[Crm-sig] Intellectual Property Rights and E30 / E72

Martin Doerr martin at ics.forth.gr
Fri Mar 23 11:48:50 EET 2018


Dear Robert,

This is a very interesting question. Methodologically, we built 
bottom-up from what we have understood. The idea so far was, that 
symbolic objects are tangible in a sense that they can be subject to an 
objective description of what a right is about. Indeed, patents show 
that the right to be formulated needs a symbolic object as target.

It is equally correct, that the patent is about a conceptual object. We 
had discussed in the past that there is a vast variety of conceptual 
objects, such as many types of things and ideas, which do not have 
sufficient precision to be subject to rights.
We have so far not found a good characterization of non-symbolic kinds 
of conceptual objects, which would be independent from just having the 
potential to be subject to right. Nowadays, people do even claim patents 
on species, but declaring a new class of conceptual objects defined as 
being those that are also E72 would be a tautology with E72 intersected 
with E28, hence nothing new. I doubt that even any lawyer could give us 
better rules.

Putting a property too high up causes in the future non-monotonic 
changes, when systematic cases are found, that must be modeled 
differently. So, it is a question of balancing "unintended models" 
against being too close. This has been exactly described by Nicola 
Guarino in "Formal Ontology and Information Systems". In N. Guarino 
(ed.), Formal Ontology in Information Systems. Proc. of the 1st 
International Conference, Trento, Italy, 6-8 June 1998. IOS Press.

Now, logically, it is not correct to say: "This does not allow for works 
that are conceptual but not symbolic, such as the plot of a movie or 
other E89s or E28s to have any legal status.".

We apply an Open World model, and, in general, do not describe negative 
knowledge, such as disjointness. E90 being subclass of E72, does not 
mean that other things CANNOT be E72. There is no disjointness statement 
implied. You simply use multiple instantiation for those things, that 
are E72, but not instance of any explicit subclass of it. The CRM and 
RDF/OWL allows for that. Your S/W should allow for that. Often, S/W does 
not foresee multiple instantiation, which is a logical problem of the S/W.
If we interpret the fact that Information Object is both propositional 
and Symbolic, the right can apply to both the symbolic form or the idea 
expressed, as long as we create no other instance representing the idea 
itself in an identifiable way. This could be characterized by the 
description of the right..

So far my thoughts,

All the best,

Martin



On 3/22/2018 10:17 PM, Robert Sanderson wrote:
>
> Dear all,
>
> In the CRM, Rights are associated with E72_Legal_Object, which is the 
> parent class of Physical Thing and Symbolic Object.
>
> This does not allow for works that are conceptual but not symbolic, 
> such as the plot of a movie or other E89s or E28s to have any legal 
> status.
>
> Given that intellectual property does have some legal protection such 
> as patents (a patent document has symbols, but the protection is for 
> the idea described by that document, not the document itself), should 
> it instead be the parent of Physical Thing and Conceptual Object?
>
> Many thanks for your thoughts on this,
>
> Rob
>
>
>
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