Thursday, July 07, 2005

Thomas Jefferson blawg

Here's an interesting idea. Thomas Jefferson gets transported into the year 2003 and writes a blog on what he finds. Here he reviews some legal blogs well the help of his modern room mate, Daniel. Given recent developments he naturally looks at the Scotusblog discussion about the Grokster decision.

"I wish to see new inventions encouraged, and new entertainment provided, and our Constitution provides for temporary patents to encourage that by benefiting the original author, as motive for producing them in the first place. However, the permanent patent of ideas - lifelong copyright of intellectual properties - is an abomination to the Constitution. That intellectual "property" should freely spread from one to another over the globe, for the moral and mutual instruction of man, and improvement of his condition, seems to have been peculiarly and benevolently designed by nature, when she made them, like fire, expansible over all space, without lessening their density in any point, and like the air in which we breathe, move, and have our physical being, incapable of confinement or exclusive appropriation. Intellectual properties then cannot, in nature, be a subject of real property. Society may give an exclusive right to the profits arising from these creations, as an encouragement to men to pursue those ideas which may produce utility, but this may or may not be done, according to the will and convenience of the society, without claim or complaint from any body. The intellectual property used in this manner could prevent the useful inventions of some from ever becoming popular, making select few rich, who do not produce the true utility that enriches our lives. People film movies to sell them, but then determine themselves from letting others witness the copies they sell, or copies of copies, without their permission... once given, the property is then taken away. If the courts could have their way, they would have control over the mind of man to prevent it from memorizing that which is not bought and paid for, and then we would truly put a patent on ideas, such so deeply forgone from the purpose of such amusement, & their proper role in our lives. If the free circulation of copies you created is not legal, then neither is the free circulation of original property, for such is often indistinguishable in purpose & aim, often likewise, in origin."

No comments: