# LANGUAGE translation of https://www.gnu.org/philosophy/not-ipr.html # Copyright (C) YEAR Free Software Foundation, Inc. # This file is distributed under the same license as the original article. # FIRST AUTHOR , YEAR. # #, fuzzy msgid "" msgstr "" "Project-Id-Version: not-ipr.html\n" "POT-Creation-Date: 2021-10-01 10:56+0000\n" "PO-Revision-Date: YEAR-MO-DA HO:MI+ZONE\n" "Last-Translator: FULL NAME \n" "Language-Team: LANGUAGE \n" "Language: \n" "MIME-Version: 1.0\n" "Content-Type: text/plain; charset=CHARSET\n" "Content-Transfer-Encoding: 8bit\n" #. type: Content of: msgid "" "Did You Say “Intellectual Property”? It's a Seductive Mirage - " "GNU Project - Free Software Foundation" msgstr "" #. type: Content of: <div><h2> msgid "Did You Say “Intellectual Property”? It's a Seductive Mirage" msgstr "" #. type: Content of: <div><address> msgid "by <a href=\"https://www.stallman.org/\">Richard Stallman</a>" msgstr "" #. type: Content of: <div><div><p> msgid "" "It has become fashionable to toss copyright, patents, and " "trademarks—three separate and different entities involving three " "separate and different sets of laws—plus a dozen other laws into one " "pot and call it “intellectual property.” The distorting and " "confusing term did not become common by accident. Companies that gain from " "the confusion promoted it. The clearest way out of the confusion is to " "reject the term entirely." msgstr "" #. type: Content of: <div><p> msgid "" "According to Professor Mark Lemley, now of the Stanford Law School, the " "widespread use of the term “intellectual property” is a fashion " "that followed the 1967 founding of the World “Intellectual " "Property” Organization (WIPO), and only became really common in recent " "years. (WIPO is formally a UN organization, but in fact represents the " "interests of the holders of copyrights, patents, and trademarks.) Wide use " "dates from <a " "href=\"https://books.google.com/ngrams/graph?content=intellectual+property&year_start=1800&year_end=2008&corpus=15&smoothing=1&share=&direct_url=t1%3B%2Cintellectual%20property%3B%2Cc0\">around " "1990</a>. (<a href=\"/graphics/seductivemirage.png\">Local image copy</a>)" msgstr "" #. type: Content of: <div><p> msgid "" "The term carries a bias that is not hard to see: it suggests thinking about " "copyright, patents and trademarks by analogy with property rights for " "physical objects. (This analogy is at odds with the legal philosophies of " "copyright law, of patent law, and of trademark law, but only specialists " "know that.) These laws are in fact not much like physical property law, but " "use of this term leads legislators to change them to be more so. Since that " "is the change desired by the companies that exercise copyright, patent and " "trademark powers, the bias introduced by the term “intellectual " "property” suits them." msgstr "" #. type: Content of: <div><p> msgid "" "The bias is reason enough to reject the term, and people have often asked me " "to propose some other name for the overall category—or have proposed " "their own alternatives (often humorous). Suggestions include IMPs, for " "Imposed Monopoly Privileges, and GOLEMs, for Government-Originated Legally " "Enforced Monopolies. Some speak of “exclusive rights regimes,” " "but referring to restrictions as “rights” is doublethink too." msgstr "" #. type: Content of: <div><p> msgid "" "Some of these alternative names would be an improvement, but it is a mistake " "to replace “intellectual property” with any other term. A " "different name will not address the term's deeper problem: " "overgeneralization. There is no such unified thing as “intellectual " "property”—it is a mirage. The only reason people think it makes " "sense as a coherent category is that widespread use of the term has misled " "them about the laws in question." msgstr "" #. type: Content of: <div><p> msgid "" "The term “intellectual property” is at best a catch-all to lump " "together disparate laws. Nonlawyers who hear one term applied to these " "various laws tend to assume they are based on a common principle and " "function similarly." msgstr "" #. type: Content of: <div><p> msgid "" "Nothing could be further from the case. These laws originated separately, " "evolved differently, cover different activities, have different rules, and " "raise different public policy issues." msgstr "" #. type: Content of: <div><p> msgid "" "For instance, copyright law was designed to promote authorship and art, and " "covers the details of expression of a work. Patent law was intended to " "promote the publication of useful ideas, at the price of giving the one who " "publishes an idea a temporary monopoly over it—a price