Under the aegis of IP—intellectual property—the three prongs that activists rally against in terms of ownership over subscription and right-to-repair movements and portability of profiles of copyright, trademarks and patents with their attendant clauses and legal contours are radically different from one another—stemming from US policy with global export and consequence. Enshrined in the American constitution, copyright is only joined with the right to bear arms as the foundational provisos that the framers thought justified an explanation other than “self-evident,” with the latter being a for the sake of maintaining a well regulated Militia and the former being to promote the Progress of Science and the useful Arts and thus incentivise creative works, situationally and not in perpetuity no matter licensors might take issue.
Trademarks, in contrast, were established as a form of consumer protection—enabling a company to sue competitors on behalf of customers for engaging in infringement on their brand, counterfeiting and deceptive marketing, but with the disarming disclaimers and eventual expiration of copyrights, forwarded so long as the company and product are in existence. Patents, in turn, are a sort of hybrid embracing the best and the worst parts of the bargain between society and the inventor, the limited period of exclusivity in exchange for making it public but with the same spirit of litigiousness to enforce patent rights. Those who best know the precise distinctions leverage this ambiguity against customers and competitors whom don’t understand these limits to advance their extractive models, playing champions of the public domain and open-source against one another. More from Cory Doctrow’s Pluralistic at the link above.
synchronoptica
one year ago: a return to Riquewihr (with synchronoptica) plus Trump hocks medical biobeds
two years ago: ranking the gods, Chilean Antarctica plus more brief papacies
three years ago: the Sycamore Gap Tree is no more
four years ago: assorted links to revisit plus St Leoba
five years ago: your daily demon: Halphas plus more links to enjoy
six years ago: Pope John Paul I plus Trump’s taxes
seven years ago: hitchhiking returns to Brussels
eight years ago: William the Conqueror crosses the Channel (1066) plus the #MeToo movement










