I want to reformulate the very first assumption I started with. All copyright and patent related laws and regulations in the United States were based on the 8th item of the Article I, Section 8 of the Constitution, which states that one of the Congress powers is ''To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.''
My assumption is... actually, why to play games? It is not an assumption. To the best of my knowledge, I understand that idea of exclusive rights do not correspond to the nature of the subject. Exclusive rights cannot be imposed on cultural phenomena (writings, discoveries and so forth). Naturally, I mean culture as I understand it, as I tried to describe, explore and explain it thus far.
Now we got an assumption too. Exclusive rights cannot provide for promotion of the progress of science...( read on the Constitution). Exclusive rights are wrong means for the declared goal, period. They cannot work and they do not work. They cause huge problems due to the conflict between these wrong means and the subject (culture) they are applied to.
This is a crucial and decisive point. Worlds of culture and civilization are different. They develop under different laws, although they relate to and depend on one another.
Many people realize that the difference exists. This is also reflected in the understanding of some human rights in the Western World: ownership of real property (belonging to the world of civilization) is considered one of the basic rights and is unalienable from its owner and his or her heirs. However, exclusive rights to ''writings and discoveries'' (belonging to the world of culture) *may* be granted under certain conditions for a limited time. That is said rights ARE NOT property rights by nature, they cannot belong to a private party unless some conditions met. What are these conditions? The exclusive rights have ''to promote the progress of science and useful arts.'' A specific role of cultural phenomena is implied here: the progress of science and arts. This specific role relates to the nature of culture, which RADICALLY DIFFERS from the nature and role of real property in human society.
The two worlds are different. The question is, how different are they? Or better yet, how are they different? Before talking to the firstgraders I had formulated a few points of difference between ''things'' belonging to these two of worlds. The term ''discrepancies,'' which I used here, is not quite proper one, because world of culture cannot, must not and does not coinside with world of civilization, in principle. Therefore discrepancies between them are not possible. On the other hand, exclusive rights to cultural phenomena amount to attempt of treating things of culture the same way as ones of civilization. Thus, assumed ''similarities,'' in reality are ''discrepancies.''
- Войдите, чтобы оставлять комментарии