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View Diary: Supreme Court to review first-sale doctrine in copyright law (214 comments)

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  •  Reproducibility. (0+ / 0-)

    If I built a bridge, it's there, it's done.  My work was not the idea of the bridge, it was the labor of building the bridge.  Even if I designed the bridge rather than buy the design from an architect, then the IP would be the design of the bridge and the product would be the bridge itself.

    The difference is that one can be reproduced and one can't.  I could build another bridge with the same design, but that's not a duplication of the original bridge, it is a reproduction from the original design.

    If I designed a bridge and sold it to a couple people and they produced bridges from my designs (and maybe I do too) then they probably own the bridge or sold it to whoever, but that doesn't mean they can claim the design of the bridge as their own.

    The way the laws are written, it is almost like they are made to provoke questions like yours.  It's a good question, especially when it comes to software (like Microsoft office, for example) which isn't really 'produced' at all, it exists more or less in it's designed essence.  Our manufacturing world and the natural development of laws has not evolved completely enough to deal with this problem correctly, and so we have growing pains such as those described in these threads that are pasted over with 'solutions' like copyright law.  It's not a perfect or even correct solution, but it will stay in place for as long as the people creating content that is regulated by it are satisfied.

    I've already rambled away from the initial point (there's a difference between producing an item from a design, and producing a design itself) into a related topic (laws evolve and are imperfect) but I'm going to take it one bridge further and suggest that someday we may be able to reproduce items themselves, like the aforementioned bridge, and in those days law suits will abound and maybe the relevant laws will actually be made in the proper context.  We are getting there with 3d printing, so maybe those days will come soon.

    "Never let your sense of morals get in the way of doing what's right." - Isaac Asimov

    by Aramis Wyler on Mon Apr 23, 2012 at 11:15:39 AM PDT

    [ Parent ]

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