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Re: Copywrite laws are they to vague?
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What if Paramount wants to profit by selling depictions of the TOS crew (which in fact, they do) ... ? Someone out there, no matter how talented (or not), handing out free depictions thereof, prevents Paramount form properly and fairly profiting by their creation(s). Quote:
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I happen to appreciate their products, as you also presumably do. Quote:
You do not have the right to photocopy that drawing and hand copies out; you do not own copyright on "your" derivative work, WB does. Quote:
One, people started having some RESPECT for the concept of IP, and asked PERMISSION before displaying or distributing their fan art. Many companies would probably grant such permission -- look at how many offer "Fansite Webkits" to help people make fansites focussed on their IP look better ... and usually (if not always) offer the kits for FREE, one might add? Two, character likenesses were redefined as "trademark" IP, and not "copyright" IP. Three, the original constitutionally-mandated expiry dates were reinstated on copyright laws. Those three things, taken together, would IMO render the system as close to workably perfect as humanly possible. The first one is the one that's likely impossible ... it's the one that buts up against innate human greed and the "******* factor" alike. But, it's a darned sight more achievable than your (IMO) blue-sky-fantasy ideas of honor systems and free exchange of data, etc. |
Re: Copywrite laws are they to vague?
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Using SEIV as an example, what I'm talking about would be someone writing a game similar to SEIV on their own. A programmer could mimic, reverse-engineer, the exact setup of SEIV (systems connected by warps and containing planets, ships to colonize, attack, etc, resources generated from colonies, research, intelligence, diplomacy), and as long as the programmer does not copy any of the individual parts of the game (this includes the copyrighted images, sounds, etc. in SEIV, those would have to be reproduced independantly), it is fine. Of course, in the process of creating the "clone", it will inevitably become a different thing from the original, as the clone author imparts its own personal style and biases to the clone. You're trying to visualize a line where copyright ceases to cover a work, and are using examples to draw that line within distinct components of a work. If you must imagine a line, however, it should be seperating the work itself and its components, and the ideas behind them. =0= On the disscussion of the nature of greed, the philosophical meanings of motivation, et cetera... I usually think of the arguement as "There is no action that is not, at least in part, affected by selfishness". If you look up greed or selfishness in a thesaurus, you'll see that they're synonyms... and for most people, the two words are completely interchangable. I think that there are no two people that speak the exact same language; there are vast similarities in the words and structure in what we call language, but subtle differences between each person's interpretations in different parts. For me, `greed' and `selfishness' carry pretty much the same definition; however, for me, `greed' is stronger form, with more negative connotations, while `selfishness' is a softer form with both negative connotations and connotations to practicality, which are positive. The result is: "There is no action that is not, at least in part, affected by greed" makes me think, `People are inherently evil', while "There is no action that is not, at least in part, affected by selfishness" makes me think `People tend to look after themselves first, but looking out for others is also a form of looking out for oneself'. The point of whatever it was I just typed up there is -- every person has a slightly different take on the meaning of a word, so quit quibbling on the details http://forum.shrapnelgames.com/images/icons/tongue.gif http://forum.shrapnelgames.com/images/icons/icon10.gif http://forum.shrapnelgames.com/images/icons/icon6.gif |
Re: Copywrite laws are they to vague?
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Re: Copywrite laws are they to vague?
Corporations don't need to be able to own copyrights or trademarks indefinitely in order to profit from producing products, as long as no one else is allowed to sell (or give away) the majority of complete pieces of work that they actually produced.
Notice that plenty of money has been made by corporate media making films about history or pre-copyright literature. Also notice that much of the media produced by megacorps that is capitalizing on their monopoly of "intellectual property" turns out to be really bad, usually because the corp only cares about cashing in to the max, sees it has a monopoly on something popular, and decides to minimize the production quality precisely because its overriding purpose is to maximize profit. PvK |
Re: Copywrite laws are they to vague?
