Re: [dvd-discuss] Public Domain Enhancement Bill

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

The question was not that Disney owns idea but if Disney owns say 90% of copyrighted material, then practically nothing enters the PD. The question is if that is harmful?

Jeme A Brelin <jeme@brelin.net> Sent by: owner-dvd-discuss@eon.law.harvard.edu 06/26/2003 09:40 PM Please respond to dvd-discuss

To:        Openlaw DMCA Forum <dvd-discuss@eon.law.harvard.edu>         cc:                 Subject:        Re: [dvd-discuss] Public Domain Enhancement Bill

On Thu, 26 Jun 2003 microlenz@earthlink.net wrote:
> And if Disney buys up a large percentage of copyright then you order
> them to divest it under the Sherman Anti-Trust act. IANAL but a monopoly
> is a monopoly isn't it and there is nothing that says that an
> Intellectual Property Monopoly is exempt from the act is there?

Well, prosecuting anti-trust requires that one show not just that a
monopoly exist, but that it is harmful.  That is not a foregone conclusion
in the eyes of the law.

I also think it would be absurd to say that Disney has a monopoly on
ideas.  No matter how many specific stories they own, it can always be
said that there are more.

And if you simply mean that Disney would be monopolizing a particular
idea, well, that's seemingly a Constitutionally allowed grant from
Congress.

Oh, and Strom Thurmond is dead (thus completing the evil trilogy).

J.
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