RE: [dvd-discuss] You can go swimming, but....

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

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There MIGHT be licensing laws as well for teaching.  There also isn't a 
law that says that you can't do open-heart surgery on yourself, but 
there IS a corresponding law that you cannot teach open-heart surgery 
without certification....

On Tue, 23 Jul 2002, Ballowe, Charles wrote:

>Even if it takes an MD to do a tattoo, I don't think they can say a
>person isn't allowed to take a tattoo gun to their own body in the
>privacy of their own home. Nor does it prevent one from telling others
>how to do the same. 
>
>> -----Original Message-----
>> From: mickey [mailto:mickeym@mindspring.com]
>> Sent: Tuesday, July 23, 2002 11:29 AM
>> To: dvd-discuss@eon.law.harvard.edu
>> Subject: Re: [dvd-discuss] You can go swimming, but....
>> 
>> 
>> 
>> I see the cases as similar because of the authority issue.
>> 
>> How do I become authorized to perform the conduct required to apply a 
>> tatoo (or watch a dvd)?  There is an FA right to bear a 
>> tatoo, but there 
>> is a process to make a tatoo that requires legal authorization. 
>> Similarly, there is an FA right to fair use access, and there is a 
>> process to access the content that requires authorization.
>> 
>> The difference is that, in the first case, there will be a documented 
>> legal process that clearly defines how one becomes authorized. In the 
>> case of fair use access to content, however, the process to become 
>> authorized now requires the consent of a private party.
>> 
>> Before the DMCA, a doctrine of law authorized the conduct of fair use 
>> access, to which the copyright holder likely would not have 
>> consented. 
>> After the DMCA, the consent of the copyright holder becomes 
>> the key to 
>> authorization.
>> 
>> mickeym
>> 
>> 
>> Steve Hosgood wrote:
>> 
>> >Mickym wrote:
>> >
>> >>"State attorneys argued the law, which prohibits tattooing 
>> by anyone 
>> >>other than a doctor, is a public health issue. The justices upheld 
>> >>White's conviction, saying the First Amendment right to 
>> have a tattoo is 
>> >>a separate issue from the process of tattooing."
>> >>
>> >>How does one argue against that?
>> >>
>> >
>> >You probably don't. I can think of quite a few scenarios 
>> where a "right"
>> >is only there under certain provisos. You have a "right" to 
>> be a doctor, but
>> >you can only practice as a doctor if you get qualified to do 
>> so by certain
>> >institutions.
>> >
>> >You have a "right" to drive, but if you want to do so on 
>> public highways, you
>> >must have a valid driving licence. Etc.
>> >
>> >Public health/safety issues will always infringe a bit on 
>> "rights" but
>> >hopefully, under a sensible regime, both can co-exist 
>> without excessive
>> >conflict.
>> >
>> >( In the UK, tattoo artists don't AFAIK have to be doctors, 
>> but if they're not
>> >members of the Guild of Tattooists (or whatever) I suspect 
>> no-one would go
>> >near them! )
>> >
>> >                             --------------
>> >
>> >The question is, does the US tattoo case (above) have any 
>> influence on whether
>> >your DVD player has to be approved by the DVDCCA in order to 
>> play the DVDs *you
>> >bought* (in the US)?
>> >
>> >No public health/safety issues there, surely? :-)
>> >In fact, I'm having trouble seeing any parallels at all 
>> between the two!
>> >
>> >--
>> >
>> >Steve Hosgood                               |
>> >steve@caederus.com                          | "A good plan 
>> today is better
>> >Phone: +44 1792 203707 + ask for Steve      |   than a 
>> perfect plan tomorrow"
>> >Fax:   +44 70922 70944                      |              - 
>> Conrad Brean
>> >--------------------------------------------+
>> >        http://tallyho.bc.nu/~steve         |  ( from the 
>> film "Wag the Dog" )
>> >
>> >
>> >
>> 
>> 
>> 
>

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Who is John Galt?  galt@inconnu.isu.edu, of course!
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