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Taiwan Rejects US Copyright Extension Demands 310

An anonymous reader writes "Taiwan has rejected the US's demand to extend copyrights from 50 years to 70 years. Here's the news article on the Mercury News."
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Taiwan Rejects US Copyright Extension Demands

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  • by billstr78 ( 535271 ) on Saturday October 12, 2002 @01:02AM (#4435867) Homepage
    I'm with the protesting students. Haven't the heirs of these long since dead artists recieved enough royalties from thier work? I am all for *certain* people getting paid for what they create, but the patent holders need to take some cues from Linus Trovolds and learn how to sustain on the satisfaction of millions gleaning pure joy from your creation. Not Money.
    • by hey! ( 33014 ) on Saturday October 12, 2002 @03:06AM (#4436201) Homepage Journal
      It's not the heirs of the people who did the work who hold the copyrights -- it's the companys they sold their work to.

      It sounds0 to me that you are somehow against posthumous copyright. There is a good reason for there to be some posthumous copyright -- it enables authors to enjoy some of the future value their work will generate within their lifetime.

      However, once the copyright has been effectively relinquished by the author, either by actual sale of the copyright or by granting of exclusive licenses to a corporation, there is little rational reason for a copyright term more than ten years, at least if you think the purpose of copyright is to reward authors. Events more than ten years out simply don't factor into any corporate decisions, and therefore do not contribute to the price authors receive from their works.

      The position of creative people with respect to copyright is different from corporate entities -- it is more balanced. While the ability to claim exclusive benefits from their own works are good for them, they are restricted from working with other author's materials. It follows that copyright terms over ten years (except for material that remains within the full control of the author), are a pure evil for authors, since its restricts their ability to create on one hand, and compensates them with nothing on the other.
      • Wow, that makes a lot of sense. Well phrased. So it all boils down to what is it that they want to do:

        ie: companies/individuals of a country have very valuable assets, which they have been enjoying for 45 years, why not want to keep the revenue for 25 more years? If they lose it, then your country loses that copyright to the "world". So hence, trying to push foreing countries to accept US mandated laws.

        All in all, I think much of the problems in the the world economy is each country has to protect their own assets, who cares if it is right or wrong to have a company that bough the copyright from a now dead guy, and that didn't pay a dime for next 20 years of revenue (which 10 years ago would have been priced near $0 as you say), actually profits or not exclusively from it?

        The only solution i can foresee is to have the copyright extended to the goverment, and use the copyright in the best way possible. But we also know the goverment can't handle things. Maybe attach some general public copyright with certain restrictions (ie: using it, you are bound to the terms of a license which benefits the entire American population)?

        If there where no countries, you'd see regions pushing the World Goverment, to accept these licenses. And the regions pushing it would be the ones having the most valuable copyright assets (and it wouldn't matter to them if those are fair, the author is dead or they have already profited more than they have paid for).
        • I mean, the problem here is that your region is better of trying to fuck up societies rights in general, so the copyright owner, that produces / lives / contributes to a given region can keep doing it.

          That would be the bottom line of the why. If this wantn't the case, it would be 100% lobby to go against the entire population desires, and to put a burden to the global economic efficiency.
    • the patent holders need to take some cues from Linus Trovolds and learn how to sustain on the satisfaction of millions gleaning pure joy from your creation. Not Money.

      Marge: "Well, Homer, maybe you can get some consolation in the fact that something you created is making so many people happy."
      Homer: [sickly sweet] "Oh, look at me! I'm making people happy! I'm the Magical Man from Happy-Land, in a gumdrop house on Lollipop Lane!"
      [leaves the room, slamming the door]
      [pokes his head back in]
      Homer: "Oh, by the way, I was being sarcastic."
      [closes the door]
      Marge: "Well, DUH!"
      -- The Simpsons, episode 8F08: "Flaming Moe's" [snpp.com]

  • Does this mean that I can sue Taiwan for patent/copyright infringement?
  • They Can (Score:5, Insightful)

    by Martigan80 ( 305400 ) on Saturday October 12, 2002 @01:03AM (#4435876) Journal
    Well it is well with in their rights to do so. What is America going to do raise the tariffs? Better yet what is Disney going to do? Not a damn thing. They can try to not sell movies anymore but then again where do you think a good portion of the bootlegs come from? Beside living overseas for a while I have noticed that American media "takes" allot of idea from foreign TV and adds them into theirs and visa-versa.
    • Re:They Can (Score:2, Interesting)

      by Dr. Spork ( 142693 )
      What is America going to do raise the tariffs?

      America could say "Listen... Our way or the Mainland way!" These are the advantages of being a super-empire.

    • Taiwan has rejected the US's demand to extend copyrights from 50 years to 70 years.

