tag:blogger.com,1999:blog-3758330678390419129.post7612702971728619981..comments2024-02-13T02:39:22.756-05:00Comments on EconomicPolicyJournal.com: A Peek at My Book on Intellectual PropertyRobert Wenzelhttp://www.blogger.com/profile/14296920597416905488noreply@blogger.comBlogger8125tag:blogger.com,1999:blog-3758330678390419129.post-58334459933145284172009-05-27T13:53:17.376-04:002009-05-27T13:53:17.376-04:00@Erick
Actually, I have quite a few thoughts on t...@Erick<br /><br />Actually, I have quite a few thoughts on this, which would apply to people who originally invent the wheel up to and including those who right a unique text, such as, The Old Man and The Sea. <br /><br />It's really too broad a topic to cover in a comment on a blog site, so it will have to wait until the book. I do think my thoughts resolve a lot of dilemmas for those who cry Robert Wenzelhttps://www.blogger.com/profile/12653378186315529211noreply@blogger.comtag:blogger.com,1999:blog-3758330678390419129.post-12607674672188752092009-05-27T12:46:03.063-04:002009-05-27T12:46:03.063-04:00This is an interesting topic, one needing much att...This is an interesting topic, one needing much attention. So I am excited to hear more about the book!<br /><br />I am curious about where you place the burden of proof:<br /><br /><I>Rather than the current system of whoever is first in line gets copyright/patent protection. It is whoever, beyond a reasonable doubt, has independently done the creation.</I>When someone disputes the independence Erickhttps://www.blogger.com/profile/02652955951641649620noreply@blogger.comtag:blogger.com,1999:blog-3758330678390419129.post-13913734830462369202009-05-26T07:24:29.210-04:002009-05-26T07:24:29.210-04:00Please refer to the previous discussion on my repl...Please refer to the previous discussion on my reply to this. <br />Copyright, whether private or state protected, is not about ideas as such, but about behavior. Copyright does not protect your ideas from somebody else knowing it, but restrain specific actions following from this knowledge. Libertarian theory fully allows for contracts regarding action, or the restraint of action.James Rothfeldhttps://www.blogger.com/profile/13736360504613645547noreply@blogger.comtag:blogger.com,1999:blog-3758330678390419129.post-82752302234939858362009-05-25T20:29:56.645-04:002009-05-25T20:29:56.645-04:00I don't want to belabor this issue. I think that o...I don't want to belabor this issue. I think that our disagreement is as I described it in my first post on this page. There aren't any issues of fact in contention. There is no empirical difference between our positions. We simply disagree on what amounts to an opinion.<br /><br />Can an idea or a pattern be owned? Obviously it can in a legal sense, but beyond that it's not a question which can Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3758330678390419129.post-74774348610069490072009-05-25T17:02:57.869-04:002009-05-25T17:02:57.869-04:00First, I must quickly object to your saying that H...First, I must quickly object to your saying that Hemingway has no right to think something illegal, you are thinking in the aggregate as a statist again. I don't want to debate the fine points here. That's another book and another debate,but I reject "illegality" as being determined by the state or any other group of people.<br /><br />I can live with you calling it a penalty clause (But, in factRobert Wenzelhttps://www.blogger.com/profile/12653378186315529211noreply@blogger.comtag:blogger.com,1999:blog-3758330678390419129.post-55839986075326102722009-05-25T13:38:05.730-04:002009-05-25T13:38:05.730-04:00To your first question, no, there is no reason why...To your first question, no, there is no reason why Hemingway could not create such a contract. There is a huge flaw in the agreement, though. Contracts are agreements regarding two or more party's behavior. It makes no sense for the penalty clause to be that Hemingway will consider my actions illegal. <br /><br />This is very important. Who cares if he thinks it's illegal? His opinion does not Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3758330678390419129.post-2692415859663023322009-05-25T12:44:53.209-04:002009-05-25T12:44:53.209-04:00Let me ask you, if Hemingway shows (or sells) the ...Let me ask you, if Hemingway shows (or sells) the book to anyone else and pre-states, I am showing/selling this book to you on the condition that you do not copy it and further that you issue this same clause, against copying it, to anyone you show the book to. If I find you have violated my agreement with you, I shall consider it theft of my property, in the same way that would consider it Robert Wenzelhttps://www.blogger.com/profile/12653378186315529211noreply@blogger.comtag:blogger.com,1999:blog-3758330678390419129.post-19698117796278030992009-05-25T12:18:27.195-04:002009-05-25T12:18:27.195-04:00Robert, I think your position on intellectual prop...Robert, I think your position on intellectual property is essentially one of normative issues, and not one of factual issues.<br /><br />Your paragraph about <I>The Old Man and the Sea</I> captures this. There aren't any factual issues worth debating in that example. It's obvious that only one person could reasonably be the author of that novel. The second party must therefore have copied the Anonymousnoreply@blogger.com