DBWI : Perpetual copyright 28th amendment never passed?

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I see someone else listens to Secretary Schneier's podcast! Good stuff.

But yes, incorporating biodata as well as personal data under the "all works attributable thereto" moral-rights clause has meant that the various predatory biotech companies you see in much of the rest of the developed world essentially can't operate in the US, since they can actually be held accountable. I don't think there ever could have been anything like a Lacks lawsuit anywhere outside of the US, for example, and the non-US direct-to-consumer genetic testing companies seem to have a horrifying scandal every week, with genetic data being leaked accidentally-on-purpose to some secret police agency for warrantless investigation, or this latest news that the Wuhan Institute of Biological Products was trying to develop an ethnically-targeted bioweapon based on WeGene data. I much prefer that kind of company having to be open and transparent with its licensed data and fully accountable to the people who own it, even if the company obviously doesn't.

(Though it has to be noted, for clarity, that patents are different from copyrights and aren't actually covered by the clause. The reason that the biotech companies are hoarding all of their patents in Native American holding companies has to do with the Allergan case, which essentially said that the US Patent Office's "patent court" couldn't cancel biotech patents that were ultimately derived from illegally-obtained data for reasons of "inequitable conduct," because the tribe had sovereign immunity and the patent court didn't have jurisdiction. Not quite the Shadowrun-style extraterritoriality it's sometimes been made out to be, but a little more in that vein than what you were mentioning.)

Speaking of horrifying cyberpunk dystopias, I think the 28th amendment also helped to avoid the overcentralized "social media" companies you see in countries that up until recently haven't had strong personal data protections, with all the attendant baggage. (We all remember the scandal with RealM in South Korea last year, and the quadruple-digit body count that's probably attributable to their secret "drama-promotion" algorithms.) As was mentioned in the podcast, that's not only because citizens can demand a full accounting of all licensed data at any given time, but also because "harder" protections like modern copyright are superior to "softer" protections like trade secrets. You really can't effectively regulate a data services corporation if it won't tell anyone what it's doing, and nobody can actually make sure their data's not being misused if they don't know what's happening to it and when. If the whole interlocking internet infrastructure is holed through with trade secrets, nobody's going to have any privacy or security -- meaning that strong copyright protections are an essential part of breaking up the data services guild system, just as patents were essential to breaking up the manufacturing guild system way back when.
True but consider that the Campbell/ Mankiller clause to the 28th Amendment, are considered essential for two reasons. First, they did establish the legal grounds for the patent protections, while indirectly, with the Allegran case served as the establishing the breadth of protection.

Second, the cases served to inspire aboriginal and indigenous peoples to establish similar protections of environmental items. Monsanto certainly faced troubles with the legal challenges at Hague presented by the first nations of Brazil, South Africa, Canada and Australia.

In terms of copyright law, consider that Walt Disney, Marvel and DC Comics have all suffered pretty badly as a result of the 28th Amendment. Consider that is why Superman was "rebooted" in 1998 by DC Comics, just so DC Comics wouldn't have to pay the families of Siegel and Schuster any further residuals. It's also the reason he has been the electric energy being since the "Doomsday" storyline. It's also why Batman / Bruce Wayne were killed off after the "Knightfall," storyline with Jean-Paul Valley. No one wanted to pay the estate of Bob Kane.
 
Consider that the major challenge and opponent to the 28th Amendment has been the biotech industry. Ever since 1999, Genentech to Monsanto Corporation have filed massive lawsuits over who owns the patents and copyright to genomes of organisms.

The reason Clinton eventually supported the passage of the 28th Amendment was the Native American leaders like Benjamin Nighthorse Campbell and Wilma Mankiller who noted that the First Nations maintained the IPO rights to many of the indigenous species of plants and animals across the Western Hemisphere. That is why groups like Idle No More, Turtle Island, and the American Indian Movement (AIM) have earned billions from the biotech revolution.

If one were to "butterfly" the development of the Amendment, consider that most Native American nations would still have to rely solely on gaming/gambling for survival.

I mean anti Native american racist is the worst in about 70 years, so i dont think its all sunshine and roses, i mean 15 Cases of lynching this year alone What the Fuck USA ?
 
If it wasn't for the 28th Amendment, would the U.S. Libertarian Party still elect several members of Congress, a Governor in Idaho and 3 US Senators?
 

CalBear

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I see someone else listens to Secretary Schneier's podcast! Good stuff.

But yes, incorporating biodata as well as personal data under the "all works attributable thereto" moral-rights clause has meant that the various predatory biotech companies you see in much of the rest of the developed world essentially can't operate in the US, since they can actually be held accountable. I don't think there ever could have been anything like a Lacks lawsuit anywhere outside of the US, for example, and the non-US direct-to-consumer genetic testing companies seem to have a horrifying scandal every week, with genetic data being leaked accidentally-on-purpose to some secret police agency for warrantless investigation, or this latest news that the Wuhan Institute of Biological Products was trying to develop an ethnically-targeted bioweapon based on WeGene data. I much prefer that kind of company having to be open and transparent with its licensed data and fully accountable to the people who own it, even if the company obviously doesn't.

(Though it has to be noted, for clarity, that patents are different from copyrights and aren't actually covered by the clause. The reason that the biotech companies are hoarding all of their patents in Native American holding companies has to do with the Allergan case, which essentially said that the US Patent Office's "patent court" couldn't cancel biotech patents that were ultimately derived from illegally-obtained data for reasons of "inequitable conduct," because the tribe had sovereign immunity and the patent court didn't have jurisdiction. Not quite the Shadowrun-style extraterritoriality it's sometimes been made out to be, but a little more in that vein than what you were mentioning.)

Speaking of horrifying cyberpunk dystopias, I think the 28th amendment also helped to avoid the overcentralized "social media" companies you see in countries that up until recently haven't had strong personal data protections, with all the attendant baggage. (We all remember the scandal with RealM in South Korea last year, and the quadruple-digit body count that's probably attributable to their secret "drama-promotion" algorithms.) As was mentioned in the podcast, that's not only because citizens can demand a full accounting of all licensed data at any given time, but also because "harder" protections like modern copyright are superior to "softer" protections like trade secrets. You really can't effectively regulate a data services corporation if it won't tell anyone what it's doing, and nobody can actually make sure their data's not being misused if they don't know what's happening to it and when. If the whole interlocking internet infrastructure is holed through with trade secrets, nobody's going to have any privacy or security -- meaning that strong copyright protections are an essential part of breaking up the data services guild system, just as patents were essential to breaking up the manufacturing guild system way back when.
You WILL NOT try to start some conspiracy BS regarding the "bioweapon lab" and nCoV.

WILL NOT.

Be ever so grateful that this is just a kick.
 

CalBear

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Third post in this thread clearly violates the admittedly tenuous DBWI rules by try it retocon a post. That makes this a role play.

Locked.
 
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