Question

1）Short answers - write no more than 3-4 sentences for each part.

A. If imitating (copying) other businesses is easier and cheaper than innovating, why do governments support innovation more than imitation?
What is the "public domain" in intellectual property and what is its
B. significance for innovation?
C. Describe two features of copyright law that support the claim that "the public domain is shrinking.
D. Open content does not oppose copyright, but rather, relies upon it" (T Kreutzer, in Lucie Guibault and Christina Angelpoulos (eds) Open Content Licensing: From Theory to Practice) Explain the meaning of this quotation in your own words.
D. How do the cloners of video games take advantage of the fundamental principle that
"copyright does not protect ideas".

Answer 1

Governments prioritize support for innovation over imitation due to the benefits it brings such as technological advancement and economic growth. The public domain plays a significant role in innovation as it allows for the free use of works without legal restrictions. Features of copyright law, such as extended terms and restrictive fair use interpretations, contribute to the shrinking of the public domain. Open content licensing is reliant on copyright, and cloners of video games take advantage of copyright's protection of expressions rather than ideas.

Step-by-step explanation:

Governments support innovation more than imitation because innovation leads to advancements in technology, economic growth, and job creation. Imitation may be easier and cheaper, but it does not drive progress and improvement in the same way that innovation does. Furthermore, governments recognize that supporting innovation can lead to a competitive advantage for a country in the global market.

The public domain in intellectual property refers to works that are not protected by copyright or any other form of intellectual property rights. These works are freely available for anyone to use, modify, and distribute. The public domain is significant for innovation because it allows individuals and organizations to build upon existing knowledge and creations without encountering legal barriers.

Two features of copyright law that support the claim that the public domain is shrinking are:

1. Extended copyright terms: Copyright terms have been extended multiple times, which means that works that would have entered the public domain are now protected for a longer period.
2. Restrictive fair use interpretations: Courts have become more strict in applying fair use exceptions, limiting the range of uses that can be deemed permissible without permission from copyright holders.

The quote from T. Kreutzer means that open content, which refers to content that can be freely used, modified, and shared, does not oppose copyright as it relies on the framework provided by copyright law to ensure those freedoms. Open content licenses work within the existing copyright system to grant permissions and allow for the sharing of knowledge and creativity.

The cloners of video games take advantage of the fact that copyright does not protect ideas but rather the expression of those ideas. While they cannot copy the exact code or assets of a video game, they can create a similar game that includes different code and assets but shares similar ideas or concepts. As long as they do not directly copy the specific elements of the original game, they can utilize the fundamental principle of copyright protection for ideas.