Exploiting Legal Loopholes

Chapter 13 Exploiting Legal Loopholes

After deciding to dedicate himself to the video game industry, Ethan had already researched at the city library during the two months he had traveled there, so he understood what Barbara meant by the fifty-six years.

The American Copyright Act of 1909 stipulates that copyright protection is granted to copyright holders for a period of 28 years from the date of creation, which can be extended once, for a total of 56 years.

In other words, no matter how popular a work is, its author can only enjoy the benefits for 56 years from the date of its creation. After 56 years, the work will become a public good, and anyone can use it at will.

This fact is actually very cruel.

Because it's possible that even if the author isn't dead, someone else might already be using his work to start dancing.

Ethan was very confused about this legal provision.

Because in his memory, the copyright protection law stipulates that it should be seventy years after the author's death, right?

At the time, he only thought that America's copyright law had been changed at some point, but now...

That time seems so close.

"Ms. Barbara, do you mean that the copyright protection law of 1909 will be amended soon?" Evelyn wasn't stupid, and directly asked the same question that Ethan was thinking.

"Yeah~ The copyright protection law will be changed soon! You heard me right, I said soon!"

Ms. Barbara leaned back and rested her hands on the armrests of the sofa.

The soft sensation made her eyes narrow instinctively, and even her voice carried a hint of pleasure.

"Guys! From what I've heard, a company that relies on copyrights for its livelihood is about to go under."

"Because if the current copyright protection law is followed, in a few years, their cash cow will become public domain. So, several years ago, they sent lobbying firms and people from both the Democratic and Republican parties to make contact. They urgently need to push for the amendment of the copyright protection law, and they are willing to spend a lot of money for this."

"Regarding this matter, I, my colleagues, my teachers, all believe that this company will succeed because it holds extraordinary significance for America..."

Upon hearing this, Ethan burst out laughing.

"Ms. Barbara, is it Disney? Mickey?" he asked bluntly.

"Huh? It's Walt Disney!" Ethan's words made Barbara laugh as well.

His two thin, long eyebrows shot up dramatically, making him look incredibly comical. "Their Mickey Mouse badges expire in '84! So you just have to wait a little while, and you'll be able to perfectly enjoy the conveniences of the new law!"

Why?

Evelyn was somewhat confused and said, "Professor Barbara, if we register the copyright now, we should be able to enjoy the protection of the new law after it comes into effect, right?"

"No, that's not how it is."

Before Barbara could answer, Ethan, carrying memories of his past life, spoke up first: "Evelyn, I understand what Professor Barbara means. Capitalists are all greedy. No one knows what methods they will use to persuade others, and no one knows whether they will harm others while protecting themselves."

"For example, is the copyright of Mickey Mouse currently held by an individual or a corporation? When Disney is lobbying, they can easily differentiate between the copyright terms for individuals and corporations! How many years for an individual and how many years for a corporation."

"Teacher Barbara's point is very simple. If we register copyrights now, we are gambling with the capitalists using the green Franklin. We can wait for the new bill to come out and register the one that best suits us. If the provisions for natural persons are better, then we can apply in the name of a natural person. Otherwise, we can form a company."

That's right! Ethan suddenly remembered! In his previous life, in some version of the American copyright law, the nature of the copyright holder was treated differently to varying degrees!

He no longer knew the specific legal provisions, after all, he wasn't a lawyer, but the name Disney spoke for itself!

Walt Disney died in 1966. If we follow the legal provision that the copyright expires seventy years after the author's death, then Mickey's copyright should expire in 2036. However, before Ethan traveled through time, he had already heard that Mickey's copyright was about to expire again, and Disney was lobbying Congress to amend the copyright protection law. Since there is a time difference, there must be a problem!

If it weren't for Barbara's reminder, he probably wouldn't have noticed it and wouldn't have cared.

But since Barbara said it...

In the United States, wouldn't it be foolish not to follow the copyright-obsessed leader in copyright protection?

Ethan stopped there.

He met the girl's gaze, and he could see surprise in her eyes.

He then said with a smile, "Evelyn, in this country, if you don't prioritize maximizing profits, you'll never be able to participate in the business game."

"Who wants to go into business?" Evelyn muttered defiantly after figuring it out.

"Even if you're not in business, you should still understand this, because the same applies to other things."

Ethan laughed and said, "In America, whatever we do, the first thing we do is try every means to protect our own interests."

"Even if you want to change the world, you have to become strong yourself first."

"Okay! Okay! I was being childish just now, okay?" Evelyn didn't want to argue and took the initiative to admit defeat.

Ms. Barbara, who witnessed all of this, crossed her arms and looked on with admiration. "Ethan Jones, is that right? Are you interested in law? If so, you can come to Stanford this year."

She waved her hand and said, "Although Stanford's fall application period ends in March this year, that only applies to ordinary people. You can choose any major, study for four years, and then come directly to law school to study law..."

"Honestly! I think your idea is fantastic! Lots of guys think they can save the world just by passing the bar exam! But they don't realize that you can only change things by improving yourself first!"

"Anyway, I think that if you become a lawyer, your future will be very bright."

The sudden offer of an olive branch made Evelyn's eyes widen involuntarily.

The girl knew this was an opportunity.

Ethan politely declined the invitation.

"Oh, Ms. Barbara, thank you so much for your recognition. I will definitely come to you if I need anything."

