Klarinet Archive - Posting 000957.txt from 1999/03

From: Neil Leupold <nleupold@-----.edu>
Subj: Re: [kl] Copyright
Date: Wed, 17 Mar 1999 09:07:55 -0500

On Wed, 17 Mar 1999 CEField@-----.com wrote, in part:

> 2. On at least one occasion, a published work of mine was actually
> republished by someone in a print educational journal claiming it as
> their own by using a byline. Many of the computer templates I designed
> over the past 17 years are being used and shared by people all over the
> Internet without attribution or financial compensation to me. Because I
> don't think people realize that I created these works, I do not hold
> them accountable. Maybe I should, but I don't feel it is in the best
> interest of a free society to punish people who make innocent mistakes.

Interesting point of view, but a little naive from my perspective.
I guess it depends on what matters to a particular person, and how
much they're willing to work and sacrifice in order to claim what
is due to them. In the world of microelectronics intellectual prop-
erty, hundreds of millions of dollars are at stake on the basis of
a few patents that are quite prevalent in the everyday technology
which we as consumers take for granted. When a major company like
Sony incorporates circuit or process concepts into its technology,
which is then proven to be the invention of, say, Toshiba, the
latter company will not hesitate to spend hundreds of thousands of
dollars on legal and investigation fees in order to compel Sony
into a licensing agreement, including back-damages for the profit
made by Sony on Toshiba's technology prior to assertion that their
patents were being infringed. If the responent fails to accede,
litigation typically follows.

Whether an infringement "mistake" is innocent or not, I don't
feel that there should be any moral or ethical confusion asso-
ciated with compelling an offender to recognize what they've
done, and compensate the originator of the invention for his/her
contribution to a given field. This applies as much to music
and publications as it does to electronics and software innova-
tions. Holding parties accountable for their misuse or unauthor-
ized use of somebody else's intellectual property, in my estima-
tion, contributes more substantially to the foundations of a
"free society" than merely to turn the other cheek and allow
the impropriety to continue, perhaps for fear that pursuing the
issue will cause greater discord. There are many who capitalize
precisely on this passive attitude, knowing that their actions
are not likely to be punished precisely because they expect it
to be too much work to prove their offense.

Anybody who states that their idea(s) or invention(s) is/are being
used without their consent should, in my opinion, either take the
appropriate action to exact justice, or keep the information to
themselves. Proclaiming that a wrong has been committed, and then
being unwilling to spearhead the efforts to correct it, rings some-
what empty and pointless, in my opinion, unless raking up muck and
inciting ire are the true intent of the proclamation.

Neil

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