The first question I would ask is one about duration. Does 20 years promote the useful arts more than 10? 30? 15? 4?
Same for copyright. We currently have 95 years after the creators death. Would 10 years fill the same role, and if not, how much worse would it be. 1% worse? 5%? 10%?
In one of Eben Moglens talk (professor in legal history), he spoke how the fundamental system of government changed in the 20th century. The administrative Procedure Act of 1946 made everything subject to the rule of cost/benefit analysis, asking whether proposed government actions are more helpful than they are harmful and making a systematic and careful evaluation of the relationship between benefits and cost before deciding to intervene in the economy. The change was profound, and just about the only thing that didn’t get changed to conform with it was patent law and copyright.
Despite its title, Bilski is only talked about in the last 1/5 of the talk. The 4/5 before that, he goes through a historical perspective of the patent system.
Same for copyright. We currently have 95 years after the creators death. Would 10 years fill the same role, and if not, how much worse would it be. 1% worse? 5%? 10%?
In one of Eben Moglens talk (professor in legal history), he spoke how the fundamental system of government changed in the 20th century. The administrative Procedure Act of 1946 made everything subject to the rule of cost/benefit analysis, asking whether proposed government actions are more helpful than they are harmful and making a systematic and careful evaluation of the relationship between benefits and cost before deciding to intervene in the economy. The change was profound, and just about the only thing that didn’t get changed to conform with it was patent law and copyright.