

I’m not ideologically opposed to people earning money with their unique ideas and artistic execution. Creative work is work is work. But I don’t think that IP should be the gift that keeps on giving three generations after an authors death. IMHO, the public has a reasonable interest in works remaining available, that’s why the “maintenance / out of print” clause. Writing good code is authorship. It’s only natural the same rules apply, though I wouldn’t be principally opposed to applying different time lines, e.g., 5 years for unmaintained proprietary code vs 20 years for books, to reflect the uniquely fast pace of software development vs the more long-lasting beauty of traditional art and literature. Of course there would need to be some very careful wording to define maintenance (e.g., in respect to which platform? What about versions of the same software) and to prevent on-paper continued availability of books at an inappropriately increased price. However, I believe the law makers and the courts could handle this medium diff if there was political will.


Second this and adding: Fiduciary responsibility and how US economic law places it above all else. Other jurisdictions, particularly in Europe, require companies to balance multiple responsibilities, such as towards their workforce, societal, ecological, and yes, fiduciary, too. It doesn’t solve all issues and can be vague AF, but at least well-meaning CEOs can fall back to these other corporate responsibilities in court while the same CEO would be sued into oblivion by US shareholders.