      In unrelated news, the RIAA has produced "evidence" (resembling a large brown bag with '$' emblazoned on the side) that Osama Bin Laden has fled Iraq and is currently residing in Taiwan.

      Dubya has been quoted as saying "well jeest ta be sher we shoord nookum both"
  • by Andy Tai ( 1884 ) on Saturday October 12, 2002 @01:03AM (#4435877) Homepage
    In 1995 or 1996 due to US pressure copyright protection was extended from 10 to 50 years.

    Now the US wants 70 years.
    • Because Europe wanted, and got, 70 from the US. Not having actual parity makes it a bum deal.
      • 'Europe wanted 70 years'? Which countries? A British minister (in an answer to a question in parliament) said that treaty obligations prevented restoring the older copyright term of 50 years, as if that was the reason why.
        • I believe France already has a 70-year copyright law, while a lot of other countries (like Holland) have 50-years copyright law. So like most laws in Europe, the most stringent law survives.
        • by Anonymous Coward
          On 1 Jan 1996 the copyright term throughout the EU was extended to life + 70 years by directive. This directive [asu.edu] was published in 1993, back when it was the European Economic Community (EC or EEC).

          The principal argument in the US Congress for passing the Sonny Bono copyright extension (in 1998) was to achieve parity with this.

          If you read article 7 of the EU directive, you will see that this question of parity was, and is, a real concern. In Europe, copyrights would last 20 years longer on European works in comparison to US works, unless the US extended copyright terms as well.

          Personally, I feel that this is not reason enough to justify a copyright extension in the US. But I am still seriously pissed off at the EU bureaucrats for being one of the instigators of this.
  • by raju1kabir ( 251972 ) on Saturday October 12, 2002 @01:04AM (#4435881) Homepage

    Perhaps they'll serve as inspiration to other countries.

    There are a whole lot places that lose out on this - places that don't have giant entertainment industries with 100-year back catalogs to recycle endlessly.

    Can anyone explain further how the harmonization treaties work, and whether everyone is for some reason actually bound to follow the US' lead?

  • by billstr78 ( 535271 ) on Saturday October 12, 2002 @01:07AM (#4435891) Homepage
    Washington, Taiwan's main trading partner and arms supplier, has said the island's failure to protect intellectual property rights is causing hundreds of million dollars damage annually to U.S. recorded music, software and motion picture industries.

    But pirating music and software is what makes Bill Gates and Brittany Spears "Super-Stars Number One !!!! {:>" in those countries minds.
  • Damage... Yes... (Score:5, Interesting)

    by Flamerule ( 467257 ) on Saturday October 12, 2002 @01:08AM (#4435895)
    Washington, Taiwan's main trading partner and arms supplier, has said the island's failure to protect intellectual property rights is causing hundreds of million dollars damage annually to U.S. recorded music, software and motion picture industries.
    Oh, that's great! So the slump in music industry revenue is due to Taiwan's copyright protection lasting 50 years, instead of 70 like the US... I suppose the RIAA can stop lobbying Congress to lock down all our computers now, and focus instead on squeezing those last few hundred million dollars out of Taiwan.

    What's that you say? The movie industry is enjoying record profits? How is this possible, when in addition to Taiwan's criminal 50-year copyright protection, Jack Valenti assures me that 50 TB of pirated movies in DivX flows through the Internet each day?

    Right....

    • Dammit! (Score:3, Funny)

      by FyRE666 ( 263011 )
      Jack Valenti assures me that 50 TB of pirated movies in DivX flows through the Internet each day?

      Well it didn't yesterday - I was out. How does Jack Valenti know what I'm doing anyway?! Have the RIAA been haxoring my box?!
    • "So the slump in music industry revenue is due to Taiwan's copyright protection lasting 50 years, instead of 70 like the US..."
      So now Taiwan is a threat to capitalism, the US's way of life and government. Therefore, it's an enemy of the US. I wonder if the US will respond with armed forces?

      Y'know, a couple years ago that would have sounded a lot less plausable..
  • Odd Move (Score:3, Interesting)

    by RAzaRazor ( 562318 ) on Saturday October 12, 2002 @01:08AM (#4435898)
    This seems like an odd thing to do. The US has been one of Taiwan's biggest supporter in their fight against the PRC.
    Personally, if I were in their situation, I wouldn't want to piss off anyone in the US. Especially not people in large industries.

    The legitimacy of the copyright extension still remains a question. But it's in their best interest to play along with whatever the US wants. They might tick some politician off (Senator Disney??), and then our carriers might not be in the waters between China and Taiwan the next time China decides to run "Routine Training Missions".
    • I think that the US needs Taiwan as much as they need us.

      I mean where would carnivals and fairs get their stuffed bannanas and funny bendy pens?

