AC640 Government, Public Policy, and the Law (Political Communication) :Law and Ethics [6]
论文作者:None论文属性:讲稿 Lecture Notes登出时间:2007-07-25编辑:点击率:27498
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s, while American consumers continue
to import large quantities of foreign goods—for example, more than 70% of the goods
sold at U.S. Walmarts in 2004 were made in China--(data from the AFL-CIO)—American
firms make huge profits from licensing scientific, technological, and cultural products to
overseas interests. More than 50% of U.S. exports are now intellectual property-related.
American military power itself becomes an essential part of ensuring America’s control
over trade in intellectual property and trends in global trade policy that benefit the U.S.
and other Western countries relative to underdeveloped nations. Powerful corporate lobby groups like the Intellectual Property Committee have made it
their mission to increase corporate control over intellectual property through their
influence over negotiations at the World Trade Organization, recent rounds of which
have concentrated on services and intellectual property. Defenders of these rights argue
that such protection is necessary to ensuring that creators of new ideas are rewarded;
otherwise, cultural and intellectual workers will have no incentive to produce and
innovation will die. Perelman counters that most of the profits never get to the people
actually create the ideas, but rather go to the corporations who employ them and
who
the shareholders who own the companies. While Perelman argues that inventors and
creators deserve compensation for their work, patent and copyright ultimately ends up
profiting companies rather than people, shifts the profit focus of these companies from
manufacturing and service to the easier profits in IP, and robs the culture of its vitality
and intelligence. Perelman closes his chapter on discouraging terms, arguing that the
future of the Western economies is one potentially characterized by unproductive and
inhumane activities (p. 43):
“The way that the current regime of intellectual property rights is unfolding leads us to
expect that the ultimate result of the continued expansion of intellectual property
rights will be an economy dominated by secrecy and litigation. Technical progress will
be stunted, while intellectual property rights distort the economy in ways that
disadvantage all but the fortunate few.”
e. creative resistance to intellectual property law: civil disobedience and
“copyleft”
Perelman provides a historical analysis of intellectual property law and criticism of it. But
creative challenges to such law are very much part of the contemporary scene, and
among these are Tom Forsythe’s “Barbie” art and the efforts of the copyleft movement.
Tom Forsythe is a Utah-based artist who uses Barbie dolls in his art. While claiming “fair
use” (in Canada and the U.K., “fair dealing”), Forsythe has been sued by Mattel for
breach of copyright. See his website at the Rogue’s Gallery for images of his subversive
Barbie doll artworks, and a record of his ongoing legal battle with Mattel. A more intellectual response to copyright, and one that gives formal legal expression to
recent phenomena like the open source movement (e.g., Linux), peer-to-peer file sharing
online, the Wikipedia encyclopedia, and other attempts to resist what is felt to be the
corporate takeover of intellectual property law, is the “copyleft” movement. Led by major
Copy Leftists like Richard Stallman (GNU) and Lawrence Lessig, the “copyleft” concept
is meant to offer an alternative
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