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Originally Posted by Ninjalawyer
I agree, the laws as they are don't support what you would like to be true about intellectual property, which I think we agree on and this could be changed. But you haven't provided any compelling reason for this change, which is what I was hoping for. Yes,
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The only compelling reason I need is that it's my property; not society's. It doesn't have to serve a greater good in order to gain protection. Protecting the property of individuals is reason enough. But if they feel the need to engage in legalized theft, then so be it. Not a thing I can do as an individual to prevent it.
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I disagree, for the reasons I've already said above. It's useful for creators to be able to remix old stories and characters and it benefits society at large. A large number of Disney classics are based on public domain works (Sleeping Beauty, Cinderella, etc.), and our culture is better when new creators can innovate on old ideas and expressions.
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Disney doesn't rely solely on public domain. They've created their own works and purchased the rights of other works to create their media. If Mickey never makes it to PD, society is no worse off.
What's really at stake here is money. Third parties are chomping at the bit to get their hands on Disney's catalog so they can turn around and repackage it for a profit; with no attempt made to create a derivative work.
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And again, letting someone lock up an expression or an idea forever hurts society in a more subtle way - it encourages creators to rest on their laurels rather than create new works. m
Any way you look at, the idea of patents rights or copyright that never expires makes no sense. It flies in the face of the purpose of ip rights, and benefits no one.
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"an expression or an idea" - that needs specific defining in order to comment. Basically, my stance is that ideas are free for the taking; implementation is another matter and something possibly worth protecting.
The free market is a wonderful place. If someone has something you want; buy it. Not sure what the Doyle estate was charging, but they clearly had no problem with derivative works; just as long as the rights were purchased. If you're not satisfied with the terms or the seller refuses to sell, then create your own product.