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Re: [dvd-discuss] Themes and Copyright

I started to do that at the http://cyber.law.harvard.edu/twiki/bin/view/Openlaw/SocietalAdministrationOfCopyrights thread at Openlaw the other year (sigh)

Most, if not all of what you put there stems from the Berne Convention and the notion of "moral " vs statutory copyright.

"John Zulauf" <johnzu@ia.nsc.com>
Sent by: owner-dvd-discuss@eon.law.harvard.edu

02/18/2003 08:29 AM
Please respond to dvd-discuss

        To:        dvd-discuss@eon.law.harvard.edu
        Subject:        Re: [dvd-discuss] Themes and Copyright

Michael A Rolenz wrote:

> After reading this my thought was...you know....EVERYTHING that's come
> from the Berne Convention is totally unsuited for the copyright system
> needed for the Internet and the 21st Century...

Maybe you could list these specific problems as a top ten list for
review and revision over on the Twiki

I don't know which of these were derived from Berne, but here's a
starter list of issues:

No registration requirement
Life + anything
duration (especially with short durations of most web archives)
no archival copy requirement
no "source code access" requirement
unpublished copyright
no "notification" requirement (i.e. stuff is considered copyrighted even
when no dated notice is appended

The horribles that spring to life:

media and source material rot
  the first ten years of computer graphics history is turning to dust
on post-EOL magtape back-ups.  No broad study of the evolution of
animation and rendering techniques will ever be possible.

   unpublished "24 track" -- some of the best work in popular music is
the actual songs, but the individual tracks.  As there isn't enough
money in it for a "for-profit" operation the tapes are simply turning to
dust.  Clearly "isolations" of artist like Hendrix or Clapton (or the
"good" Allman brother... what is his name) would have value to the
guitar playing public.  However, buried in the archives are great
performances by non-headliner players (who probably *are* the best
technically).  Consider the collective works of a great session player
like Caleb Quaye (who played rythm on the original "Wild Thing" with an
impressive discography.  I've had the privilege to play with him (for
seven years in his later life as a pastor) and his individual musicality
and technique rival the best ever.  How about isolations of the drummers
of Dave Matthews Band or Rush or Led Zeppelin (or Krupa, or ....) these
are the greats of their genre.  These individual performances will be
lost forever.

no patent-like progress for software

similar issues to media rot, but worse -- this stuff won't ever see the
light of day.  Aside from the small amount of code salvaged in a
post-bankruptcy sale (like Dragon's voice recog) or released into the
open source community, unlike the patents of a dot-bomb, the software is
lost to "progress"



"Warning: Stream of consciousness.  Just add editing"