Just cause the same name, melody line or image…….
…..Is created by more than one person, doesn’t mean that only ONE person gets to own it.
That’s at the core of my complaints about copyright, trademark and patent law. As I’ve said before I have experienced situations in my life where I invented something (whatever it was) that I couldn’t use - ’cause somebody “came up with it first!”
And when John Doerr yelled at me about NOT patenting ‘timelines’ (so we could exploit it and monetize it better) - I yelled back “No! John, I’m proud of the fact that we didn’t patent timelines!”
So I’ve been fighting this battle and dealing with this conundrum for over 20+ years. Creative expression is a pure statement, something that can’t and shouldn’t be altered or effected by laws, social nroms or pre-conceieved notions.
So I officially say “this whole system sucks!” If we can’t do whatever we want as a form of creative expression - then we’ve lost the war. Let’s all just go read the New Yorker and DEBATE on “what is art”. Cause there won’t BE any art after that.
We need to protect ALL the ways that people can express themselves and trademarks prohibit that.
IMHO
And if Valleywag thinks “that kinda means you didn’t come up with them” - well I officially disagree. This is about creative expression and just cause laws define who can own what, when and under what situation - doesn’t make it right.
This whole thing is bigger than Tim O’Reilly being ‘piled on’. Its about fairness when it comes to creative expression.
Valleywag was pretty rude to me when he eluded “I didn’t come up with those names”. Of course I did! The fact that I can’t USE THEM, exploit them, monetize them; is all about being first, having the right lawyers or money to invest in protecting (i.e. stealing) it from everyone else.
A-B-CD, E-F G, Bah BahBlack Sheep and Twinkle Twinkle all have the same melody line. Did they get sued for copyright infringement?
June 1st, 2006 at 3:15 pm
The three songs all use an acknowledged original melody, actually.
http://en.wikipedia.org/wiki/Twinkle_twinkle_little_star#Other_appearances_of_the_melody
That is, they didn’t come up with it.
June 1st, 2006 at 11:20 pm
And once again, Marc, I ask: how do you guarentee that that bottle marked “Coca-Cola” contains Coca-Cola, and not a foul-tasting knock-off? That’s a benefit to consumers, as much as it is to Coca-Cola.
June 2nd, 2006 at 12:06 am
A little game you can play - try singing alternate lines to BBBS and TTLS, as in
Baa baa black sheep have you any wool?
How I wonder what you are.
etc.
June 7th, 2006 at 7:13 am
People such as Ian above make a common mistake, which is to confuse protection of content (patents and copyright: recipes, melodies…) and identity (trademark, personal name).
The latter merely protects integrity of a person or brand, and prevents impersonation.
There is a big difference between
1. copying content, and
2. pretending to be someomne who you are not.
Concerning Coca-Cola, without patents others might copy the drink but not call it Coca-Cola when it isn’t.
June 15th, 2006 at 10:13 am
翻译
December 10th, 2006 at 4:19 pm
d41d8cd98f00b20