    • Re:Odd Move (Score:2, Insightful)

      by jon787 ( 512497 )
      Taiwan's decision is right for all the wrong reasons. They are just going to use that as a bargining chip for more arms or something, I guarantee it.
    • Re:Odd Move (Score:5, Insightful)

      by Hal-9001 ( 43188 ) on Saturday October 12, 2002 @01:36AM (#4435992) Homepage Journal
      In truth, I don't think Taiwan needs to worry too much about either China or the U.S. China has to be on its best behavior until the Olympics in Beijing, and you can bet that beating up on a smaller democratic and practically sovereign state would be frowned upon by the international community and probably get the Olympics yanked. And the U.S. is extremely dependent on Taiwan's high-tech manufacturing industries. This fact was made obvious a few years back, when a major earthquake damaged Taiwan's semiconductor manufacturing capabilities. RAM prices skyrocketed for about a year, until Taiwan got their semiconductor production back up to speed. So if for no reason other than cheap motherboards and RAM, pray for the safety of Taiwan.
      • Re:Odd Move (Score:5, Interesting)

        by lingqi ( 577227 ) on Saturday October 12, 2002 @02:54AM (#4436175) Journal
        besides; US has already backed out / backstabbed taiwan on the PRC thing.

        a few moons back the taiwanese president got carried away when vid-conferencing with some activists in the states and was (caught on tape) saything stuff like "yeah you know taiwan is really its own country from the start"...

        china got pissed and issued statements about "taiwan is disrupting the stability of the straits". taiwan't stock market dropped like 20% the following monday, and the taiwan president's office apologized profusely - along the lines of "yeah he didn't know what he was saying at the time / he does not represent our ideals / he was on acid" etc... all the mean while, the US basically said: "hey listen, if you piss off china and they come after you, you (as in taiwan) are on your own, and don't expect jack shit from us."

        which is, really, kinda sad. granted US has a good reason for this: china is a BIG market and there are tons of US money poured there(*1). point being: (1) I think after the US realized that the communist(*2) government are not impeding the free-trade capitalism taking root, they stopped being so rough on it; and to sacrifice a 386B "country" to a 4.5T market (with unbelieveable potential to grow)? yeah, of course. (2) it's kinda sad that the US would go and abandon one of its storgest (as in, most faithful) allies / followers / groupies for $$, as I personally believe this is what it boiled down to; but hey... this is capitalism -- and a wise man (don't flame me now ;^) -- the guy's name is Lenin) said that (a version of it, anyway) "a capitalist would sell the roap to hang another capitalist if it meant making money..." ha! this should go down in the history books as the perfect example.

        note(*1): China is the second most economically powerful country in the world, you know -- no joke -- not japan, not taiwan, not germany; (US GDP: 9.963T; China GDP: 4.5T; Japan (3rd) GDP: 3.15T; taiwan is at a measly 386B -- all figures are 2000 estimates from maps.com atlas

        note (*2) communist / communism is a misnomer since they (PRC) don't even call *themselves* communists! the first thing they teach in school's policital science classes is that perfect communism is unachieveable (i went through the class) so the (PRC) settles on socialism instead...
    • The legitimacy of the copyright extension still remains a question. But it's in their best interest to play along with whatever the US wants.

      Yeah, I agree. It almost sounds like they have some principles or something, what's with that?
  • Further reading (Score:5, Insightful)

    by harper18 ( 203383 ) on Saturday October 12, 2002 @01:12AM (#4435916)
    Regarding the 1998 Sonny Bono Copyright Term Extension Act, aka the "Steamboat Willie Preservation Act" and Lawrence Lessig, the lawyer who argued the case before the Supreme Court on Wednesday, there's a great article in this month's Wired magazine [wired.com] that gives a little bit of depth and insight on what the timely extension of copyright law means to the artistic world.

    The big problem, as Lessig sees it, is that continual extensions of copyright prevent anything new from entering the public domain. This is most ironic, notes Lessig, since Disney dredged the public domain for its most lucrative properties... Because of the Bono Act, Lessig asserts, "no one can do to Disney as Disney did to the Brothers Grimm."
    • Re:Further reading (Score:2, Informative)

      by SN74S181 ( 581549 )
      "no one can do to Disney as Disney did to the Brothers Grimm."

      Actually, the Brothers Grimm didn't create all those stories, either. They went around and collected from the oral tradition. So it's not theirs either.
      • Re:Further reading (Score:3, Insightful)

        by rseuhs ( 322520 )
        Now let me get that right:

        When the Grimm brothers take something from the public domain and remake it, "it's not theirs".

        But when Disney does it, it is not only theirs it also should be protected for decades and decades?

    • Re:Further reading (Score:3, Interesting)

      by bstadil ( 7110 )
      "no one can do to Disney as Disney did to the Brothers Grimm."

      This is a real bad example even though I agree with Lessig. The Grimm Bothers didn't invent or created the stories as such. They collected and wrote up old German folk tales and made them available so they could be read and cherished.

