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Re: [dvd-discuss] Eldred Amicus
- To: DVD-Discuss <dvd-discuss(at)cyber.law.harvard.edu>
- Subject: Re: [dvd-discuss] Eldred Amicus
- From: "D. C. Sessions" <dcs(at)lumbercartel.com>
- Date: 31 May 2002 21:45:48 -0700
- In-reply-to: <3CF7EA8D.15777.B800F3@localhost>
- References: <3CF7EA8D.15777.B800F3@localhost>
- Reply-to: dvd-discuss(at)cyber.law.harvard.edu
- Sender: owner-dvd-discuss(at)cyber.law.harvard.edu
On Fri, 2002-05-31 at 21:26, microlenz@earthlink.net wrote:
> That's actually quite an incredible proposal. By basing it upon actuarial
> tables, Jefferson is proposing a formula for not just the copyright of his time
> but others as well. If the argument that copyright terms need to be extended as
> authors live longer AND people have longer lifetimes that the work is still of
> some use later in their lives, then basing the term upon actuarial tables and
> setting some statistical confidence for when a sufficient number should have
> achieved that. This is an incredible statement involving the use of statistics
> well in advance of his day but also a statement of social engineering of a
> dynamic population.
Yes, and the First Congress chose to reject it even in the face
of Jefferson's not inconsiderable intellect and rhetorical
brilliance. Instead, please note, they chose a limit enough
shorter than that actuarial number that it ensured that works
would fall into the public domain while still of value to their
creator (and presumably others as well.)
--
| May I have the serenity to accept the things I cannot change, |
| the strength to change the things I cannot accept, and the |
| cunning to hide the bodies of those who got in my way. |
+------------- D. C. Sessions <dcs@lumbercartel.com> -----------+