Yes, I’ve been promising this for a very long time – but as soon as I get started on Digital Rights everything CHANGES and I have to start over again.
Further as Technology and the Internet both seem to work on what I call “Tech-Time” versus “Real-Time” – and real time is vastly slower than “Tech-Time”
How could that be? Well I’m not going to write a “mathematical theorem” or posit some “equation” to explain this. However, I’m sure most of you have heard of “Albert Einstein” and Special Relativity and/or General Relativity and therefore are somewhat familiar with the concept of the “space/time fabric relation”.
If one applies these theories to Technology and the Internet – just know that as one person is developing a concept, process or even a new service – somebody else is out there creating something very similar without knowing about the others efforts. Eventually, each discovers that they are working on the same concept or service, etc – and if EITHER are Patentable – meaning that that each “idea/concept” are “unique, non-obvious and are useful” and both of the “creators” don’t have enough sense to file at least a PROVISIONAL PATENT and then proceed to OBTAIN a PATENT – and yes, Software is both Copyrightable and Patentable” - having worked in the Software business for quite some time – I am all too familiar with companies that have produced extremely unique Software Applications but have FAILED to file a REGISTERED Copyright much less even KNEW that you could file a Patent and hence – their KILLER IDEA is now in the public domain and any other company can COPY their idea – (not their CODE) and create a similar application. Since both if not MORE companies or entities are working on the same ideas – then each company is investing massive amounts of time to reach the same or similar result. So what one does is apply those amounts of time invested by all and then factor in that each individuals efforts are measured in REAL TIME – however, the combined efforts are measured in “Tech-Time” thus one can easily see that “Tech-Time” is a combination of all of the REAL TIME efforts, thus increasing the REAL TIME EFFORTS by a factor of the number of entities that are working on similar or same ideas. To the power of “all creators efforts”.
With that said, as I work in Real Time – I have to factor in Tech-Time in order to stay ahead of the Curve thus making in almost impossible if not completely unobtainable to stay ahead of Technology! Now juxtapose that against what I call “Legislative-Time” which moves at a must more INCREDIBLY SLOW pace than even REAL-TIME then you start to see that the LAW will never, ever Catch up with “Real-Time” much less even come close to keeping up – much less staying ahead of “Tech-Time” and since my book is both about Technology and the Law – I will never be able to truly write about the “the present” state of things – other than the current state of the laws, but my goal is try to at least make an “Edumacated” guess as to what could be the future – as one must try to stay ahead of the curve in order to be successful.
Author of “The Truth about the Music Business”
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