      A much better example is H.C. Andersen. He created the story about the Little Mermaid, The Little Tin soldier, etc.

      No sure what Disney stole other than the Mermaid.

      By the way. Steamboat Willie aka Mickey was lifted from a Buster Keaton film.

      • Re:Further reading (Score:5, Interesting)

        by x136 ( 513282 ) on Saturday October 12, 2002 @02:26AM (#4436121) Homepage
        This is a real bad example even though I agree with Lessig. The Grimm Bothers didn't invent or created the stories as such. They collected and wrote up old German folk tales and made them available so they could be read and cherished.

        That's exactly the point. They took something in the public domain and remade it, and when that entered the public domain, Disney remade it. Except that now, Disney's remade versions aren't passing into the public domain to allow the next generation of interpretation.
        • Re:Further reading (Score:4, Insightful)

          by mpe ( 36238 ) on Saturday October 12, 2002 @03:26AM (#4436223)
          They took something in the public domain and remade it, and when that entered the public domain, Disney remade it.

          This is what people have done since prehistory.

          Except that now, Disney's remade versions aren't passing into the public domain to allow the next generation of interpretation.

          Copyright is fairly new idea. It was invented when the printing press originally as a way for the state to control who could use that then new invention. This was later revised into copyright V2 which gave rights to the author, rather than the publisher. This is the version the writers of the US constitution used as a model.
          Since then copyright has grown both in length and scope, such that it is completly out of step with "the next generation of interpretation". Not a problem for the big corporate publishers though, since they can easily cross licence with each other, but a big issue for those outside that cartel.
      • Re:Further reading (Score:5, Informative)

        by Redline ( 933 ) on Saturday October 12, 2002 @02:58AM (#4436182) Homepage Journal
        No sure what Disney stole other than the Mermaid.

        Jungle Book from Rudyard Kipling.
        Alice in Wonderland from Lewis Carroll.
        Peter Pan from J.M. Barrie

        That is just the animated features. Most of the "classic" Disney films are based on works with expired copyrights. (Black Beauty, 20000 Leagues Under the Sea, Heidi, etc.) Have a look at this list of books [pdimages.com] that have lost copyright and passed into the public domain. Then count how may are Disney flicks.

        Disney had a rich culture of stories to draw from and reinterpret. They are trying to prevent the next generation of storytellers and media producers from doing to them what they did to earlier content creators.

        • More (Score:3, Informative)

          Disney even stole stories from various Japanese anime series.

          Lion King - based on "Kimba the White Lion", an anime series from the '60s (do you see the resemblance? "Simba" - "Kimba").
          Atlantis - based on "Nadia and the Secret of Blue Water", made by Studio Gainax (which was based on books by Jules Verne, but at least Gainax give credit).
        • Peter Pan from J.M. Barrie

          No, Peter Pan was probably licensed. GOSH [gosh.org], a hospital in London, holds a statutory perpetual copyright [wikipedia.org] on Peter Pan throughout the UK (I'm not sure about the EU). Either Disney licenses Peter Pan, or Disney can't sell Peter Pan in DVD region 2.

      • Re:Further reading (Score:5, Informative)

        by Gumshoe ( 191490 ) on Saturday October 12, 2002 @07:43AM (#4436505) Journal
        No sure what Disney stole other than the Mermaid.


        The complete list of Disney films that were adaptations of works in the public domain.

        20,000 Leagues Under The Sea
        Alice In Wonderland
        Beauty and the Beast
        Cindarella
        Hunchback of NotreDame
        Jonny Appleseed
        Jungle Book
        Kidnapped
        The Little Mermaid
        Mulan
        Paul Bunyon
        Pinocchio
        Sleeping Beauty
        Sleepy Hollow

        By the way. Steamboat Willie aka Mickey was lifted from a Buster Keaton film.


        The Buster Keaton movie, Steamboat Bill, was not in the public domain. However Steamboat Willie was a parody of the film, which constitutes fair use of the copyrighted work.
        • AFAIK, the copyright of Steamboat Bill has expired which was only 14 years at that time and Disney had to wait a bit until it was expired before publishing Steamboat Willie.
          • AFAIK, the copyright of Steamboat Bill has expired which was only 14 years at that time


            The copyright duration at the time of Steamboat Bill (1928) was 56 years. This period was set in 1909 [cni.org].

            and Disney had to wait a bit until it was expired before publishing Steamboat Willie.


            Steamboat Bill was published in 1928 [imdb.com]. Steamboat Willie was published in the same year [imdb.com].
  • Wise decision (Score:5, Insightful)

    by Jinjuro ( 523623 ) on Saturday October 12, 2002 @01:12AM (#4435919) Journal
    Copyright was designed to give the creators of some kind of intellectual property a reasonable amount of time to profit from their creation before opening it to the rest of society for use in derivative works, not to tightly control use of one's works, even long after they may have been dead.

