You are viewing a single comment's thread from:

RE: The End of Intellectual Property: On Imagination, Artificial Intelligence, and Procedural Generation

As a writer I am certainly concerned with the state of intellectual property law. On the one hand, I want to ensure that there's a long enough chain of custody on any creative works that I produce that leads back to me as the originator, as I don't want someone else passing off my hard work as their own.

On the other hand, I'm not the kind of creative that wants to work in a vacuum. Collaboration can yield some amazing results, and - for instance - opening up a fictional world or setting and welcoming other writers in to create in that world usually results in a deeper vibrancy, making it more than the sum of its parts. A good example of this is the Cthulhu Mythos. Sure it was originated by H.P. Lovecraft, but even during his lifetime he welcomed his writer friends to pen stories using the tropes and settings of his world - as a result the Mythos not only survived Lovecraft's death but flourished.

That's why I get so disappointed when large, corporate IP holders quash labor-of-love fan projects like films or games set in an established universe. All those cease-and-desist letters do nothing but shackle and even outright forbid the kind of creativity that can enrich not just a particular IP but entertain its fans in ways that they may not be able to be otherwise. Most IP holders will claim that it's in order to protect the "integrity" or "quality" of their brand, but it's almost always an economic decision - they don't want someone else making profit off the IP unless it's them, regardless of how attenuated the connection might be. It's frustrating in the extreme.

Sort:  

The actual reason for quash fan projects is thus:

If you allow one fan to do something, it is legal precedence for another fan to do the same something.
And thus, you cannot allow the first domino. Else, you lose your entire IP.
That is the copyright / patent law.

I think that's a bit of an oversimplification. You don't "lose" your entire IP. What you do lose is some ability to bar fan projects more effectively because you've established precedent by not pursuing your legally-granted right to have exclusive access to your IP.

Yes, if anything, IP owners should consider different business models that allow for such collabs / spin-offs to happen. I guess "integrity" / "quality" is somewhat an economic decision as well as it ties together with the value of the IP (usually completely unfounded projections of future loses). Like what Peter Thiel mentioned in his book Zero to One, having a monopoly works in one's favour of knocking out competitions, but the best kind of monopoly is creative monopoly, where there's a mix of competition & collaboration, usually in the form of a marketplace that gives the consumers more options to choose and be time-invested in.

Coin Marketplace

STEEM 0.18
TRX 0.16
JST 0.029
BTC 62299.02
ETH 2440.23
USDT 1.00
SBD 2.65