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Re: gpl licensing

From: Alexander Terekhov
Subject: Re: gpl licensing
Date: Mon, 04 Dec 2006 09:16:23 +0100

Rui Miguel Silva Seabra wrote:
> If you want analogies, Intellectual Property is to Patents, Copyrights,
> Trademarks and Trade Secrets what "All Living Beings Have Lungs" is to
> amoebas, cattle and afids.
> A false expression, disguised of sensible generalisation.

"As we read the Framers' instruction, the Copyright Clause empowers 
Congress to determine the intellectual property regimes that, overall, 
in that body's judgment, will serve the ends of the Clause." Eldred v. 
Ashcroft, 537 U.S. 186 (2003).

Intellectual property is a term for various legally protected rights 
in ideas and their expression. It includes copyrights, patents (in US, 
both stem from US Constitution's Copyright Clause), trademarks (US 
Constitution's Commerce Clause), trade secrets (evolved from the 
common law), among other rights. Countries around the world recognize 
intellectual property rights, although laws vary.

Intellectual property is a form of property which, like physical 
property, can be bought or sold, inherited, licensed or otherwise 
transferred, wholly or in part. Accordingly, some or all of the 
rights may subsequently belong to someone other than the first owner 
and may be shared.

Intellectual property is property, that is to say, it belongs to 
someone who has the right to exclude others from using it without his 
or her consent. Second, intellectual property has attributes that 
distinguish it from personal property and real property -- that is why 
we have a different word for it. For example, the enforcement of an 
owner's exclusive right to use physical property may be accomplished 
more easily, as a practical matter, than enforcement of an exclusive 
intellectual property right.

Prolific and learned Chief Judge Frank Easterbrook who called Wallace
Williams and told Williams that "copyright and patent laws give 
authors *a right* to charge more... [to promote innovation]".


"So now they're going to try the hard work of cracking 'Freedom'. Free, 
well that means stuff you don't pay for" 

   -- Eben Moglen ("Moglen: How we'll kill the Microsoft Novell deal")

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