    Its bad enough Taiwan's copyright duration was increased so much...10 years does seem a little short, but 50 seems too much, its still better than 70 or 99 though. It's good to see a country not give in to what was most likely pressure from the media.

    • Copyright was designed to give the creators of some kind of intellectual property a reasonable amount of time to profit from their creation before opening it to the rest of society for use in derivative works, not to tightly control use of one's works, even long after they may have been dead.

      As long as corporations are allowed to own copyrights (and otherwise enjoy rights of ownership), then copyright (and domain name) extension will be indefinite (or at least as long as the lifetime of the company, any of its subsidiaries, or to whomever its assets are sold in Chapter 7 liquidation).

      I'm not complaining, I'm just saying it like it is: once something is owned by a corporation, it will most likely be owned as long as possible.
      • As long as corporations are allowed to own copyrights (and otherwise enjoy rights of ownership), then copyright (and domain name) extension will be indefinite

        Not exactly. Copyright laws will either apply a fixed term of say 25 years plus whatever instead of life of the author plus whatever to corporate works (US law), or they will compute the life of the last surviving author based on (e.g. for films) the director, the screenwriter, and a couple other specified people (EU law).

    • Copyright was designed to give the creators of some kind of intellectual property a reasonable amount of time to profit from their creation before opening it to the rest of society for use in derivative works, not to tightly control use of one's works, even long after they may have been dead.

      Originally copyright was designed to give the state control over who could use the newly invented printing press. The version in the US constitution is the revised version. Note that profiting from the work isn't the intended end that is that the author continue to produce. Too long a copyright will have the opposite effect and they certainly can't produce anything after they are dead. (Ghosts and vampires more often are characters than authors...)

      Its bad enough Taiwan's copyright duration was increased so much...10 years does seem a little short, but 50 seems too much, its still better than 70 or 99 though.

      10 years is probably actually plenty. There can't be many works which having failed to make back their costs in 10 years would magically do so if they had an extra 40-80 years to do so. Indeed in many lines of publishing (movie and music industries) if something isn't making a profit in something around 10 months (or even 10 weeks) it's considered a "flop".
  • by Misch ( 158807 ) on Saturday October 12, 2002 @01:17AM (#4435932) Homepage
    Back at the MPAA Axis of Evil Headquarters:

    Underling: Drat! Those fools have thwarted our plans!!! What will we do now?

    Evil Overlord: Our choices are few. I decree that the only film we shall make avaliable to that country is Ishtar [imdb.com].

    Underling: Good plans, Evil Overlord Valentius! What will we do if that fails?

    Evil Overlord: Then we will unleash Scientology [slashdot.org] on them.

    Underling: Wait Evil Overlord! They're more evil than we are!

    Evil Overlord: Good point. We will force them to watch Grease non-stop over and over again instead. And we will replace the soundtrack with a soundtrack from one of those Anime movies.

    Underling: Now you're talking, boss!
  • Probably Politics (Score:5, Insightful)

    by Phoenix666 ( 184391 ) on Saturday October 12, 2002 @01:19AM (#4435941)
    Unfortunately this feels less like they're taking a principled stand against tyrannical U.S. copyright law and more like a simple bargaining chip in the greater U.S.-Taiwan relationship. China's leaning on the US pretty hard to keep Taiwan isolated while they build up their military ability to retake the island by force, so Taiwan needs to continue to extract and reaffirm vows of support from the US. My guess is the US will agree to sell them some advanced weapons systems to help them keep parity with the mainland and they'll sign on to the copyright extension.

    Yup, folks, this is a battle that has to be fought and won here, by us. If we don't, no one will. What's that old saying? "If not us, who, if not now, when?"
  • Harmonization (Score:2, Insightful)

    by Alsee ( 515537 )
    I seem to recall one of the government's justifications for the copyright extension was "harmonization".

    Hmmmmm......

    -
  • The U.S. Supreme Court considered on Wednesday whether Robert Frost poems and Mickey Mouse movies made more than 75 years ago should become public property or remain in the hands of their owners for another 20 years.
    ...
    ``Why should we be blamed for pursuing knowledge?'' a student protester said on television.

    Mickey Mouse is knowledge? Let me guess, he teaches people how to wildly swerve a steamboat and whistle....?
  • by Poilobo ( 535231 ) on Saturday October 12, 2002 @01:32AM (#4435978) Homepage
    Disney's fortune has been made utilizing public domain works. Their entire movie list is made up from the works of the Grimm brothers (Grimms Fairy Tales is public domain). Now that they are being required to add pack to the public domain they are pushing to extend the time (which they do everytime the expiration period comes up).
    • by DragonMagic ( 170846 ) on Saturday October 12, 2002 @02:30AM (#4436135) Homepage
      Don't forget:

      The Little Mermaid (Anderson)
      The Lion King (Kimba the White Lion)
      Atlantis (bears a STRIKING resemblance to Dinotopia)
      Alice in Wonderland (Carroll)

      Probably many more that I can't name right now. But so far, Disney has made most its money off titles based on or too similar to others' works.

