Intellectual property: Difference between revisions
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We were talking rights and as I explained property rights are natural and based on labor of an individual and the proper right to the fruit of that labor. That is an ancient right and copyright protection could be protected by custom even without the kings statutes. But only amongst a virtuous people. | We were talking rights and as I explained property rights are natural and based on labor of an individual and the proper right to the fruit of that labor. That is an ancient right and copyright protection could be protected by custom even without the kings statutes. But only amongst a virtuous people. | ||
Now you are talking about Intellectual property laws. Rights and laws are not the same things especially when you are talking about a legal system. The fact that injustice takes place in property laws has nothing to with the truth of property rights…. | Now you are talking about Intellectual property laws. Rights and laws are not the same things especially when you are talking about a legal system. The fact that injustice takes place in property laws has nothing to with the truth of property rights…. | ||
Still even within a legal system there is a natural right to justice although contract makes the law. | Still even within a legal system there is a natural right to justice although contract makes the law. | ||
As an example the paragraph you said “destroys Copyright law” actually confirms the basic premise of Intellectual property rights. Again while intellect is intangible the right is based on labor and time and the expenditure of effort. | As an example the paragraph you said “destroys Copyright law” actually confirms the basic premise of Intellectual property rights. Again while intellect is intangible the right is based on labor and time and the expenditure of effort. | ||
The “ important exception to the exclusive rights of the copyright holder is the "fair use” doctrine” and makes absolute sense. | The “ important exception to the exclusive rights of the copyright holder is the "fair use” doctrine” and makes absolute sense. | ||
I quote many copy righted materials and footnote them because the fair use doctrine allows the general public to use copyrighted material without permission in in “ some educational activities, some literary and social criticism” “and news reporting” which all fits what I do. | I quote many copy righted materials and footnote them because the fair use doctrine allows the general public to use copyrighted material without permission in in “ some educational activities, some literary and social criticism” “and news reporting” which all fits what I do. | ||
The “factors”, include consideration whether it “ is for profit; what proportion of the copyrighted material is used” and most of all “what economic effect the use has on the copyright owner.” | The “factors”, include consideration whether it “ is for profit; what proportion of the copyrighted material is used” and most of all “what economic effect the use has on the copyright owner.” | ||
Nothing can be planer. The law claim there are looking after the fruit of the authors labor and making sure he gets it. This should be the job f every man but because we do not come together to protect our neighbors right to his labor people have empowered the king. | Nothing can be planer. The law claim there are looking after the fruit of the authors labor and making sure he gets it. This should be the job f every man but because we do not come together to protect our neighbors right to his labor people have empowered the king. | ||
Copyright laws have roots in eighteenth-century because of the mass production by printing and complex innovation resulting from research but the right as a natural right to the fruits of your labor have always existed. | Copyright laws have roots in eighteenth-century because of the mass production by printing and complex innovation resulting from research but the right as a natural right to the fruits of your labor have always existed. | ||
But also at that time the people were already neglecting their responsibility to attend to the weightier matters of righteousness… | But also at that time the people were already neglecting their responsibility to attend to the weightier matters of righteousness… | ||
The real problem is that the people had to depend on government to enforce such rights when if the people were just and seeking righteousness the king would not have been needed. | The real problem is that the people had to depend on government to enforce such rights when if the people were just and seeking righteousness the king would not have been needed. | ||
This is the same as the days of Saul. There was corruption and abuse and instead of the people resolving the issue they asked the king and rulers of the state to make things right. | This is the same as the days of Saul. There was corruption and abuse and instead of the people resolving the issue they asked the king and rulers of the state to make things right. | ||
I write copyright on all the books I print and only give permission to people to print them when they ask. I charge them nothing but I do put limitations on their printing. That is merely contract. | I write copyright on all the books I print and only give permission to people to print them when they ask. I charge them nothing but I do put limitations on their printing. That is merely contract. | ||
I do not ask the State nor its kings to enforce my contracts. | I do not ask the State nor its kings to enforce my contracts. | ||
I ask the Holy Spirit to do so and it works pretty well. | I ask the Holy Spirit to do so and it works pretty well. | ||
But I have a natural right to the fruit of my labor but there I give it away every day but I retain the right to choose how and when I give. | But I have a natural right to the fruit of my labor but there I give it away every day but I retain the right to choose how and when I give. | ||
Do not curse the king for he is born out of the apathy of the people and is there to punish the wicked. If it was not for the king many authors would have starved and Walmart would be selling their books and reaping the profits of those starving authors. Why because the people would by the cheap books and run the little shop around the corner and the starving artist out of business. | Do not curse the king for he is born out of the apathy of the people and is there to punish the wicked. If it was not for the king many authors would have starved and Walmart would be selling their books and reaping the profits of those starving authors. Why because the people would by the cheap books and run the little shop around the corner and the starving artist out of business. |
Revision as of 01:26, 1 November 2014
Intellectual Property rights are legally recognized exclusive rights to creations of the mind. While the creation may be primarily the work of the mind it is also the result of physical labor which has created or brought the creation int oa physical representation.
