According to videogame patent lawyer Kirk Sigmon, the USPTO granting Nintendo these latest patents isn’t just a moment of questionable legal theory. It’s an indictment of American patent law.

“Broadly, I don’t disagree with the many online complaints about these Nintendo patents,” said Sigmon, whose opinions do not represent those of his firm and clients. “They have been an embarrassing failure of the US patent system.”

  • daniskarma@lemmy.dbzer0.com
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    3 hours ago

    I do believe that.

    Intellectual property leads to all kind of unfairness. It should be normalized that artist would be paid for the work done, nor for property ownership.

    This adds to some other believes about people shouldn’t be paid just for “property ownership”.

    And once the art is done and released is part of human race, that does include terrible human beings, but it also includes absolutely everyone else.

    Some other argument for this… For instance, being an artist is one of the jobs with biggest pay disparity, from the poorest of them all to some of the richest. That’s a normal output of basing income on property ownership, things snowball once you have enough property.

    I don’t think there’s a way to make private property (physical or intelectual) work in a fair economy. And remember, private property is not the same as personal property, just in case.

    I do think the world of art would get much better and more diverse if we got rid of property as a way to measure revenue and put work in the center as a way to measure how much we should pay each artist.

    • prole@lemmy.blahaj.zone
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      2 hours ago

      You live in a dream world. Why would I release my music to the public when there are people who will make a living stealing it, putting their name on it, and selling 1000x more than I ever could because they already have name recognition? And those people WILL exist for every form of creative content.

      Artists need some sort of mechanism to protect them from exploitation that is inherent to capitalism

      • Doomsider@lemmy.world
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        50 minutes ago

        99+% of art is never sold. The vast majority of artist don’t make money. Who really cares about the extreme minority who use capitalism to control our culture. They don’t get to decide what the rest of the world does purely for their economic interests.

        No they don’t need any mechanism. The arts and sciences existed for thousands of years without modern silly interpretations for commercial interests.

        • prole@lemmy.blahaj.zone
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          31 minutes ago

          So for the artists that created works but did not sell them, you believe that they would be fine with someone else photocopying it and then selling it themselves?

          Sorry I’m not a head in the clouds, utopian. I try to base my beliefs in plausible reality.

          • Doomsider@lemmy.world
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            26 minutes ago

            Yes. Art is interative. You don’t even understand how art works that is how stupid you are.

            Save me the utopia bullshit all I here is someone licking boots. What does it taste like?

            • prole@lemmy.blahaj.zone
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              17 minutes ago

              Why are y’all so fucking rude?

              I’m a bootlicker because I don’t think getting rid of the concept of intellectual property completely is a good idea.

              Ok Bud

              And you know nothing about me and whether or not I’m a musician or an artist, so you shouldn’t assume.

              But I know for a fact that most artists would not be fucking ok with someone photocopying their work (that they didn’t sell) for profit.

              I know this because it literally already fucking happens, and artists hate it.

      • Chaotic Entropy@feddit.uk
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        2 hours ago

        Yeah… victory belonging to the person with the widest reach and deepest pockets rather than the originator of the material/idea is one way to ensure that all creatives become paupers. This is one of those many on-paper ideas that, without the upheaval of pretty much every other established human social structure, would be awful in practice.

        • kureta@lemmy.ml
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          16 minutes ago

          Yeah… victory belonging to the person with the widest reach

          I thought you were going to say something about Spotify for a moment.

      • daniskarma@lemmy.dbzer0.com
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        2 hours ago

        Because you will be paid for it?

        In the current world I could torrent your music and you’ll be “losing money” and will end up investing more work in anti-piracy and advertisement than in making good music.

        If instead you would be paid for the making of the music regardless of how many copies of a digital file you sold by a better system that’s not based on private property and the means of capitalism, it would mean that you could 100% focus on making music and everyone could enjoy the things you made. You couldn’t care less if I torrent your music in this new world. Hell, music would probably be mainly distributed by torrenting.

        Everyone will be happy, except investors and people thriving of this inefficient and unfair system.

        Meanwhile, I’ll be seeding.

        • AgentRocket@feddit.org
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          1 hour ago

          If instead you would be paid for the making of the music regardless of how many copies of a digital file you sold by a better system that’s not based on private property

          And how would that system decide how much you get paid and where would the money for that payment come from? How do you make sure a carefully crafted piece of music, that brings happiness to millions of people gets paid fairly compared to someone just putting together a song in 5 minutes by pressing random notes on the keyboard?

          • daniskarma@lemmy.dbzer0.com
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            1 hour ago

            Any system to evaluate compensation would be better than the actual one, which is a completely mess that does not properly compensate artists for their work.

            Currently marketing, frontstore presence and market dominance is far more relevant on a particular artist income than their craft.

            Any system that actually would think about what people think about a particular craft, how much time and effort got put into it, how much it was enjoyed, etc, would be better. Currently is just about who can make more sales and get more ad money, the art is secondary and I’m being generous.

          • daniskarma@lemmy.dbzer0.com
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            58 minutes ago

            So is a world without murder. That doesn’t mean that we should defend murderers doesn’t it?

            A world where gay people had equal rights surely was an utopia on the year 1800s, look how far have we come. Thanks to people that though that a better word is, indeed, possible.

            Why wouldn’t we strive for a better way of doing things? Why defend faulty systems that we know they are bad just because those are the systems currently in place?

            I do believe we can be better.

            And if not… Piracy it is.

            • MotoAsh@lemmy.world
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              29 minutes ago

              Just because we could do better doesn’t magically make teaeing all protections down a remotely intelligent idea.

              They’re asking for a SPECIFIC idea of what to replace them with… because you dummies will just end up reinventing IP laws without 70 year copyrights… like they were originally…

              This is a trains for public transit situation… You’ll whine all day about the status quo, say nothing good exists, want to tear it all down … and then just reinvent the same fucking thing we already have but just need a different mix of…

                • Darkenfolk@sh.itjust.works
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                  2 minutes ago

                  Is he? Seems to me he is spot on. A lot of words about how things should be and precious little how to make it so.

                  Sure, you got to start somewhere but you also need a plan to get there in the first place.

            • prole@lemmy.blahaj.zone
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              27 minutes ago

              I’m literally talking about how we should try to do better. I’ve just been around long enough to know that this ain’t how you do it.