      And they want control over their derivative works for as long as possible to ensure no one can profit off them.

      Too bad people are crying for them about this who don't know WHY the CTEA truly is bad.
      • by krouic ( 460022 )
        Add Victor Hugo's "Notre-Dame de Paris" to that long list of public domain works used by Disney.
      • by haggar ( 72771 )
        Even more obvious ones:

        The Beauty and The Beast
        The sword in the Stone
        Tarzan
        The Emperor's New Groove
        Hercules (heh, this dates WAY back ;o))
        The Hunchback of Notre Dame
        Pinocchio

  • OK, Fine (Score:2, Funny)

    by istartedi ( 132515 )

    (overheard in deepest, darkest bowels of the White House and/or the Skull and Bones fraternity house) OK, Fine. We were looking for an excuse to let the ChiComs have it anyway. Now we can maintain our short position in semiconductor fabs and get that foosball table we've been wanting. Just make sure to withdraw military support after the election.

    I'm not really that cynical. I actually agree with GWB more than half the time. It's just that making GWB jokes in irresistable. I don't really believe there are any such evil conspiracies in the

    NO CARRIER

  • Some info... (Score:5, Insightful)

    by DigitalHammer ( 581235 ) on Saturday October 12, 2002 @01:39AM (#4436002) Journal
    Outside the Board of Foreign Trade where the negotiation was held, dozens of college students protested against the U.S. demand, shouting ``Knowledge can't be monopolised.''

    This excerpt of a previous post of mine explains some of the reasons why Chinese peoples (in China and Taiwan) have resisted or have not accepted the idea of intellectual property. I believe this quote is the most important:

    "Confucius's concept of the transmission of culture and Marx's views on the social nature of language and invention arose from very different ideological foundations. Nonetheless, because each school of thought in its own way saw intellectual creation as fundamentally a product of the larger society from which it emerged, neither elaborated a strong rationale for treating it as establishing private ownership interests.[15] Deeply influenced by these two ideologies, China falls behind all developed countries and many developing countries in the field of intellectual property protection. It is also not difficult to understand why most of Chinese did not know what were IPRs in 1980s."

    Read about more of those reasons here. [slashdot.org]
  • Just like Australia (Score:5, Interesting)

    by dmoynihan ( 468668 ) on Saturday October 12, 2002 @01:40AM (#4436006) Homepage
    another country that's sticking to Life+50 (or, why you can download 1984 and The Great Gatsby [gutenberg.net.au] from a legit server).

    Way to go, Taiwan!
  • Copyright reform (Score:3, Informative)

    by Sandman1971 ( 516283 ) on Saturday October 12, 2002 @01:44AM (#4436015) Homepage Journal
    I think the way copyright works needs a major reform. Here's a few examples on how I think copyright could be reformed. (all numbers are just fictitious for the point of the argument and may not all work in conjunction).

    * Standard copyright is 35 years. Everything falls into this.

    * If something is still being produced. IE: Mickey Mouse, Superman comics, etc... by the original company/owner (Disney, DC Comics), copyrights for those works/characters can be extended up to 100 years.>BR> * There should be different copyrights for different mediums: litterature, movies, music would all have different lenghts of time for a copyright. Just a few ideas. I'm sure the lot of you have other ones that may be better than this.
    • by silentbozo ( 542534 ) on Saturday October 12, 2002 @02:01AM (#4436066) Journal
      No need to extend copyright for items that can be covered by trademark law. Mickey Mouse and Superman are trademarked characters, and can be protected, without having to lock up earlier works created using their characters. 35 years is a bit short - I'd argue we should go back to having periodic renewals for an additional 15 years, up to a period of 65 years.
    • Re:Copyright reform (Score:3, Interesting)

      by Anonymous Coward
      copyrights for those works/characters can be extended up to 100 years.

      I research Australian World War I history, all the government photographs for that period were no longer protected by the Australian Copyright Act of 1968 in 1969. There are only a couple of Australian World War I veterans left, predominantly the only way the story of Australia's world war I experience can be told is through recorded words and images. Adding one hundred years to that would mean these words and images are should be cultural heritage now would not be cultural heritage until 2018. Far too long, the whole generation will be gone by then.

      US Copyright currently protects back to 1922, if another 5 years is added to US Copyright protection, World War I will be engulfed and the words and images of America's history of that conflict will be stifled and suffocated. Like Australia most of the American World War I veterans are gone too.

