[A2k] Copyright Is An Exception To The Public Domain | Techdirt

[Paul Lehto]

By allocating exclusive rights for a period of time to an author or
creator, copyright usually does operate to remove items from the
public domain.

However, it should also be mentioned that all forms of intellectual
property grant monopoly rights only for a limited period of time, and
after the elapse of that time they too enter the public domain.  The
public domain is where everything's headed, and it's only a matter of
time along with inappropriate but still sought extensions of the
monopoly period (again for limited or defined additional time
periods).

The exception to the general rule as to intellectual property is trade
secrets, making it a dangerous form of IP.  The IP rights in trade
secrets, which are nothing more than "information" in which reasonable
attempts are made to preserve secrecy, are potentially infinite in
duration.  Coca-Cola has kept their trade secret formula secret for
over a century now.  That's not problematic, but trade secrets in
information more generally raise more serious issues, since some
jurisdictions require no showing of novelty or any other factor
besides information the business is trying to keep secret that relates
to their commercial profitability (which they have no natural
interests outside of the scope of commercial profitability)

Trade secrets are a form of IP essentially created at the will of the
corporation, and  potentially last forever, making it a dangerous form
of IP, and it can often co-exist with patents or copyrights in some
contexts such as software.

Paul Lehto, Juris Doctor

On 1/26/10, Manon Ress <manon.ress@keionline.org> wrote:
> http://techdirt.com/articles/20100125/0539377890.shtml
>
> QUOTE:
>
> Copyright Is An Exception To The Public Domain
> from the a-manifesto dept
>
> A bunch of folks have been sending in this wonderful Public Domain
> Manifesto, put together by Communia. It's a wonderful read,
> highlighting the importance and value of the public domain, and
> putting forth a series of general principles which appear to make a
> lot of sense. It also discusses other aspects of related issues, such
> as the importance of individuals choosing to not use copyright, as
> well as the value of fair use and fair dealing. The point is both to
> highlight how important the public domain is to a vital thriving
> culture, and also to point out how the public domain has been steadily
> eroded over the last few decades. A key point is found in the first
> principle, and it's to remind everyone that copyright is an exception
> to the public domain, not the other way around:
>
>      The Public Domain is the rule, copyright protection is the
> exception. Since copyright protection is granted only with respect to
> original forms of expression, the vast majority of data, information
> and ideas produced worldwide at any given time belongs to the Public
> Domain. In addition to information that is not eligible for
> protection, the Public Domain is enlarged every year by works whose
> term of protection expires. The combined application of the
> requirements for protection and the limited duration of the copyright
> protection contribute to the wealth of the Public Domain so as to
> ensure access to our shared culture and knowledge.
>
> Unfortunately, it's rarely thought about like this. Instead, most
> people consider copyright to be the rule, and things like the public
> domain and fair use to be exceptions. This is a problem, and it
> impacts how people view, understand and respond to things like
> copyright and the public domain itself.
>
> To be honest, I have no idea how useful something like this manifesto
> really will be. Very few politicians seem to understand or care about
> the public domain and its importance. The manifesto might not have
> much of an impact on its own, but as a general set of principles for
> people to understand and gather behind it does seem like a good thing.
>
>
> *************************************************************************=
**
> Manon Ress
> manon.ress@keionline.org
> Knowledge Ecology International
> 1621 Connecticut Ave, NW, Washington, DC 20009 USA
> Tel.:  +1.202.332.2670, Fax: +1.202.332.2673
>
> Il vaut mieux remuer une question, sans la d=E9cider, que la d=E9cider,
> sans la remuer. (Pens=E9es, essais, maximes et correspondance de J.
> Joubert  p.249)
> Translation: It is better to debate a question without settling it
> than to settle a question without debating it
>
>
>
>
>
>
>
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> A2k mailing list
> A2k@lists.essential.org
> http://lists.essential.org/mailman/listinfo/a2k
>


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Paul R Lehto, J.D.
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