten years of public use, an idea becomes 
common knowledge and attribution is not necessary any 
more. Then business use of the idea does not require 
attribution any more and you don't have to collect 
zillions of references. 

Teacher. Very good, Alpha. We have all of your ideas 
summarized now and it is your turn. Please, make a 
summary of Beta's ideas. 

Alpha. I had to fix what Beta said about my ideas, 
anyway. I believe, he will summarize his ideas better 
than me. 

Teacher. I cannot insist, although I am sure this 
exercise would be very helpful for our deliberations. 
If we all know, that in the end of the day we have to 
do summaries of each others' ideas, we will pay more 
attention to what everyone says. 

Alpha. I remember everything all of us said. I just do 
not feel like I want to repeat after Beta. 

Teacher. OK, anyone? 

Beta. I can try. 

Gamma. I can. 

Teacher. Let us go with Gamma. 

To be continued. 

Topics to be covered after the present one: Economics of Culture, 
Hypothetical cases (alternatives for modern creators), Related Issues 
(Comparison of different monopolies and their impact  on societies: 
casual monopolies, monopoly over mass media, communism, copyrights, 
and patents) 

Anatoly Volynets, Board member of Open Studios, and President of
Total-knowledge.com, will continue his thoughts next month about the
copyright implications on culture.  You can contact Anatoly at: 
av AT total-knowledge.com
*** 
This article licensed under Authoright: 
http://www.culturedialogue.org/ 
*** 
Literary editing by Alexandra Volynets 
*** 
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