      Copyright disrupts and interferes with cultural heritage. Cultural concerns should always trump mere commercial concerns. As a World War I historian, I also had to fight off a bad intepretation of the Australian Copyright Act by the Australian War Memorial. They were wrong and i was right, I had every right ot use the image in the manner I did. However, that monopoly when mis-intepreted has the ability to stifle cultural story telling and history.

      mocom--

  • are being pirated in Taiwan anyway...?

    -dameron
  • To see Spandex in Taiwan 20 years earlier....
  • by JohnsonWax ( 195390 ) on Saturday October 12, 2002 @02:08AM (#4436085)
    I'd like to see copyright extended to 2,500 years, and it should be retroactive like the previous laws. That way I can copyright the Bible and *really* rake in the bucks.

    Disney thinks so small sometimes...
    • I'd like to see copyright extended to 2,500 years, and it should be retroactive like the previous laws. That way I can copyright the Bible and *really* rake in the bucks.

      And then the desendents of the Grimm brothers can sue Disney.
    • That way I can copyright the Bible and *really* rake in the bucks.

      Um, you can't go around copyrighting other peoples' stuff... the Bible is copyright (c) God, and you know He's gonna be majorly pissed [gospelcom.net] when He catches you swiping His royalty checks.

      • Um, you can't go around copyrighting other peoples' stuff... the Bible is copyright (c) God,

        Actually, the Bible is (c) a lot of crazy antisocial misfits and (c) some more moderate, less antisocial misfits, although to incorporate them all, including (c) a very social, prince gone bad and done turned revolutionary (Moses) you'd have to extend copyright terms to 6000 years or so.

        Of course, the Catholic Church would probably own the copyrights on much of the new testament (and portions of the old) which bear little resemblence to the original gospels and torah, assuming of course there is no estate of the aforementioned Crazy Antisocial Misfits to sue the church for copyright violation in their own right.

        And whether Moses was a raving, hallucinating lunatic driven mad by too much sun and too much sand (and lamenting his lost life of privelege), or whether he was in fact spoken to by a superior being (divine or otherwise), the fact is that the books of Genesis et. al. are his writings paraphrasing the alleged words of said being, and not the being itself. Therefor the copyright would belong to Moses as the authoring reporter of the event, not God as merely a participant.

        In other words, God wouldn't enter the copyright equation regardless, even if he did have the bad taste to exist.
    • Interestingly, the King James edition of the bible has a perpetual copyright in the UK (it predates modern copyright law, but is covered by its own special law). The lucky buggers who've got permission to produce copies (Cambridge University Press being one, I believe) are really raking it in.
  • If patents only lasted for 10-20 years and then became public domain. Widgets and sprockets could be produced by anyone, crushing monopolies and allowing new technologies to be created from the combining of previously uncombinable ideas.
  • art vs. commerce (Score:3, Interesting)

    by shortbus mutiny ( 615608 ) on Saturday October 12, 2002 @02:59AM (#4436184)
    The extension of copyright terms clearly is of no benefit to society as a whole, apart from the additional revenue they would generate into the United States from abroad. Literature from the period 1908 and 1928 will now be under the complete control of their owners, which are mostly major corporations. A work of art is now deprived from the view of the public, and will in many cases be unavailable completely. Copyright holders often like to hold onto their material EVEN IF they're not currently publishing and selling the work. This is because of ZERO benefit the copyright holders will receive by releasing it to the public, and the marginally possible benefit of a revival in the unpublished work's popularity. In essence art, which is undisputably helpful and necessary to the advancement of society as a whole, will either become more expensive (unaffordable), or unavailable. I fail to see how the additional money the US will make, justifies any concession from art to commerce.
    • by mpe ( 36238 )
      Literature from the period 1908 and 1928 will now be under the complete control of their owners, which are mostly major corporations. A work of art is now deprived from the view of the public, and will in many cases be unavailable completely.

      Copyright libraries, such as the Library of Congress and the British Library, already have problems with storage. Even then they don't hold works such as films, TV, sound recordings, computer programs, etc. Copyright holders often do not take good care of works they are not activly issuing.
  • From The China Post (Score:3, Informative)

    by bwdunn ( 85165 ) <bwdunn@gmail.com> on Saturday October 12, 2002 @03:19AM (#4436216) Homepage
    Taiwan rejects some of U.S.' IP protection proposals at meeting

    2002/10/12
    The China Post staff

    Taiwan yesterday flatly rejected the United States' request that the protection period for copyrights be extended to 70 years from the current 50 years.
    Economics Minister Lin Yi-fu said the government has already imposed heavier punishments for violations against, and broadened the scope of, copyright protection. Thus, there was no reason to extend the protection period.

    Speaking to reporters after a three-day meeting on intellectual property protection with representatives from Washington, the economics ministry said there is no reason for Taiwan to accede to all of the requests put forth by the United States.

