[ox-en] Re: [prep-l] The term "intellectual property"
- From: Martin Hardie <auskadi tvcabo.co.mz>
- Date: Sat, 1 Nov 2003 10:54:13 +0200
Seth:
I know "exclusive" strikes one that way at first.
Martin:
From the way you have fleshed out whta you mean here I find it less grating
and I start to see your point - it is a way of describing IP type rights by
focusing on their common denominator. OK.
Here I differ a little more:
Seth:
I think community knowledge should be understood by its advocates as
intrinsically free,
Martin:
Well free fo those pople who are members of the relevant community* - thus in
my Aboriginal example, that knowledge is not free to people who are not a
part of that community.
* i see those belonging to the gnu/linux foss community as being composed of
both developers and users and maybe potential developers and users ...i
couldn't develop a program or play with source code in my dreams but as a
user I feel I have an interest in the maintenance of the foss community
project.
Seth:
I don't see legal categories for "community knowledge" as the
right thing to do.
Martin:
Community knowledge still requires protection from uses that undermine the
integrity of the relevant community project whether it be foss or the stuff
of an indigenous community. And for me it is better to use it as the starting
point for law. ie the community project rather than the resultant property.
Thus maybe what we need to think about is how to describe "their" rights, the
property rights and how to describe "our rights" the community projects. (I
use "their" and "our" loosely as I don't want to set up some dialectic, so
they are there for ease of explanation and as shorthand.)
Martin:
Thus your exclusive rights description works from the angle of descibing the
forms of property that Law creates and thatw e are intersted in arguing
about. But to describe what we hold dear we may neeed to go a little deeper
into what is a community and what are the relevant project and what "legal"
or descirptive characterisation we can give to the need to maintain the
integrity of the multiplicity of global community knowledge projects
I will shut up for a while now so we just don't keep passing this ball across
the net. Lets see if anyone else wants to buy in.
Seth
Martin
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which
would be a sin, but to testify falsely to what you believe true - which is a
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