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Unless I'm mistaken, Gene Roddenberry invented Spock, and he died. I'd say it would be fine if humanity could inherit the right to use his literature without fighting about who first invested in the rights to use it decades ago. The absence of copyrights on pre-(c)/pre-TM literature isn't causing problems, and megacorps continue to profit from using such creations, even though I still don't agree that megacorp profits are something to try to protect. After all, they only exist to increase their own wealth and power, so they can continue to do the same thing, until they own it all, or as much as they can get away with - megalomania without the megalomaniac. Quote:
Untrue. Handing out my own Versions of TOS characters will have little or no impact, and might even help, Paramount sell their own junk based on Roddenberry's work. Big deal. Quote:
</font><hr /></blockquote><font size="2" face="Verdana, Helvetica, sans-serif"> You're playing definition games, and I'm not really interested in the particulars of actual legal definitions. If fan art is illegal and a threat to corporations under the current laws, then I think the current laws are ridiculous. Quote:
I happen to appreciate their products, as you also presumably do. </font><hr /></blockquote><font size="2" face="Verdana, Helvetica, sans-serif"> I disagree. I would say, from what I have read of Shrapnel and MM's publications about their work (q.v. on this web site) and their goals, is that they exist because they want to publish and develop the kinds of games that they really like, and be able to avoid working for a megacorp doing uninteresting junk to maximize profits. If maximizing their profits were their reason for existence, they'd work in a different field, or concentrate on mass marketting trendy crap or trying to make a mega-hit, like the megacorps do. Quote:
You do not have the right to photocopy that drawing and hand copies out; you do not own copyright on "your" derivative work, WB does. </font><hr /></blockquote><font size="2" face="Verdana, Helvetica, sans-serif"> I think that's a bad thing. Bugs Bunny is the creation of Chuck Jones, who I believe died Last year (according to this article). Recent Bugs Bunny cartoons may be the work of wage slaves, well-paid minions, or computers of WB, Inc., but why is that system a good one? If I want to draw Buggs and xerox it, I'm not going to do anything negative to WB, Inc., from a realistic non-twisted-legal standpoint. I'd probably have a positive effect by reminding people of something WB sells. If that's defined as piracy, then it's just another abuse of the English language by legal texts. If I wanted to argue about stupid legal definitions, I might have been a lawyer... eeeew. http://forum.shrapnelgames.com/images/icons/icon12.gif Quote:
One, people started having some RESPECT for the concept of IP, and asked PERMISSION before displaying or distributing their fan art. Many companies would probably grant such permission -- look at how many offer "Fansite Webkits" to help people make fansites focussed on their IP look better ... and usually (if not always) offer the kits for FREE, one might add? Two, character likenesses were redefined as "trademark" IP, and not "copyright" IP. Three, the original constitutionally-mandated expiry dates were reinstated on copyright laws. Those three things, taken together, would IMO render the system as close to workably perfect as humanly possible. The first one is the one that's likely impossible ... it's the one that buts up against innate human greed and the "******* factor" alike. But, it's a darned sight more achievable than your (IMO) blue-sky-fantasy ideas of honor systems and free exchange of data, etc.</font><hr /></blockquote><font size="2" face="Verdana, Helvetica, sans-serif">Mainly because so many people just herd along without questioning the status quo, and buy into the existing system. Kind of like the Brobroba (sp? - OOPS! TM INFRIGNEMENT! $5000 dollar fine!) States, who refuse to believe in the existence of Warp Points. PvK [ June 26, 2003, 20:15: Message edited by: PvK ] |
Re: Copywrite laws are they to vague?