    But the government, said Tsai Lien-sheng, who is in charge of intellectual property-related affairs at the ministry, will definitely continue to improve its IP protection in accordance with World Trade Organization rules.

    Representatives from Washington urged Taiwan to make 27 IP-related law revisions during the conference, ahead of the U.S. decision next week on whether to sign a free trade agreement with Taiwan.

    Chen Chi-mai, a lawmaker from the ruling Democratic Progressive Party, said some of the U.S. requests were unreasonable.

    Taiwan rejected those it believed had no legal basis or was beyond what was required of a WTO member, said government officials.

    In a statement, Joseph S. Papovich, assistant trade representative for services, investment and intellectual property, said Washington had hoped the discussions would lead to real progress towards the lowering of IP piracy and counterfeiting in Taiwan.

    "Specifically, we discussed the importance of Taiwan revising some of its laws to conform with international IP obligations," said Papovich.

    He added that Taiwan should continue to "increase its enforcement efforts by shutting down and seizing equipment from optical media plants and owners found to be pirating, stepping up its level of prosecutions against IP violators, and working to shorten delays of this process."

    Papovich said Taiwan is considered one of the largest makers and exporters of pirated CDs, DVDs and other optical discs in Asia, and is perhaps one of the largest producers of such pirated discs in the world.

    Tsai's deputy Lu Wen-hsiang said the U.S. representatives will bring home the proposals both sides have agreed upon for further discussions, before a formal agreement is signed in November.

    The U.S. representatives were happy that Taiwan was planning to revise its laws to impose heavier punishments on photocopying for profit purposes, said Lu. According to Lu, Taiwan plans to make photocopying an offense subject to indictment, and offenders will face punishment including imprisonment between six months and five years, on top of a penalty ranging from NT$150,000 to NT$1.5 million.

    But Taiwan did not agree to U.S. request that photocopying for non-profit purposes should also be made an offense subject to indictment.
  • Seriously. Look at every time the copyright term has been extended, and look at which vital piece of Disney's 'intellectual property' was about to enter the public domain. It's rather sad. You can learn more about this depressing trend in our shockingly greedy erahere [randomfoo.net].
  • Oh, I get it... (Score:2, Flamebait)

    by PingXao ( 153057 )
    Just because I Chinese you think I pirate movie! Well that bullshit! I'm not a stereotype, OK? I eat rice and buy lots of CDs just like you! I'm not a stereotype!

    (goddamned Mongolians!)
  • ...the world give in to all of the US's increasingly insane demands?

    After all, they didn't vote for the US president or congress.


  • Taiwan relies on the US to avoid being absorbed by China--that gives the US a lot of leverage in any negotiations. This is probably no coincidence: if the US can apply leverage to make the first Asian country cave in, the others will follow more easily.

    In different words: don't expect Taiwanese opposition to last long. They know who they need to defend them and they are probably just using this as a bargaining chip in other negotiations.

  • I suggest 20 years (Score:3, Insightful)

    by The Creator ( 4611 ) on Saturday October 12, 2002 @04:28AM (#4436318) Homepage Journal
    I mean, if you can't make enough profits of your work in fucking 20 years...

  • by tlambert ( 566799 ) on Saturday October 12, 2002 @05:57AM (#4436404)
    So? Harmonize already... Taiwan is 50 years after the death of the author, Australia is 50 years after the death of the author. What part of "Don't think originally, and adopt everyone else's laws" doesn't the U.S. understand? I guess it only works with European laws...

    I would say that this was an example of "Some pigs being more equal than others", but of course, since the Sonny Bono extension, "Animal Farm" is back to being copywritten...

    -- Terry
  • For quite long we have been discussing the probability that the US becomes an empire. Well, some may state that the empire already exists but it is still a controversial point. However in the light of recent events we can say that the empire will be and when.

    What is the fundamental motto of the US? - American Values. The American Values where mostly created and fundamented along the wars of Independence against the Brittish crown. Later these values were "exported" all over the world as an ideal of society and living. By doing this, the US didn't ask for much, it gave it mostly shareware or even freeware to everyone. And it didn't care too much to hold up its copyrights -we have clear examples of it on the French Revolution and several other Revolutions that happened all over.

    Meanwhile, considering the recent events, we are pretty sure that this thing will not stay permanently for free. As copyright lifespan extends further and further, there will be a moment when the US may claim back its rights for Democracy, Freedom of Speech and Citizens Rigths. Considering the actual rate - that copyrights expand for 20 years more every 5 years, then, in the middle of the XXI century we will see the American values being covered by copyright laws. Then, we probably will see the American President saying "Ok, folks, you had too much fun with American Democracy for Free but that's over... time to pay the fees... Every vote - 1 cent, every word - 2 cents, every right - 1 dollar. And note that we are being cheap..."

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