Comments on: Judge.me, Private Arbitration and Intellectual Property http://libertarianstandard.com/2012/05/14/judge-me-private-arbitration-and-intellectual-property/ Property - Prosperity - Peace Mon, 20 May 2013 06:54:19 +0000 hourly 1 http://wordpress.org/?v=3.5.1 By: Polycentric law « The Rule of Freedomhttp://libertarianstandard.com/2012/05/14/judge-me-private-arbitration-and-intellectual-property/#comment-2752 Polycentric law « The Rule of Freedom Tue, 31 Jul 2012 12:02:09 +0000 http://libertarianstandard.com/?p=11039#comment-2752 [...] would be chosen for their expertise, efficiency and integrity as impartial judges, as they are now. Arbitration has even gone online. Judge.me is a company that resolves international disputes in a matter of days based on common [...]

]]> By: Matthew Swaringenhttp://libertarianstandard.com/2012/05/14/judge-me-private-arbitration-and-intellectual-property/#comment-2693 Matthew Swaringen Thu, 07 Jun 2012 18:31:13 +0000 http://libertarianstandard.com/?p=11039#comment-2693 How many people actually read or understand the majority of the EULA? When contracts are signed (for buying a house or car) part of the process is discussing the terms, but a EULA isn’t verified with the user at all.

Additionally, the problem with copying isn’t just the person you sold it to, but whomever they may allow (purposefully or not) to copy it. How are you even going to find out about most infractions? Most of them will involve trading between 2 people who will be completely anonymous to you. Only in a small fraction of cases are you going to find out whether they were party to your contracts.

The reason that this can be “found out” now to a significant degree is laws that require ISPs to give up information on their customers and laws that force businesses to comply with audits of their licenses. If this wasn’t required by law, do you think there would be enough voluntary support for IP to seriously ostracize people for not carrying out these audits or handing out information regarding their clients? It’s not very likely.

]]> By: Cherylhttp://libertarianstandard.com/2012/05/14/judge-me-private-arbitration-and-intellectual-property/#comment-2657 Cheryl Fri, 18 May 2012 16:52:40 +0000 http://libertarianstandard.com/?p=11039#comment-2657 “To sue someone you need to allege they have harmed you—invaded your property rights. Some contract breach, tort, trespass, or even crime. Now if you make the text of a novel or the digital file of a song or movie public (for whatever reason), and someone else copies and uses it and redistributes it (for free; or for monetary consideration); or if someone imitates your product and sells a competing ones—what possible common law claim could you have? None.”

So if I wanted to share something with another person but be sure that they couldn’t redistribute and sell it, I would have to enter into a contract with that person- a condition of them accepting my manuscript to read or my song to listen to would be that they agreed not to do this, and they would have to sign a statement saying this before I would give them a copy. But this is already what we have happening with most intellectual property, in end-user license agreements and digital rights management. Wouldn’t these be upheld?

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