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View Diary: Universities Gang Up On An Artist And The First Amendment (35 comments)

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  •  This wouldn't turn the publishing world upside... (1+ / 0-)
    Recommended by:
    thestructureguy

    down.  What?  You can't differentiate between news and art?  The NFL and MLB protect their marks and names, and copyright the broadcasts of their games.  The photos and videos that are in the paper and on tv are there because the league has given the journalists permission to be at the game and take them.  Schools sign agreements with companies like CLC with full knowledge that they will have to file and/or participate in these suits.  They are protecting a their own financial interest.

    "If you want to live like a Republican vote Democratic." Harry S. Truman may have said this.

    by duckhunter on Tue Jul 20, 2010 at 10:26:20 AM PDT

    •  "They are protecting their own financial interest (1+ / 0-)
      Recommended by:
      bronte17

      Yes -- that is the problem pointed out, that they've been given, to some extent, a financial interest in other people's work because of foolish IP laws that treat ideas like objects.

      A trademark has turned from a mark to identify the producer of an object into a protected entity in and of itself, an object. Copyright has gone from a limited right to a monopoly on verbatim copies of a work to a practically unlimited right of a monopoly on the ideas underlying that work. Patents have gone from a limited monopoly on the production of a design to an almost unlimited right on vague design principles.

      Alabama should have no financial right to protect here. The entire concept is a fundamental breach of free speech, no less egregious because it is commonly accepted.

      •  But they believe they have a claim and they are.. (1+ / 0-)
        Recommended by:
        thestructureguy

        pursuing.  It's in the best interest of the university, it's too valuable not to take steps to protect.  IP rights are stringent because they protect valuable property.

        "If you want to live like a Republican vote Democratic." Harry S. Truman may have said this.

        by duckhunter on Tue Jul 20, 2010 at 11:04:29 AM PDT

        [ Parent ]

        •  It's not in the best interest of the university (0+ / 0-)

          as an institution. It's killing the university.

          It's in the best interest of the university administrative class, that get to make 500k a year plus expenses, a free house and a car, plus gardeners and maids.

          It's not in the best interest of university grad students who believe they are getting an apprenticeship to a faculty position and instead get used as dishwashers. It's not in the best interest of the students, who become tertiary to the universities revenue stream. It's not in the interest of faculty who get reduced from being knowledge analysts to being data-producers.

          It's in the interest of the corporation that runs the university. That may be the legal entity of interests to lawyers and MBAs -- but the university long predates the private corporation and will long outlive it.

          It's obvious why the legal entity of "Alabama" chooses to pursue this case -- that's a matter of fact, not a matter of ought. Just as it's clear why ambulance chasers chase ambulances, why grifters con people, why Goldman-Sachs is robbing America blind.

          Those questions are trivial. The real question is whether something is very wrong with a university who primarily thinks in term of IP protection. It's counter to the very identity of universities, what distinguishes them from BP and Archer-Midland.

    •  But if I go to an Alabama football game (1+ / 0-)
      Recommended by:
      One Pissed Off Liberal

      and take my own photograph, it's mine and I can sell it to whomever I like, including newspapers.

      I never liked you and I always will.

      by Ray Blake on Tue Jul 20, 2010 at 12:01:09 PM PDT

      [ Parent ]

      •  That might not be the case. Ever been to an MLB (0+ / 0-)

        or NFL game?  Before the game begins they announce that photography is prohibitted.  They don't enforce it obviously but if tried to sell the pictures you took at the game they would.

        "If you want to live like a Republican vote Democratic." Harry S. Truman may have said this.

        by duckhunter on Tue Jul 20, 2010 at 12:19:07 PM PDT

        [ Parent ]

        •  I'm watching the Giants-Dodgers right now (0+ / 0-)

          and there are cameras everywhere. I've never heard an announcement like that at an MLB game. Maybe I tune out the public address.

          I never liked you and I always will.

          by Ray Blake on Tue Jul 20, 2010 at 09:42:25 PM PDT

          [ Parent ]

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