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Re:In 'Sherlock Holmes' Rights Dispute, Conan Doyle Estate S... by inopinatus on Wednesday August 06, 2014 @06:14AM (#8141789)
Modeling IP DCF as a perpetuity is like the physicist who assumes perfectly smooth surfaces. Fine for Finance 101, not so much in the real world of lumpy cashflows.

Notwithstanding which, those numbers actually indicate that even after 70 years there's a significant present value in the return. You wrote: "Assuming a $1000 constant payment stream, the present value of the 70th payment is only $32.86."

I would write that: "Assuming a $1000 constant payment stream, the present value of the 70th payment is still as high as $32.86". And they'll be even better than that since very-long-term compound average discount rates are low, closer to 3% iirc.

Instead, try modelling an annuity (yes, that's as bogus as the perpetuity, but bear with it) for two periods: 45 years and 52 years. At 3%, I make that a 5.5% better deal for the extra seven years of viability. I won't bore everyone with the math.

Note also, I'm not arguing for the current system; merely pointing out that (irrespective of other complications) setting IP rights as coterminous with the originator is inequitable.

Re:In 'Sherlock Holmes' Rights Dispute, Conan Doyle Estate S... by dredmorbius on Friday August 08, 2014 @11:51AM (#8153395)
The perpetuity model allows for a clear illustration of what the possible return on a constant stream of book sales might be. In reality, for virtually all works, the actual story is that you'll see a few sales in the first few years, and virtually none afterwards. A very small number of works hit the long-term publication lottery.

Which means that you're looking at a future payment stream that's both decreasing nominally AND is being discounted to an ever increasing amount.

But in order to support the increasingly perpetual duration of copyright, for which only a handful of works benefit, the public is enjoined from having access to _any_ works published in the past century, unless the copyright holder can be found, identified, and persuaded to publish the work.

This has a number of profound effects.

There's a hole in the sale of new editions from Amazon (not "freely available downloadable books", mind you, but sales) from 1920 to 2000. There are more books from the 1840s available than from the 1930s.

Germany's industrial expansion from a series of disjoint states to the powerhouse of Europe in the 19th century is thought to have been greatly promoted by weak copyright.

I explore both here: http://www.reddit.com/r/dredmorbius/comments/23xrkd/copyrigh... (with some bonus entertainment thrown in).

Freakonomics has looked into the question of whether or not copyright makes books disappear: http://www.reddit.com/r/dredmorbius/comments/1wp3o8/freakono...

And noted copyright jurist and author Pamela Samuelson, of UC Berkeley, has stated: "Copyright has become the single most serious impediment to access to knowledge" http://www.reddit.com/r/dredmorbius/comments/1wssas/copyrigh...

Re:In 'Sherlock Holmes' Rights Dispute, Conan Doyle Estate S... by kaonashi on Wednesday August 06, 2014 @09:43AM (#8142376)
You're not just doing math, you're making a moral argument: that if the length of a copyright term is lesser due to the lifespan of the author, that this is somehow 'discriminatory'.
Re:In 'Sherlock Holmes' Rights Dispute, Conan Doyle Estate S... by dredmorbius on Friday August 08, 2014 @07:09PM (#8155581)
I'm actually willing to accept the argument that copyright term should be independent of the life expectancy of the author -- that does affect the perceived present-value of the work. It's also how copyright was initially construed: a 14 year term, extensible once. Later extended to 28 years, with one renewal (by the author or heirs), to a maximum of 54 years.

What I don't support is for the term to be either indeterminate (as the repeated extensions of the past century have established), or perpetual, or even particularly extended. There are only a small number of cases where a 50-60 year term wouldn't be sufficient, and the concept of an extension means that unvalued works would enter into the public domain quickly.

Re:In 'Sherlock Holmes' Rights Dispute, Conan Doyle Estate S... by inopinatus on Sunday August 10, 2014 @11:49PM (#8161846)
Then we are in agreement on the first part; and I have no opinion re. the latter.
Re:In 'Sherlock Holmes' Rights Dispute, Conan Doyle Estate S... by dredmorbius on Monday August 11, 2014 @12:08PM (#8163817)
Re: the latter. Look at the Constitutional basis for copyright and patent, at least in the US.

To achieve the ends, that is, the progress of science and useful arts, the means is provided: exclusive rights for limited times.