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Author Topic: Why is it so hard to regulate Bitcoin?  (Read 2951 times)
inBitweTrust
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June 26, 2014, 09:33:48 AM
 #81

It is good that you are making a distinction between Patents, Trademarks and Copyright, but inBitweTrust appears to have missed that.


Yes, I am aware of the legal distinctions and historical purposes of all the different forms of IP law. What I am discussing are reasons why those laws are unethical and inconsistent.

There is a very detailed rebuttal of IP laws and rights here for more information:

http://mises.org/journals/jls/15_2/15_2_1.pdf

Here is a quick synopsis -

1) Patent and copyright unfairly allow the theft of real and tangible assets owned by others to those with a the patents /copyrights because they are given a monopoly by the state on every physical representation of that idea.

2) Ideas are not scarce and property rights must be clear , consistent and applied to scarce resources.

3) Copyright results in a weaker incentive at creativity

4) IP laws are moot and obsolete because they cannot effectively deal with decentralization and cryptography.

5) IP laws stifle freedom of speech and fair use isn't wide enough to allow for needed liberties

6)  The "author" of IP is under dispute as uniqueness and originality of ideas that are commonplace are often questionable.

 


phillipsjk
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Let the chips fall where they may.


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June 26, 2014, 10:57:02 AM
 #82

It is good that you are making a distinction between Patents, Trademarks and Copyright, but inBitweTrust appears to have missed that.


Yes, I am aware of the legal distinctions and historical purposes of all the different forms of IP law. What I am discussing are reasons why those laws are unethical and inconsistent.

There is a very detailed rebuttal of IP laws and rights here for more information:

Does that include obscure ones like plant breeder's rights and the EU database directive?
Edit: I am having fun wrapping my head around "moral rights", of which the statute of Anne appears to be a simplification.

I bring it up because I am influenced by Richard M Stallman's Did You Say “Intellectual Property”? It's a Seductive Mirage

In that essay, he argues that you should not talk about "Intellectual Property" like it is one large neat category. Patents, Copyright, Trademarks, and even the more obscure ones all have different purposes.

The main benefit of the term appears to be to convince people that this "virtual property" deserves strong legal protection. Since the 1996 WIPO "Copyright" and "Performances and Phongrams" treaties, copyright has started to trump physical property rights. General-purpose computers are no longer a commodity you can easily buy in the store: the ones you find all implement multiple forms of DRM. Gone are the days when your computer comes with a circuit diagram.

James' OpenPGP public key fingerprint: EB14 9E5B F80C 1F2D 3EBE  0A2F B3DE 81FF 7B9D 5160
jonald_fyookball
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June 26, 2014, 11:08:54 AM
 #83



[snip]

 Without art and all the great artists we have had, our world would be much different today. Everything in life plays a role, every job in society plays a role and if it were taken out, society would crumble.



The reason we have art is not (entirley) related to money, markets or IP.
Artists would continue to create for free. They have no choice in the matter. Ask any artist and they will explain.

Your forgetting the part about having to work a separate 40 hour a week job
and what that does to ones time , energy, and output.

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June 26, 2014, 12:29:43 PM
 #84

bitcoin is not the cloud, you can't stop it.
yeah right. we can not predict what will happen to bitcoin in the future, maybe he would be very valuable or even no value at all and then disappeared. who knows
The technology will remain and will go on. It is apeared already an email and a twitter clones, based on bitcoin technology.
inBitweTrust
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June 26, 2014, 12:41:37 PM
 #85

Does that include obscure ones like plant breeder's rights and the EU database directive?
Edit: I am having fun wrapping my head around "moral rights", of which the statute of Anne appears to be a simplification.

I bring it up because I am influenced by Richard M Stallman's Did You Say “Intellectual Property”? It's a Seductive Mirage

In that essay, he argues that you should not talk about "Intellectual Property" like it is one large neat category. Patents, Copyright, Trademarks, and even the more obscure ones all have different purposes.

The main benefit of the term appears to be to convince people that this "virtual property" deserves strong legal protection. Since the 1996 WIPO "Copyright" and "Performances and Phongrams" treaties, copyright has started to trump physical property rights. General-purpose computers are no longer a commodity you can easily buy in the store: the ones you find all implement multiple forms of DRM. Gone are the days when your computer comes with a circuit diagram.


Page 6 refers to Sui generis used in the EU database directive of that citation.

I am also influenced by Richard Stallman, but he is definitely not arguing for any anarchist political position.
Both you and Stallman make great points that each right and law is a subject in its own category and there are many details one should consider. The reason I can make such broad sweeping attacks across all these IP regulations is I am arguing from an anarchist perspective. Foundationally, these regulations are unethical with the means at which they are enforced.

I'll Elaborate:
Currently, Trademark, copyright, and patents are all enforced through legal systems and treaties which ultimately result in you being kidnapped and tortured if you don't comply. Regulating a society by violating the non-aggression principle is fundamentally unethical and we as a people should think of more creative ways to address concerns that IP laws speak to solving.

Bitcoin is a fantastic first step created by crypto-anarchists where contracts and money can be peacefully used without breaking the non-aggression principle as the cryptography and protocol itself regulate the ecosystem rather than threats behind the violence of the state.

Lets take one example of how IP can be protected peacefully: trademarks. Namecoin and nameId could be used in the ecosystem to digitally watermark brand logos so when a customer scans the product a query request can made to a database to authenticate that the product is genuine. Knockoffs with similar logos and trademarks can exist but any retailer that sells such knockoff can quickly be identified by the general public and socially ostracized due to introducing consumer confusion which will lead to a decrease in sales for the retailer due to fewer customers.  

inBitweTrust
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June 26, 2014, 12:51:20 PM
 #86

Your forgetting the part about having to work a separate 40 hour a week job
and what that does to ones time , energy, and output.

...and yet artists still find time to create and monetize what inspires them.

Possible non-monetary motivations.....
http://en.wikipedia.org/wiki/Maslow%27s_hierarchy_of_needs

I am not suggesting money doesn't motivate art and profit isn't a catalyst. I merely contend that those who suggest the lack of IP laws enforced by states will lead a "creative vacuum" are grossly exaggerating the consequences.

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