Re: [dvd-discuss] Eldred Amicus

[microlenz(at)earthlink.net]

That seems to be the problem with "intellectual property" <Oh..BTW..this is non 
D/A> You have it and unlike the loaf of bread it doesn't get moldy or stale and 
if you lose it someone else shouldn't eat it but if they do you can always 
claim that they have infringed. Nevertheless, the point is that copyrights are 
indeed rights but they do not have the same status as other rights since they 
can be given up, transferred or sold. I don't know of anyone willing to die for 
copyright but freedom of speech has had millions already. Copyright is a form 
of property in that it can be sold but unlike property they are not real or 
personal. It sits twixt and between the two. Creators have moral rights over 
their works (e.g., the NAME of who created it) but if they choose to sell their 
legal rights (<D/A> assuming a fair market place. If not then that is another 
problem that should be corrected rather than attempting band-aids.), attempting 
to restore them is as well intentioned but misguided as the restoring copyright 
to works in the public domain (see Golan v. Ashcroft) for those poor 
unfortunate people who couldn't figure out how to copyright things in another 
country or just were stupid (e.g., Night of the LIving Dead)

On 30 May 2002 at 2:40, Tom wrote:

Date sent:      	Thu, 30 May 2002 02:40:39 +0200
From:           	Tom <tom@lemuria.org>
To:             	dvd-discuss@eon.law.harvard.edu
Subject:        	Re: [dvd-discuss] Eldred Amicus
Send reply to:  	dvd-discuss@eon.law.harvard.edu

> On Wed, May 29, 2002 at 01:34:11PM -0700, Michael A Rolenz wrote:
> > <D/A> But these rights are not the same as free speech, due process, or 
> > self incrimination. Those rights cannot be transferred but copyright can
> > indeed and while not real or personal property they do have attributes of
> > those. The temporary or permanent transfer of copyright has been an accepted
> > part of the publishing industry for centuries. If those rights can be
> > transferred they they are part of the possessions of the author and those
> > possessions are part of the estate.
> 
> uh, no. a right to something is not the same as posession of something.
> I may have the right to a loaf of bread, but that ain't the same as
> having posession of it. for one, the loaf may not exist (we call this
> the stock exchange).
> 
> 
> 
> -- 
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