Monday, November 23

Anglo-American vs. Continental European: Understanding of IP

When one thinks about the different perceptions of IP (eg. copyright) in the two continents, it is indeed different in many ways. US (UK less) has always had the representation of a Warner-Universal playground, where they state the rules and follow the consumers, while EU has been more of a liberal and consumer-protective state.

This stance derives from the two different judicial systems that rule the EU and US/UK courts. As the model in the US and UK (what is lawful and what is a crime/unlawful) depends on the persons ability to represent itself (lawyers) and the judges/juries perception of the situation (settlements of previous cases), it is rather easy to understand, why the consumers in US are in the losing position. One would imagine that it is quite hard for a person or a group of persons to fight against the conglomerates, when wanting to get their perception legitimized in a courtroom. The army of lawyers standing against them simply disallows it.

The judicial system of continental EU on the other hand is different, having more Deutsche influences. That meaning, that the law has to be written and universally accepted by every member of society. The mark-up of the laws has and will offer citizens the same rights in every situation with similar lines (but different backgrounds). This universality/equality denies media-conglomerates the ability to easily fight against the minorities (anti-current-IP etc.), because the majority usually doesn't like seeing acts criminalized by the courts - therefore the politics (and other persons affecting the courtrooms) don't have the will to support conglomerates that much in their fight.

So in conclusion, the main difference between the two system comes out of different judicial systems - the persons or perceptions under them don't differ as much to me. But if I'd have to choose which one to support, I'm more pro-EU model as I like the concept of laws being universal to everybody, evading then the need to see and organize big-scale courtroom-theatricals.

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