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submitted 2 months ago* (last edited 2 months ago) by zaxvenz@lemm.ee to c/technology@lemmy.world

Jack Dorsey, co-founder of Twitter (now X) and Square (now Block), sparked a weekend’s worth of debate around intellectual property, patents, and copyright, with a characteristically terse post declaring, “delete all IP law.”

X’s current owner Elon Musk quickly replied, “I agree.”

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[-] sugar_in_your_tea@sh.itjust.works 0 points 2 months ago

That's probably better than what we have now, but still very short of ideal. Here's my proposition:

  • keep trademark law as-is
  • cut patents to 5-7 years, with a one-time extension if the holder can demonstrate need
  • cut copyright to 14 years (original 1790 Copyright Act duration), with a one-time explicit extension, approved based on need
  • have existing patents and copyright expire at their original term, the above (for works patented/copyrighted within the term), or half the above (for works copyrighted outside the term), whichever is shorter

That would solve most of the problems while keeping the vast majority of the benefits.

[-] captain_aggravated@sh.itjust.works 0 points 2 months ago

I would still keep patents at about 20 years. There's some nuance that needs to change to prevent, say, Nintendo from retroactively patenting Pokemon after Palworld comes out, but yeah patent law needs a colonic.

I'd be okay with 20 or even 30 year copyright terms on complete works, but I would be more open on derivative works and fair use.

I want stricter trademark law. Trademark should be about knowing where your products come from. A manufacturer gets right of way over a mark so that they can defend their own reputation, and I'll help them defend that mark because I want to know where the goods I buy come from.

It should not be legal to buy a commodity item and slap your brand on it. I see this a lot in the tool market. There seems to be two 6" jointers in production in the world today, the one JET makes, and the one everyone else sells. Wen, Craftsman and Porter Cable among many others sell the same 6" jointer. Speaking of Craftsman, that brand is now owned by Stanley Black & Decker, who also owns Porter Cable, DeWalt, and several others. Most of what they use this for is to sell mutually incompatible yet functionally similar power tools so you have to buy more batteries. They might design or build some of their tools in-house, but many of them they buy from some other company and just put their stickers on. Is it, or is it not, a "Craftsman"?

Then you've got Amazon, Temu, AliExpress and other Chinese dropshipping platforms. They make a whole bunch of shit and then register nineteen or twenty bullshit trademarks to sell the same thing under. I would make that illegal; if you have a brand that is suitable for selling a given item, you're not allowed another for that purpose. Trademarks are supposed to reduce consumer confusion, you're using them to increase consumer confusion. If I am elected dictator, that kind of behavior will earn you a public trepanning.

[-] sugar_in_your_tea@sh.itjust.works 0 points 2 months ago

It should not be legal to buy a commodity item and slap your brand on it.

I disagree. However, I do think you should be obligated to disclose the source of that commodity so customers can use reviews of similar products to get an idea of the quality of yours. You're still on the hook for warranties and whatnot, but you should need to disclose what you did and didn't design/build.

This goes doubly for where something was made. You can't just slap a "Made in USA" sticker on something that's made elsewhere, you need to disclose where things come from. Such as, "Designed in USA, parts made in Vietnam, assembled in Mexico" or whatever.

if you have a brand that is suitable for selling a given item, you’re not allowed another for that purpose.

Would this apply to product segmentation? For example, Toyota owns the Lexus brand, and they segment their products under those different brands. They reuse a ton of parts though, so your Toyota is much more similar to a Lexus than it is to other economy vehicles in its market segment.

Walking that line is quite difficult, and I think it largely misses the point. I'm not confused when I buy a ATHEOTS or whatever BS brand they come up, I know I'm buying cheap knock-off stuff. The problem here is how quickly those brands pop up and disappear, and that should be illegal IMO (you can't just rebrand when your company gets a bad reputation). But maybe that was your point, I'm just saying it's less a trademark issue and more company restructuring shenanigans.

To tackle this problem, I'm happy to remove limited liability protections once a company gets above a certain size. But that's a bit outside the scope of the IP law discussion.

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[-] Unmapped@lemmy.ml -1 points 2 months ago* (last edited 2 months ago)

Unexpected good elon take. Patents and copyright laws have probably held us back at least 50 years worth in advancements. So much R&D is just solving problems that have already been solved.

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this post was submitted on 13 Apr 2025
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