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Yeah it's an interesting problem. Modern copyright law seems pretty obviously problematic for software and needs an update, but IP is always tricky and the system we have works well enough, I guess.
In general I think it would be great for game companies to have to release the code open source if they're going to stop supporting something, even an old version of a game. WoW Classic is a great example, how there was obviously a huge amount of players that still wanted to play it but weren't able to due to Blizzard's decisions. And now it's mostly dying with the Turtle WoW lawsuit. Tragic.
Yep.
I think the regular threat of release to the 'public domain' or open-sourcing, as you say, would be a positive incentive for companies to maintain games and eventually 'allow' the community to gain some ownership of them if the community wishes to maintain their game past its intended lifespan.
They should be able to figure out a price point which balances out all these concerns if there's some hard limits in the law.
Personally, I think that if you are going to withhold access to a given product entirely, making it unavailable for purchase or even rental to the 'general public,' that's akin to waiving the protections against others copying and distributing said IP. But I might even go a step further and say some information is 'inherently' of value to the public and thus should be kept accessible on general principle, so I generally support the Sci-hub mission.
In general I think our IP laws dramatically stifle competition in the creative realms, which as a consumer absolutely sucks! We could have so many awesome spinoffs of LOTR or Star Wars by now if our laws were sane.
'Fan fiction' could just become the norm a decade after a story gets told. Which would be a great change.
I dream of an era where the "canon" for a given series isn't dictated by the primary IP holder, but instead can be forked off by people where-ever they want, and fans can just form organic consensuses as to what particular canon is 'best,' and pick and choose precisely which parts of it they want to incorporate into their particular experience.
I would absolutely prefer the version of Star Wars where the Darth Jar-Jar theory was true and he turned out to be the evil behind Snoke in the new trilogy. Let me have my canon, and you can have... whatever The Rise of Skywalker was.
Force these massive companies to compete on something resembling quality, rather than Neener neener I own the IP, you have to go through me if you want more content.
That does sound good, except as the other user noted, the IP laws also protect the small quality authors from the massive slop companies to an extent. Right now, if you have Legends of Gemlands and a generic mass-marketed Slop Wars, you can google the former and it will come up. Gonna be a lot tougher if the massive company can fork Legends of Gemlands and have their version come up in the first 10 pages of search.
That's trademark (identity), not copyright (content). Nobody is suggesting that trademark be abolished.
Wouldn't forked content necessarily have identity similar enough that it is easily confused?
The trademark is the name of the work, not the plot and the characters. Just call your fork Legends of Crystalia, and mention on the same page that it's a fork of Legends of Gemlands not endorsed by the original creator, in order to avoid any confusion. (Though if the characters are trademarked separately—e. g., using a specific gemstone character that figures prominently in the plot as the logo for Legends of Gemlands—then you will have problems.)
For a real-world example, see the recent controversy between Notepad++ (trademarked) and a fork that dared to call itself Notepad++ for Mac without authorization.
I think the overall result, though, is not a proliferation of independent creators protected from corporate overreach, its just an inevitable centralization of all the media to the eternal corporate entities, who then shut down anyone else who might want to spin off the works in question... including the original creator.
The ONLY reason Calvin and Hobbes hasn't burned up its Dragon's hoard of goodwill is because the creator has simply refused to be bought and has become a recluse, the sole holdout of his generation of artists.
But it is certain that once he dies, it too will be sucked up into the corporate vaults and exploited to the max.
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