that may be " "worth paying in some fields and not in others." msgstr "" #. type: Content of: <div><p> msgid "" "Trademark law, by contrast, was not intended to promote any particular way " "of acting, but simply to enable buyers to know what they are buying. " "Legislators under the influence of the term “intellectual " "property,” however, have turned it into a scheme that provides " "incentives for advertising. And these are just three out of many laws that " "the term refers to." msgstr "" #. type: Content of: <div><p> msgid "" "Since these laws developed independently, they are different in every " "detail, as well as in their basic purposes and methods. Thus, if you learn " "some fact about copyright law, you'd be wise to assume that patent law is " "different. You'll rarely go wrong!" msgstr "" #. type: Content of: <div><p> msgid "" "In practice, nearly all general statements you encounter that are formulated " "using “intellectual property” will be false. For instance, " "you'll see claims that “its” purpose is to “promote " "innovation,” but that only fits patent law and perhaps plant variety " "monopolies. Copyright law is not concerned with innovation; a pop song or " "novel is copyrighted even if there is nothing innovative about it. " "Trademark law is not concerned with innovation; if I start a tea store and " "call it “rms tea,” that would be a solid trademark even if I " "sell the same teas in the same way as everyone else. Trade secret law is " "not concerned with innovation, except tangentially; my list of tea customers " "would be a trade secret with nothing to do with innovation." msgstr "" #. type: Content of: <div><p> msgid "" "You will also see assertions that “intellectual property” is " "concerned with “creativity,” but really that only fits copyright " "law. More than creativity is needed to make a patentable invention. " "Trademark law and trade secret law have nothing to do with creativity; the " "name “rms tea” isn't creative at all, and neither is my secret " "list of tea customers." msgstr "" #. type: Content of: <div><p> msgid "" "People often say “intellectual property” when they really mean " "some larger or smaller set of laws. For instance, rich countries often " "impose unjust laws on poor countries to squeeze money out of them. Some of " "these laws are among those called “intellectual property” laws, " "and others are not; nonetheless, critics of the practice often grab for that " "label because it has become familiar to them. By using it, they " "misrepresent the nature of the issue. It would be better to use an accurate " "term, such as “legislative colonization,” that gets to the heart " "of the matter." msgstr "" #. type: Content of: <div><p> msgid "" "Laymen are not alone in being confused by this term. Even law professors " "who teach these laws are lured and distracted by the seductiveness of the " "term “intellectual property,” and make general statements that " "conflict with facts they know. For example, one professor wrote in 2006:" msgstr "" #. type: Content of: <div><blockquote><p> msgid "" "Unlike their descendants who now work the floor at WIPO, the framers of the " "US constitution had a principled, procompetitive attitude to intellectual " "property. They knew rights might be necessary, but…they tied " "congress's hands, restricting its power in multiple ways." msgstr "" #. type: Content of: <div><p> msgid "" "That statement refers to Article 1, Section 8, Clause 8 of the US " "Constitution, which authorizes copyright law and patent law. That clause, " "though, has nothing to do with trademark law, trade secret law, or various " "others. The term “intellectual property” led that professor to " "make a false generalization." msgstr "" #. type: Content of: <div><p> msgid "" "The term “intellectual property” also leads to simplistic " "thinking. It leads people to focus on the meager commonality in form that " "these disparate laws have—that they create artificial privileges for " "certain parties—and to disregard the details which form their " "substance: the specific restrictions each law places on the public, and the " "consequences that result. This simplistic focus on the form encourages an " "“economistic” approach to all these issues." msgstr "" #. type: Content of: <div><p> msgid "" "Economics operates here, as it often does, as a vehicle for unexamined " "assumptions. These include assumptions about values, such as that amount of " "production matters while freedom and way of life do not, and factual " "assumptions which are mostly false, such as that copyrights on music " "supports musicians, or that patents on drugs support life-saving research." msgstr "" #. type: