Thanks for this, bayside! Inspiring to see that even Duke University is getting involved with this.
I can smell a slow shift in this area, and I wouldn't be surprised to see this being part of a larger political shift over several years (I'm NOT talking about party politics, but about something that spans both parties).
They make the point very nicely that you can't describe a reality that is 99% proprietary.
Next you'd have Mickey Spillane walking down the street in a reprint of an old novel, looking up at the big white lettered sign on the hillside that read "Bollywood" (because the Holllywood Chamber of Commerce owns all right to the actual sign, and the clearance was too expensive.)
Then he takes a flight to NYC. "I like NY," he says to himself (because "I love (heart) NY" is trademarked and viciously protected, and the clearance would have cost too much).
Turning on the evening news, we are treated to a field reporter interviewing a crime victim under a large hood that obstructs all local trademarks and landmarks: "I was mugged right next to the *b-l-e-e-e-e-p* store next to my home, just after I had dinner at *b-l-e-e-e-e-p*. I saw the robber disappear in a *b-l-e-e-e-e-p* car, ..."
My bet is that there will be a seismic shift in the laws in this area, and we'll end up with more reasonable rules. The change may be either in book law or in case law, we'll see.
For a while it will then be OK, then it will of course be back to the same ol' again.
Coursedesign - you are much more optimistic than I am. I like that. I'll try to adopt your perspective.
Mine lies somewhere in the realm of:
a) independant artists (music, art, video, etc), the ones that really need protection, losing more ground, and large corporately sponsored mega stars' labels, publishers and studios just getting more, to the point that eventually the industry self-implodes and once again, creativity is loosed to the masses to reinvent out of the chaos that ensues;
or,
b) in 10 years, there is nothing but stock art left, mostly owned by retired lawyers, and the most original thing we see and hear is the weather. ;-)
in 10 years, there is nothing but stock art left, mostly owned by retired lawyers
This is a very funny observation that takes on some seriousness when viewing many recent U.S. patent cases along the lines of Hook, Crook, and Greed v. Real People Scientists and Engineers.