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A reasonable question. They are reconciled by narrowly observing that the clause "To promote the Progress of Science and useful Arts" describes a specific publ
by dasht 17y ago
A reasonable question.
They are reconciled by narrowly observing that the clause "To promote the Progress of Science and useful Arts" describes a specific public interest. You can also narrowly observe that there is no specific enumeration of what comprises an "exclusive Right".
Stallman also (used to?) advocate for "media taxes" and to paraphrase that idea and draw it to its conclusion for the contemporary environment: This would be something like a tax on IP traffic, an enforceable right of verifiable authentication, and a disbursing of those tax revenues to popular Authors and Inventors based on some formula settled by Congress. Such would be radically different from what we have. It would not preclude the freedom to share. It would be consistent with the Constitutional mandate if it genuinely encouraged Authors and Inventors to publish. It would be especially attentive to the purpose ("To promote...") of the regulatory power ("limited Times ... exclusive Right").
Beyond the narrow readings, you can look at (for example) the correspondence between Jefferson and Hamilton and its historic legislative and jurisprudence context. Exclusivity of publication was only grudgingly added to the powers of Congress. It was added in part because of a historic pattern of several of the Colonies to establish a state-run monopoly on printing. It was added in part because of a then more current familiarity with the early economics of print and the role of patronage in inventing. The early US copyright and patent laws make far less sense, given how they were argued for, in the current technological climate. Substitutes - even radical substitutes like a "media tax" - would seem to better fit the goals the founders were trying to achieve (if we can judge that by their own writings).
- protomyth 17y agoI guess where I get into the problem is the wording specifically mentions "exclusive right", but none of the wording says "public interest". Progress is good for the public, but it isn't a 1-to-1 correspondence with "public interest". Also, it mentions this exclusive right as the solution, not a suggestion of one possible solution.
- inerte 17y agoBecause everything done by a government should be for the public interest, even if one person or a small group is directly benefited. I'm not a US Constitution specialist, heck, I am from Brazil. But that's usually how things are: You don't exactly need to keep saying "_this_ is for the public interest", because _everything_ should be.
- ZeroGravitas 17y agoI think you've got it backwards. The government wouldn't have the right to just create monopolies for no reason. This allows them to set up such monopolies as long as they serve a specific purpose. So not "you need to promote progress, so set up monopolies" but "you can set up monopolies, but only to promote progress". That's why it specifically mentions "exclusive rights" because that's the contentious bit.
- protomyth 17y agoThe creation of a temporary monopoly allows the person who produced the work time to make a living off it, thus encouraging other people to do the same. The monopoly isn't for "no reason", it has a very specific purpose.