Re:An Open Source Lawyer’s View on the Copilot Class Action ...
by dragonwriter on Thursday November 10, 2022 @06:46AM
(#33545102)
> That could, possibly one-day provide public benefits, but it doesn't have to
The text you quote is explicit: the public benefit—promotion of science and useful arts—is the purpose. Providing benefits to creators is a mechanism for acheiving that purpose, not the purpose itself. That’s what I said before, and it remains true, and you’ve just quoted the bit of the Constitution that says it while claiming it is false.
Re:An Open Source Lawyer’s View on the Copilot Class Action ...
by 6stringmerc on Thursday November 10, 2022 @09:06PM
(#33556470)
Chicken-egg it exists and is so far from written intention by coincidentally both artists and publishers to be a mutant, it’s just such a mess.
Re:An Open Source Lawyer’s View on the Copilot Class Action ...
by IncRnd on Thursday November 10, 2022 @11:17PM
(#33557264)
You are assuming that promoting the progress of science and useful arts is for the public benefit, but it can easily happen in private. That is why public benefits are not primary. That is what I pointed out to you in my earlier post, but you continue to make that same flawed assumption.
Well, that's false. The actual US Constitution in Article I Section 8 Clause 8 says, "[The Congress shall have power] To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries."
That could, possibly one-day provide public benefits, but it doesn't have to. If public benefits happen, they are side-effects. The purpose is for authors and inventors to have exclusive rights in their writings and discoveries. They are never required to publish or advance anything for the public. This is a private protection not a public benefit for a "specific purpose".