While the authorship of a book is a product of the mind it is also a product of time and energy to present it in a readable form.
Rights may be endowed upon us when we conform to natural law by accepting natural responsibilities and expend energy and time in a natural effort.
I plant a tree and cultivate it for 10 years until it bears fruit if someone comes and takes that fruit we call it stealing.
I spend ten years researching and writing a book and take it to a printer and give him permission to print my book and sell it on the condition that anyone who buys it does not buy the right to copy the book for profit. Back at the apple tree I let people come and look at the tree, even rest in the shade but they are not allowed to eat the fruit without my permission.
The right to the fruit of my labor in both cases is proper. We call it a property right.
If I die I bequeath the right to the fruit of my labor to my family as an inheritance. That is a natural and proper right because the kingdom of God is from generation to generation. Now one may claim a property right in an idea because they wrote it on a piece of paper but the idea is not necessarily grant a right. The idea may be the product of revelation and revelation has a way of appearing in many minds at the same time and a property right may not exist in what we call an idea. Over zealous claims may create a gray area but if justice is written in the hearts of the people they will see the distinctions.
To imagine that someone an spend ten year writing a book and saving money to print a hundred copies to sell and a wealthy printer can come and print 10,000 copies and walk away with the profits of those ten years of labor is okay and not an injustice is myopic.
So yes there is something that can be called an Intellectual property but it must be established by labor and contractual agreement or custom.
The greyness of their limits is the product of the peoples ability to see the truth not the Intellectual property right itself.
Fraud
Some say that it would be fraud if I changed the name on a book authored and printed it and sold it for my benefit. But who could I have defrauded by reprinting a book I did not write if there was not a property right to the book to begin with.
If there is no right then there is no injury.
If there is no injury then there is no fraud.
If I do not change the name on the book but reprint someone else's book and make a fortune selling it there is not even the hint of fraud but he starves because he did not have the resources to print the book and I did. Then that is just his tough luck and I benefit from his years of hard work and I walk away with the fruit of his labor because you are saying that there is no right by whatever name.
With no right there is no injury or fraud or theft.
Since God owns everything and an apple tree is the result or product of nature how can we claim a right to its fruit? That would mean if you became a quadriplegic and could not pick your apples from the tree you planted and pruned I could pick them and take the profit for myself simply beause you did not have the means to do it for yourself.
The term intellectual property was invented to deal with the injustice of one man profiting from the labor of another who suffers a loss.
The creation of intellectual property as a concept to aid in the quest for justice does not mean that it cannot be used to perpetrate injustice. But to claim that intellectual property rights do not exist must be denied in the interest of justice.
Intellectual Property laws
We were talking rights and as I explained property rights are natural and based on labor of an individual and the proper right to the fruit of that labor. That is an ancient right and copyright protection could be protected by custom even without the kings statutes. But only amongst a virtuous people.
Now you are talking about Intellectual property laws. Rights and laws are not the same things especially when you are talking about a legal system. The fact that injustice takes place in property laws has nothing to with the truth of property rights….
Still even within a legal system there is a natural right to justice although contract makes the law.
As an example the paragraph you said “destroys Copyright law” actually confirms the basic premise of Intellectual property rights. Again while intellect is intangible the right is based on labor and time and the expenditure of effort.
The “ important exception to the exclusive rights of the copyright holder is the "fair use” doctrine” and makes absolute sense.
I quote many copy righted materials and footnote them because the fair use doctrine allows the general public to use copyrighted material without permission in in “ some educational activities, some literary and social criticism” “and news reporting” which all fits what I do.
The “factors”, include consideration whether it “ is for profit; what proportion of the copyrighted material is used” and most of all “what economic effect the use has on the copyright owner.”
Nothing can be planer. The law claim there are looking after the fruit of the authors labor and making sure he gets it. This should be the job f every man but because we do not come together to protect our neighbors right to his labor people have empowered the king.
Copyright laws have roots in eighteenth-century because of the mass production by printing and complex innovation resulting from research but the right as a natural right to the fruits of your labor have always existed.
But also at that time the people were already neglecting their responsibility to attend to the weightier matters of righteousness…
The real problem is that the people had to depend on government to enforce such rights when if the people were just and seeking righteousness the king would not have been needed.
This is the same as the days of Saul. There was corruption and abuse and instead of the people resolving the issue they asked the king and rulers of the state to make things right.
I write copyright on all the books I print and only give permission to people to print them when they ask. I charge them nothing but I do put limitations on their printing. That is merely contract.
I do not ask the State nor its kings to enforce my contracts. I ask the Holy Spirit to do so and it works pretty well.
But I have a natural right to the fruit of my labor but there I give it away every day but I retain the right to choose how and when I give.
Do not curse the king for he is born out of the apathy of the people and is there to punish the wicked. If it was not for the king many authors would have starved and Walmart would be selling their books and reaping the profits of those starving authors. Why because the people would by the cheap books and run the little shop around the corner and the starving artist out of business.
They do that now… and will pay the price…
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