Without evidence of benefit, an intervention should not be presumed to be beneficial or safe.

- Rogue Medic

SOPA Will Protect Monopolies From US

For American Censorship Day, in response to the proposed SOPA and PIPA legislation, this site will go dark tomorrow from 8 AM to 8 PM (Eastern Time – New York’s time zone).

SOPA and PIPA are about more than just privacy or copyright or due process, but I decided to address copyright.

Section. 8.

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;[1]

How does that work for current copyrights and patents?

Works created in or after 1978 are extended copyright protection for a term defined in 17 U.S.C. § 302. With the passage of the Sonny Bono Copyright Term Extension Act, these works are granted copyright protection for a term ending 70 years after the death of the author. If the work was a work for hire (e.g., those created by a corporation) then copyright persists for 120 years after creation or 95 years after publication, whichever is shorter.[2]

95 to 120 years for copyright.

Under current US law, the term of patent is 20 years from the earliest claimed filing date.[3]

20 years for a patent, which includes the time during which approval is being sought from the FDA (Food and Drug Administration to sell the product.

I guess big pharma is not able to manipulate Congress as effectively as Disney.

The purpose of copyrights and patents is to provide exclusive government protection for the people who create things that are important without depriving everyone of the use of these things. Why would an author/artist/composer/et cetera need protection for something for 70 years after death?

How does this encourage creativity?

nor be deprived of life, liberty, or property, without due process of law;[4]

How does eliminating due process, in this area, protect Americans?

Footnotes:

[1]
The Constitution of the United States
Article I, Section 8
Wikipedia
Full transcription

Section. 8.

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

To borrow Money on the credit of the United States;

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

To establish Post Offices and post Roads;

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

To constitute Tribunals inferior to the supreme Court;

To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;–And

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

Highlighting of the Copyright Clause is mine.

Wikipedia will not be available on Wednesday in protest of SOPA and PIPA.

More information is available here.

[2] Copyright law of the United States
Wikipedia
Article

Wikipedia will not be available on Wednesday in protest of SOPA and PIPA.

More information is available here.

[3] United States patent law
Wikipedia
Article

Wikipedia will not be available on Wednesday in protest of SOPA and PIPA.

More information is available here.

[4] United States Bill of Rights
Wikipedia
Fifth Amendment
Article

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Wikipedia will not be available on Wednesday in protest of SOPA and PIPA.

More information is available here.

.

Comments

  1. Sadly I can just hear it now from all the people eating their bread while watching the circuses. “If you have nothing to hide, you have nothing to fear”. Draw your own mental pictures from there. Wouldn’t want to step afoul of the great and powerful Oz. Oh crap, there I go again….

Speak Your Mind