Content of: <div><p> msgid "" "Another problem is that, at the broad scale implicit in the term " "“intellectual property,” the specific issues raised by the " "various laws become nearly invisible. These issues arise from the specifics " "of each law—precisely what the term “intellectual " "property” encourages people to ignore. For instance, one issue " "relating to copyright law is whether music sharing should be allowed; patent " "law has nothing to do with this. Patent law raises issues such as whether " "poor countries should be allowed to produce life-saving drugs and sell them " "cheaply to save lives; copyright law has nothing to do with such matters." msgstr "" #. type: Content of: <div><p> msgid "" "Neither of these issues is solely economic in nature, and their noneconomic " "aspects are very different; using the shallow economic overgeneralization as " "the basis for considering them means ignoring the differences. Putting the " "two laws in the “intellectual property” pot obstructs clear " "thinking about each one." msgstr "" #. type: Content of: <div><p> msgid "" "Thus, any opinions about “the issue of intellectual property” " "and any generalizations about this supposed category are almost surely " "foolish. If you think all those laws are one issue, you will tend to choose " "your opinions from a selection of sweeping overgeneralizations, none of " "which is any good." msgstr "" #. type: Content of: <div><p> msgid "" "Rejection of “intellectual property” is not mere philosophical " "recreation. The term does real harm. Apple used it to <a " "href=\"https://www.theguardian.com/us-news/2017/mar/11/nebraska-farmers-right-to-repair-bill-stalls-apple\">warp " "debate about Nebraska's “right to repair” bill</a>. The bogus " "concept gave Apple a way to dress up its preference for secrecy, which " "conflicts with its customers' rights, as a supposed principle that customers " "and the state must yield to." msgstr "" #. type: Content of: <div><p> msgid "" "If you want to think clearly about the issues raised by patents, or " "copyrights, or trademarks, or various other different laws, the first step " "is to forget the idea of lumping them together, and treat them as separate " "topics. The second step is to reject the narrow perspectives and simplistic " "picture the term “intellectual property” suggests. Consider " "each of these issues separately, in its fullness, and you have a chance of " "considering them well." msgstr "" #. type: Content of: <div><p> msgid "" "And when it comes to reforming WIPO, here is <a " "href=\"https://fsfe.org/activities/wipo/wiwo.en.html\">one proposal for " "changing the name and substance of WIPO</a>." msgstr "" #. type: Content of: <div><p> msgid "" "See also <a href=\"/philosophy/komongistan.html\">The Curious History of " "Komongistan (Busting the term “intellectual property”)</a>." msgstr "" #. type: Content of: <div><p> msgid "" "Countries in Africa are a lot more similar than these laws, and " "“Africa” is a coherent geographical concept; nonetheless, <a " "href=\"https://www.theguardian.com/world/2014/jan/24/africa-clinton\"> " "talking about “Africa” instead of a specific country causes lots " "of confusion</a>." msgstr "" #. type: Content of: <div><p> msgid "" "<a " "href=\"https://torrentfreak.com/language-matters-framing-the-copyright-monopoly-so-we-can-keep-our-liberties-130714/\"> " "Rickard Falkvinge supports rejection of this term</a>." msgstr "" #. type: Content of: <div><p> msgid "" "<a " "href=\"http://www.locusmag.com/Perspectives/2016/11/cory-doctorow-sole-and-despotic-dominion/\"> " "Cory Doctorow also condemns</a> the term “intellectual " "property.”" msgstr "" #. TRANSLATORS: Use space (SPC) as msgstr if you don't have notes. #. type: Content of: <div> msgid "*GNUN-SLOT: TRANSLATOR'S NOTES*" msgstr "" #. type: Content of: <div><div><p> msgid "" "Please send general FSF & GNU inquiries to <a " "href=\"mailto:gnu@gnu.org\"><gnu@gnu.org></a>. There are also <a " "href=\"/contact/\">other ways to contact</a> the FSF. Broken links and " "other corrections or suggestions can be sent to <a " "href=\"mailto:webmasters@gnu.org\"><webmasters@gnu.org></a>." msgstr "" #. TRANSLATORS: Ignore the original text in this paragraph, #. replace it with the translation of these two: # #. We work hard and do our best to provide accurate, good quality #. translations. However, we are not exempt from imperfection. #. 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TRANSLATORS: Use space (SPC) as msgstr if you don't want credits. #. type: Content of: <div><div> msgid "*GNUN-SLOT: TRANSLATOR'S CREDITS*" msgstr "" #. timestamp start #. type: Content of: <div><p> msgid "Updated:" msgstr ""