RE: [dvd-discuss] Draft of upcoming article

[John Galt <galt(at)inconnu.isu.edu>]

Actually, this would lay to rest the Berne copyright once and for all.  
You get an automatic copyright via Berne, but the moment you post it 
publically without a license forbidding specific things, the door's open.  
It then becomes the onus of the person who wishes to gain the legal 
monopoly to delineate the boundaries of that monopoly.  The only problem 
is that it needs more teeth than a simple law, but the Constitution is 
mainly aimed at delineating the relationship of the .gov and the Citizen.  
There really needs to be a Social Contract of Civil cases of some kind, 
defining what a equity relationship entails and what if any recourse is 
available.

On Tue, 18 Dec 2001, Dean Sanchez wrote:

>What we actually need is something similar to the X Amendment:
>
>"Any rights not especially enumerated to the copyright holder are
>reserved to the people."
>
>And be very specific with those rights - the right to make commercial
>copies, etc.
>
>
>
>-----Original Message-----
>From: Richard Hartman [mailto:hartman@onetouch.com]
>Sent: Tuesday, December 18, 2001 4:58 PM
>To: 'dvd-discuss@eon.law.harvard.edu'
>Subject: RE: [dvd-discuss] Draft of upcoming article
>
>
>D'accord.  This whole issue about something
>being a "defense" against the charge of infringement,
>but requiring that the charge be brought before the
>defense can be presented seems a bit bass ackwards
>to me.
>
>Perhaps it is due to the fact that "fair use" must
>be determined on a case-by-case basis, therfore it
>must be brought before the jury before it can be
>decided?
>
>Face it ... if the law deliniated (sp?) the fair
>uses as X, Y and Z (but no more) then we'd be up
>a creek when somebody came up w/ a new fair use
>(possible when new technologies rear their heads
>... as in the case of desiring to play a legally
>purchased DVD on a computer running Linux when no
>commercial player has been made available ...)
>
>

-- 
When you are having a bad day, and it seems like everybody is trying to
tick you off, remember that it takes 42 muscles to produce a frown, but
only 4 muscles to  work the trigger of a good sniper rifle.

Who is John galt?  Galt@inconnu.isu.edu, that's who!