Random Fictional Notes – Intellectual Property

Interstellar community, especially interstellar legal experts considers Earth intellectual property laws to be “draconian and abusive”. This is not a hyperbole. The reasons are follows:

 

1. Berne Convention states that in case of copyright infringement, the law where the infringing material originates is used. Within a planet, this is a useful tool, but when Earth attempted to bring this idea in the Trans Galactic Treaty the idea was immediately shot down with the Earth representative being permanently expelled from the meeting room because it violates the principle of “no enforcement of law outside of local planet”, or more known as the Foreign Law Exclusion Clause.

 

2. In Earth, natural materials can be patented, even when it is medicine. In other planets, attempting this would result in patent fraud charges which is considered a war crime level business crime because of the potential of causing wars. In some planets the offenders are treated as war criminals. In foreign planets, those things can be registered as “original production license” where it is similar to patents except that license holders must allow other entities to produce the same product, albeit under a fee designated by governments and these entities are allowed to research related but different materials to improve them.

 

3. In Earth, universal trademarks are allowed. In most extraterrestrial planets, that is trademark fraud except in several circumstances. Having a specific trademark that applies to all items produced by the same entity is fine, but having universal trademark when only one specific trademark is used is a fraud. Earth was actually banned from sending athletes to sports event beyond global level for this reason for a period of time, but I will not mention the specifics which can cause me to be sued.

 

4. Copyrights in Earth is very long by extraterrestrial standards. In most extraterrestrial laws, copyrights can expire immediately if the author dies, especially for self published works unless being transferred through a probate. Copyrights also expire for products if it was not sold for a certain time and ties specifically to a certain medium and edition. Earth legal experts considered such laws “a poison of media creation”. Extraterrestrial legal experts rebutted that this is the only way to prevent “abusive product obsolescence”. They have loopholes where continuously updated materials (e.g. arcade games with separate editions) is treated as one material, though.

 

5. Abandonware is not legally supported in Earth. In other developed planets, it is. Again, this is to prevent “abusive product obsolescence”. However, some planets have government owning all copyright to works of local origin if the owner cannot be identified and will let interested entities to take over copyrights from them. Some Earth government adopted this policy, but it was prone to abuse to control publications.

 

6. In Earth, it is illegal to pirate anything which as produced and sold solely in foreign countries. In foreign planets, it is completely legal. However, copyright laws can be enforced retroactively when said materials are released. Earth governments who attempted to do the same thing were overthrown in elections with no exceptions with succeeding governments repealing them under citizen pressure.

 

As a result, Earth was forced to adopt extraterrestrial copyright laws as failing to do so means being expelled from the Trans Galactic Treaty.

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