The Mudcat Café TM
Thread #17684   Message #788242
Posted By: GUEST
20-Sep-02 - 02:22 PM
Thread Name: The Purpose of Copyright
Subject: RE: The Purpose of Copyright
http://www.techcentralstation.com/1051/techwrapper.jsp?PID=1051-250&CID=1051-080502B

This is an article called "Copy Fighting" by Tom W. Bell of the Chapman University School of Law. Bell argues against "natural rights" justifications of copyright and patent: "I conclude that copyrights and patents represent notable exceptions to the default rule that a free people, respecting common law rights and engaging in market transactions, can copy original expressions and novel inventions at will." He argues that copyright and patent are forms of state welfare: "We might call copyright and patent protection 'ACPE,' for 'Aid for Creators with Positive Externalities.'" He concludes that, because of the imbalance between the special interests' ability to influence the legislature, and ordinary individuals' much smaller ability, "the best options for effectuating reform of copyright and patent law remain the standbys of reformers everywhere: long-shot legal claims, the diffuse effects of popular opinion, and long-term academic debates."