Re: [Patents] Intellectual property (was European Consitution)

[Gérald Sédrati-Dinet <sedrati@bigfoot.com>]

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Simo Sorce wrote:
| On Wed, 2003-06-04 at 08:36, Jozef Halbersztadt wrote:
|
|>The European Convention is finalising its work on the constitution.
|
| Inserting the words: "Intellectual Property", in a Constitution is very
| dangerous imho!
|
| I generally speak of intellectual paternity, as I think moral rights are
| to be granted and preserved, but talking of property is simply bad.
|

I'm about to prepare an article about the so-called "intellectual
property". Having read RMS' opinion -- critizizing this catch-all term,
predudging the dealing area --, I completly share RMS' opinion and the
views exposed in this list...

I agree with Jozef and Simo that "intellectual property" term should
never been authorized in an official convention.

IMHO, this is a convenient term only for those that wanna keep their
dominating position over the market and the society. In the marxist
terminology, capitalism is based upon property. I think that the term
"intellectual property" is just a way to spread a well-known concept for
those who have plenty acces to material property. But stuffs that
underlying "intelelctual property" in legal texts, as in this proposed
constitution, deals more with "access" than with "property". The unsaid
goal is the control of access.

The proposed replacements ("intellectual production" and "intellectual
paternity") are convenient to keep the acronym IP[R]? But why not
calling dog a dog (sorry for my poor english, this is a litteral
transation of a french expression, hope the meaning is preserved) ? A
constitution has to be designed for the sake of citizen. So in article
II-17-2 "Intellectual property shall be protected" should be replaced by
"Access to intellectual matter shall be granted"

I'd be very happy if some of you wanna talk about this subject. Maybe
it's a little bit off-topic for a list about patents, so feel free to
answer to my personal address...


- --
~    ~     Gerald Sedrati-Dinet
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