Re: [dvd-discuss] MovieMask - I'm sure the lawsuit is on itsway

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

While I don't believe that anything can be gained by the destruction of 
art, unique works of art also tend to have large prices so unless someone 
just decided to buy art and deface it, it would not be much of an issue. 
Now...does this art apply to any of the artwork that the majority of 
artists create? I doubt it. The matter would be too small for anyone to 
notice much less the courts. But look also at the requirement limited to a 
print run of 200. Defacing print #200 still leaves 199 prints around. 
While well intentioned, I'm skeptical of the enforcement, purpose, of this 
law.)

(BTW- The Cleveland Art Institiute had one of three casting of Rodin's THe 
Thinker. In the 70s someone exploded a bomb at its base which blew open 
and deformed themetal. I'm not really certain how this law would prevent 
or even punish the perpertrator)




"Jeremy A Erwin" <jerwin@gmu.edu>
Sent by: owner-dvd-discuss@eon.law.harvard.edu
11/15/01 03:55 PM
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        Subject:        Re: [dvd-discuss] MovieMask - I'm sure the lawsuit is on itsway



On Thursday, November 15, 2001, at 06:30  PM, Tom wrote:

> On Thu, Nov 15, 2001 at 12:08:56PM -0800, Michael A Rolenz wrote:
>> BTW - getting a law passed that says that an artist has the right to
>> dicated how a work is displayed AFTER sale violated first sale 
>> principles
>> as much as a hitech TPM does. Whether they like it or not, one is as 
>> evil
>> as the other whatever the motivation.
>
> that depends on what rights he sold. without accurate knowledge of this
> specific case, I'd suggest we all refrain from an opinion.
>
>
These laws only affect unique works of art (or very limited runs). Laws 
preventing the destruction of unique works of art are more defensible, 
in part because alteration of that "work" is essentially irrevocable. 
First sale usually is applied to non unique items-- audio recordings, 
books, etc.

To put in another way, re-editing a videocassette to remove profanity, 
while perhaps the act of the philistine, does not cause the original to 
disappear. The production of a child safe version of "Hard Boiled" does 
not remove the original from the market.

Jeremy Erwin