At the risk of throwing in another indecipherable Nevium question on copyright infringement damages I want to move you in a little bit of different direction I mean we chat about it on the way over here which is the comparison of copyright to other forms of intellectual property protection. So there is the access to knowledge problem obviously crosses into virtually the four major four major areas of intellectual property although you could argue that patent for example because of the fact that you can examine the application would be something that would be better.
Where do you see copyright falling on the spectrum on a broader level vis-a-vis the other areas of intellectual property given these recent developments? In other words people historically have viewed copyright as being much more democratic idea than democratic with a small D of course than currently constituted. I am curious to get your thoughts on where this issue falls in the broader spectrum of where intellectual property is moving generally.
Well that is a really tough question quickly okay patent law is a very interesting issue and integrating patent law into my concept of distribution information is not something I really worked very hard on because it is I thought about it but I do not have any answers for that. I think trademarks is not intellectual property law. Trademarks consumer protection trademarks fair competition trademark is not intellectual property law it is commonly put in property law it should not be to the extent that it is stolen ideas from intellectual property law and begin to create the concepts of famous marks and all this other BS it is an abomination so I do not think trademark law should be in the intellectual property regime at all.
Trade secret law is a very different thing I mean copyright infringement damages are there is lots that could be said about that it basically again trade secrets come down to unfair competition and these are ideas that would not be publicly distributed anyway that are not patented and so it is basically come down unfair competition law which means also once it gets out in the public well hey sue the guy for damages but it is too late.
And that point once it becomes once it is publicly distributed then it should no longer be a trade secret and tough tillydywinks for them you cannot put the cat back in the box or cat back in the bag. I you know again I like to think about copyright telecom and freedom of the press as a whole. Now as a small D democrat it is very interesting when you are looking at the ideas behind freedom of the press and copyright.
One of the basic ideas behind copyright initially was to get away from the patronage system so that no longer were the elites paying but it was this democratic ideal of all you people out there paying the authors and the authors got paid on a democratic basis as opposed to an elite basis. So copyright very much having to do with protecting small D democratic values. And again the First Amendment I am a Balkinite Jack Balkins theory of the values and purposes of the First Amendment as the purpose and values of the First Amendment is to enhance social social democracy cultural democracy not simply political issues. So I am and so my ideas of copyright feed into that as well I think among and cataloging now it is got out of hand.