"Right now, all I want to know is how to protect myself legally without registering a copyright."

"I believe that since you told us not to register copyrights and mentioned the drawbacks of that damn expedited service, there must be other ways to bypass all of this."

"Is it right?"

Ethan smiled.

His words and actions were impeccably gentlemanly.

"You really are talented, what a pity."

Barbara wasn't disappointed, and nodded with a smile, "Since you've already figured out what I mean, I'll be frank. The current laws do have loopholes, because things like arcade machines can completely operate without registering copyrights..."

Under Ms. Barbara's guidance, Ethan quickly learned how to exploit legal loopholes while protecting himself with the law.

That is to register a patent for the arcade game "Snake".

On the surface, "Snake" doesn't seem to have any patents. Its content is pieced together using existing technology, and it would most likely be rejected by the patent office if it were to undergo formal examination.

However, there are actually two channels for patent applications in America: formal applications and provisional applications.

The former, a formal application, requires the submission of a series of documents, such as formal claims, an affidavit or declaration, and an IDS (Information Disclosure Statement). It also requires the designation of the inventor and prohibits any modifications to the patent content after the application is submitted. The latter, a provisional application, does not require any documents. The applicant only needs to file a record with the patent office, and the application is valid for one year.

Although a provisional application will not issue a patent certificate, it is not important, because Ethan only wants to protect himself with the law before the new copyright protection law is introduced. Once the patent office stamps the document, anyone who dares to copy the game "Snake" will be punished by law!

The difference between the patent office's provisional application and the copyright office's expedited service is that the copyright office's expedited service can only be applied for after the infringement has occurred. In the process of confirming copyright, the injured party has no evidence to sue others.

But a provisional application from the patent office is different. Once an infringement occurs, a lawyer can use this to take the plagiarist to court! Even if the court ultimately finds it to be copyright infringement rather than patent infringement, it doesn't matter, because the waiting stage for assertion has been eliminated!

Once the court accepts a tort case, the plaintiffs can petition the court to order the defendant to cease the infringement!

If Milrova had done that back then, Atari would never have been able to develop!

When the court has already ordered the defendant to stop selling the game consoles, how much money is Nolan Bushnell making?

Ethan greatly admired this line of thinking.

Can you use catch-all legal provisions to protect your own interests?

This guy is seriously a mage!

At the same time, Ethan encountered a new problem.

He looked at Barbara with a puzzled expression and said, "Ms. Barbara, if what you're saying is true, then things don't make sense. Because I remember that Milrova did register a patent for its Odyssey home video game console, so why can't they sue like this?"

As soon as he said it, Ethan realized something was wrong.

After thinking for two seconds, he shouted again, "Oh! Fxxk!!! Nolan Bushnell makes arcade games!!!"

"Yeah~~~"

Ethan's reaction prompted Ms. Barbara to applaud, saying happily, "Milovar's patent is for home video game consoles, while Atari's is for electronic arcade machines. The two products are completely different. How can you expect Milovar to use its patent rights for home video game consoles to sue electronic arcade machines?"

"But the situation you are facing now is different. Currently, most businesses on the market believe that home video game consoles are a money-losing product, so if someone wants to copy you, they can only copy electronic arcade machines. At that time, once you find someone infringing on your rights, you can directly sue them."

This magical clash was truly an eye-opener for Ethan!

Although he already knew that no one who makes big money is simple, well...

He felt that this matter could no longer be described with the word "simple"!

The fifty-minute conversation was very beneficial to him, and when it was almost time to say goodbye to Barbara, Ethan was also very enthusiastic.

After expressing his gratitude repeatedly, he stood at the office door and watched the other person leave.

Watching her jog off to class, Ethan had a question: "Does Ms. Barbara offer legal counsel services?"

"Of course." Evelyn, standing beside him, nodded with a smile.

"How much does it cost?"

"I asked her this question before. Before she came to the school, her consultation fee was fifty dollars per hour. After she came to the school, she only answered questions from teachers, students and friends because she had to attend classes."

The tuition fee made Ethan remark with some emotion, "Isn't this the real benefit of going to college?"

"So you regret it?" Evelyn still wanted to try. "It's not too late to regret it. You can catch up now."

"Regret? Are you kidding me?"

Ethan glanced at Evelyn and said, "I, Ethan Jones, am a man of strong will! I'm not the kind of person who regrets things!"

"Even if I don't run into Ms. Barbara today, I can find someone else!"

"Remember, the Earth will keep turning no matter who's gone!"

"Really?" Ethan's stubbornness brought a playful smile to Evelyn's face. "Does that mean you won't ask me for help anymore?"

At this point, she stretched and exclaimed, "Oh, this is great news! Finally, no one will bother me anymore!"

"?" Ethan was dumbfounded.

"!" He stared blankly at Evelyn.

"I was wrong, sister!" He knelt down faster than a Gallic rooster.

Thank you to [Book Friend 20190611195126616] for the 100 Qidian Coins reward, and thank you all for your votes.

Note: ① In the United States, a bachelor's degree is required to apply for law. ② The provisional patent application mentioned in the article, which is only for obtaining legal protection, is widely used in the United States because many people have found it useful. The one-year provisional period allows countless entrepreneurs to test the market to see if their products have potential. If they do, they formally apply to start fundraising; if not, they give up.

(End of this chapter)