Re: [dvd-discuss] The Consumer Technology Bill of Rights

["Michael A Rolenz" <Michael.A.Rolenz(at)aero.org>]

Historically, the right to make copies was limited by technology and so 
the costs were high. The devils bargain was to provide the incentive for 
those fixed costs so that knowledge could be more widely dissemnatate. 
Today, the ability to copy is much less. That devils' bargain should be 
reexamined. Copyright is no longer the right to prevent copying by the 
holder but the right of the consumer to create copy.

(BTW has anyone noticed that woodworking books don't have drawings or blue 
prints anymore but pictures? The cost of doing an illustration is much 
more than taking a picture. Not so 30yrs ago.




"Ernest Miller" <ernest.miller@aya.yale.edu>
Sent by: owner-dvd-discuss@eon.law.harvard.edu
03/18/02 06:28 AM
Please respond to dvd-discuss

 
        To:     <dvd-discuss@eon.law.harvard.edu>
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        Subject:        Re: [dvd-discuss] The Consumer Technology Bill of Rights


I think the proper approach is to remove the exclusive right to make 
copies
from the list of rights held by the copyright owner and to increase 
reliance
on the distribution, display, etc. rights.

Some might say that this is a practical impossibility, but the opposition 
to
this will be no greater than the opposition to this "Bill of Rights" which
would essentially eliminate DRM.


----- Original Message -----
From: "Dean Sanchez" <DSanchez@fcci-group.com>
To: <dvd-discuss@eon.law.harvard.edu>
Sent: Monday, March 18, 2002 9:18 AM
Subject: [dvd-discuss] The Consumer Technology Bill of Rights


> Bob Thompson's site, http://www.ttgnet.com/rbt/rbtdaynotes.html , has a
link to a site, http://www.digitalconsumer.org , that is promoting a 'Bill
of Rights' for consumers.
>
> I know nothing about the site aside from what I've read on the it.
However, I think that the premise behind it has merit, but I would like to
see something similar to the Ninth and Tenth Amendments of the 
Constitution
added to it.  Maybe something along the lines of "Enumeration in this Bill
of certain rights shall not be construed to deny or disparage others
retained by the user.  The Rights not specifically delegated to the
Copyright Holder are reserved to the user."  And maybe replace 'user' with
'People' to reflect the fact that we hold these rights as citizens not 
just
consumers.,
>
> I know that we had discussed in the past the problems related to
enumerating the rights conferred through 'fair use' and 'first sale'.
Primarily, the fact that the process of sayings 'these are the right' 
would
eliminate any right to new uses.  However, I think that we have reached a
point where, because no rights have be enumerated, the traditional  'fair
use' and 'first sale' rights have eroded to such an extent that we no 
longer
have them anyway.  As for adding any new ones, that possibility no longer
exists.