“When someone takes your car, they have the car and you do not. When, because of some new technology, someone is able to get access to the MP3 file of your new song, they have the file and so do you. You did not lose the song. What you may have lost is the opportunity to sell the song to that person or to the people with whom they “share” the file.”
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“The content industries like to portray fair use as a narrow and grudging defense against an otherwise valid case for copyright infringement—as if the claim were, “Yes, I trespassed on your land, which was wrong, I admit. But I was starving and looking for food. Please give me a break.” This is simply inaccurate. True, fair use is asserted as “an affirmative defense”; that is the way it is brought up in a copyright case. But in U.S. law, fair uses are stated quite clearly to be limitations on the exclusive rights of the copyright holder—uses that were never within the copyright holder’s power to prohibit. The defense is not “I trespassed on your land, but I was starving.” It is “I did not trespass on your land. I walked on the public road that runs through it, a road you never owned in the first place.”
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“In certain situations, though, competition will not work: if the dinosaurs are a cartel strong enough to squelch competition; if they have enlisted the state to make the threatening technology illegal, describing it as a predatory encroachment on the “rights” of the old guard rather than aggressive competition; if ingrained prejudices are simply so strong that the potential business benefits take years to become apparent; or if the market has “locked in” on a dominant standard—a technology or an operating system, say—to which new market entrants do not have legal access. In those situations, markets cannot be counted on to self-correct. Unfortunately, and this is a key point, intellectual property policy frequently deals with controversies in which all of these conditions hold true. Let me repeat this point, because it is one of the most important ones in this book. To a political scientist or market analyst, the conditions I have just described sound like a rarely seen perfect storm of legislative and market dysfunction. To an intellectual property scholar, they sound like business as usual.”
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“Consider the world we could live in if all of our local and global leaders, if all of our personal and professional friends and foes, recognized the defeasibility of their beliefs and acted accordingly. That sure sounds like progress to me. But of course I could be wrong.”
― This Will Make You Smarter: New Scientific Concepts to Improve Your Thinking
― This Will Make You Smarter: New Scientific Concepts to Improve Your Thinking
“It is wrong to live under constraint; but no man is constrained to live under constraint.”
― Letters From A Stoic: Epistulae Morales AD Lucilium (Illustrated. Newly revised text. Includes Image Gallery + Audio): All Three Volumes
― Letters From A Stoic: Epistulae Morales AD Lucilium (Illustrated. Newly revised text. Includes Image Gallery + Audio): All Three Volumes
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