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The gist of it: I never said you were confused, I said you were misunderstanding what I posted. Confused would be the recipient having reduced mental faculties (I would consider saying confused in that situation unwarranted and an insult). Misunderstanding is a problem in the act of communication (and has absolutely no malice behind it), something being lost in the translation, so to speak. To attempt to rehash my position on the limits to be put on copyright (not even going to touch trademarks or patents here, that's a completely different 900-pound purple gorilla): Copyright should protect against what is commonly accepted as plagerism, but nothing beyond that. That means that no significant portion of the copyright-protected work can be used by someone else. With the changing-menu-color example, that would violate copyrights because the rest of the game most certainly constitutes "significant". However, if the game was reverse-engineered, and every piece of it was created independantly, taking nothing but inspiration from the original, then that does not violate the copyright. Another example: say a writer has a terrible case of writers block. The writer comes across a short story done by someone else, and begins writing with the story as a model; the writer doesn't take a single sentance fragment from the original, but does use the same characters (with different names), plot, setting, etc. That, in my view, is more than a bit unoriginal, but should not violate copyright... the writer's story is its own, nothing tangible was taken from the "original". (As a side note, I would personally think it proper to let the "original's" author and any readers know about the source of the story idea, but I don't think that should be mandated by copyright law). Also, there should be leeway given for personal use. There is already some in the current laws, but certain Groups are trying their damnedest to remove all personal copying. I think it's perfectly acceptable to do things like: make a backup copy of a CD, photocopy a poem and stick it on your wall, take a hex editor to SEIV and change menu colors (not to distribute, mind you!), multiple installations of software (several people on this board have more than one installation of SEIV on their computer), copy a DVD onto a VHS cassette so you can watch it with the VCR in the other room, etc. Not only are these legitimate uses in my view, but if copyright holders actually bother trying to collect payment for things so utterly trivial, then they seriously need to be institutionalized. |
Re: Copywrite laws are they to vague?
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Obviously, many changes happened -- the Spock character underwent significant changes, taking the place of the then-female first officer. Ergo, the character of Spock as we know him, was created by Roddenberry while he worked under contract to Paramount. Thus, he was acting as an agent of Paramount, so, Paramount has reasonable and fair claim on Spock, the character, as IP. This is in terms of logic, reasonable common sense, and not under the especial light of the law itself. [quote] Untrue. Handing out my own Versions of TOS characters will have little or no impact, and might even help, Paramount sell their own junk based on Roddenberry's work. Big deal.[quote] Really? When people can get something for free (your pics), why should they pay for almost-the-same-thing (Paramount's pics) ... ? Your free pics have denied Paramount potential sales based on their properties. [quote][b] You're playing definition games, and I'm not really interested in the particulars of actual legal definitions. If fan art is illegal and a threat to corporations under the current laws, then I think the current laws are ridiculous.[quote] And I think they're not. I think it IS important to stress, under the law, that if you take, for example, the characters and setting of Star Wars, and write novels that put them in situations and crises which George Lucas disapproves of, Lucas should have EVERY RIGHT to say "those are MY characters, that's MY setting, and you don't have permission to use them! Cease and desist!" And the law should back him up on that. Yet your story might have been intended as true fan art; perhaps you felt your stories owuld "add to the Star Wars legacy" in a positive way. Star Wars doesn't belong to you, though, so you have no right -- and should have no right -- to make that decision. FWIW, Lucas is still alive, and "life +25 years" would still cover all of SW. Quote:
Without profit, after all, they can't avoid the "work for a megacorp" bit. Quote:
Rare, IMO, is the corporation that truly DOES exist solely for profit's own sake. Even Micro$haft has other motives, at some levels of the hierarchy at least. Quote:
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Copyright relates to the rights to make ABSOLUTELY ANY KIND of copy. Period. [quote]I'd probably have a positive effect by reminding people of something WB sells. If that's defined as piracy, then it's just another abuse of the English language by legal texts. If I wanted to argue about stupid legal definitions, I might have been a lawyer... eeeew. http://forum.shrapnelgames.com/images/icons/icon12.gif [qb][quote] The law defines what you describe as an infringement; "piracy" is a common-usage term applied by people OUTSIDE the legal profession. Quote:
I find your blue-sky wishful thinking to be of no use in the real world. Sure, it'd be NICE if artists just kinda got PAID, commensurate with the appreciation of their work by society-at-large;; it'd be NICE if noone stole form anyoen else. But being nice doesn't make something possible. We live in a world where people lie, cheat, and steal. As a result, we need laws that provide legal redress AGAINST those who have lied, cheated, and stolen. Blue-sky wishful thinking won't change reality, no matter HOW hard you try to malign the corporate aspect of capitalism. Speaking of capitalism -- you wouldn't happen to be a socialist or communist, would you? Because you sure as hell sound like one! |
Re: Copywrite laws are they to vague?
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But yes, trying to make those legal ones illegal is quite the power grab. |
Re: Copywrite laws are they to vague?
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I can imagine someone in America around, say, 1770, defending King George this way : Quote:
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Re: Copywrite laws are they to vague?
Posted by Will :
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