[crankylinuxuser]

That is true, initially with extensions past the creator's death. But as you also point out, it is very much rent seeking behavior by companies.

However to understand why we even have copyright, you have to know your renaissance European history. Prior to copyright/patents, you had the guild system. Knowledge was hidden, obfuscated, and destroyed. Those whom wanted to share the secrets of the guild were imprisoned and/or killed.

Fast-forward to the creation of the USA - most of the people here were second sons whom had little to no claims on European riches. They also knew of the guilds, and the danger they have. So, they posited copyright, trademark, and patent. It wasn't cause they were the best tools, but they were better than the guilds that preceded them.

It's about time we revisit the idea of copyright, patent, and trademark and how they apply in the 21'st century.

[angus-prune]

Your IP history is wrong.

Patents originated in 15th Century Venice and Copyright in 17th Century Britain and trademarks in France in the (iirc) 19th Century.

Patents were, indeed, a way to encourage people to share their inventions rather than keep them as trade secrets, but this doesn't apply to copyright (rampant book piracy after the invention of the printing press) or trademark (consumer protection and counterfitting).

I have never heard of any link the the USA or second sons etc, and the way these laws developed doesn't support your hypothesis.

Absolutely with you that these things need modernising though (and not in a Digital Millenium way)

[tialaramex]

Yup, Trademarks are fine, the insistence on muddling Trademark, Patent and Copyright together is bad mojo and people (even lawyers!) need to cut it out.

The same principle as Trademarks even pre-date the formal existence of registrable trademarks, because everybody can see that if "Jameson Beans" are considered to be good quality beans then buying some crap beans and selling them on as "Jameson Beans" is clearly not OK. English law has a tort of "passing off" which is committed when you trick customers in this way, and you can still use it for unregistered marks today, it's just harder than the Registered Trademark law.

[contras1970]

copyright was a british invention to limit proliferation of "uncomfortable" works.