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Re: [dvd-discuss] "Wind Done Gone" Redux

At 3:29 AM -0500 10/12/2001, Chris Moseng wrote:
>If you choose not to read the ruling, head down to the last half, 
>and read the part starting
>
>"MARCUS, Circuit Judge, specially concurring"
>
>which is excellent reading, and made my night--something copyright 
>law hasn't done for a long time now.

I enjoyed Judge Marcus' exuberance too, but the main ruling has a lot 
more meat in it for us, I think. In particular there are very strong 
statements on the historic function of copyright ("...to destroy the 
booksellersı monopoly of the booktrade and to prevent its 
recurrence."),  fair use ("... the fair use right was codified to 
maintain the constitutionally mandated balance to ensure that the 
public has access to knowledge.")
and the importance of the public domain ("The second goal of the 
Copyright Clause is to ensure that works enter the public domain 
after an authorıs rights, exclusive, but limited, have expired.")

All these notions are at odds with the DMCA.


Arnold Reinhold



http://laws.findlaw.com/11th/0112200opnv2.html

>
>
>>From: "James S. Tyre" <jstyre@jstyre.com>
>
>>D. C. Docket No. 01-00701-CV-CAP-1
>>
>>SUNTRUST BANK, as Trustee of the
>>
>>Stephen Mitchell trusts f.b.o. Eugene
>>
>>Muse Mitchell and Joseph Reynolds Mitchell,
>>
>>Plaintiff-Appellee,
>>
>>versus
>>
>>
>>
>>HOUGHTON MIFFLIN COMPANY,
>>
>>Defendant-Appellant.
>
>
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