THe copyright clause does not EXIST for the purpose of maximizing profits. Maximizing profits is a consequence of the monopoly granted but not the reason for its existance. To state that the copyright clause exists to maximize profits is counter to the Constitutional phrase "promote science and the arts...". IN some ways that is the whole crux of Eldred. The governments is arguing profits and Eldred is arguing promoting.
You'll get no argument from me that a work distributed with a DRM is not copyrighted....I think I advanced that argument earlier.
"Steve Hosgood" <steve@caederus.com> Sent by: owner-dvd-discuss@eon.law.harvard.edu
11/21/2002 02:59 AM
Please respond to dvd-discuss
To: dvd-discuss@eon.law.harvard.edu
cc:
Subject: Re: [dvd-discuss] COMDEX speech
Michael Rolenz writes:
> Nor does the copyright clause [...] exist for him to maximize
> his profits.
>
Oh, come on! Of course it does. The whole reason for copyright is to allow
people to publish their works and not have any profits syphoned off by
freeloaders copying the things and selling it in competition with the author.
Quite right too IMHO. For a limited period.
Surely that's the crux of it.
Limited period must mean limited.
After that point, all existing copies of the copyrighted work become public
domain. That in turn implies that they must be out there in a form which allows
them to be used and copied freely after the copyright expires.
Therefore no DRM may be allowed on a copyrighted work.
Looking at it from the other angle, copyright exists to remedy the physical
problem that in order to be usable by the public, a work is inherently
copyable.
The law steps in to bar that copying for a time. But implied in all that is
the concept that the work was copyable in the first place. DRM removes that
'feature' by technology, thus copyright is no longer applicable.
--
Steve Hosgood |
steve@caederus.com | "A good plan today is better
Phone: +44 1792 203707 + ask for Steve | than a perfect plan tomorrow"
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