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Re: [dvd-discuss] Public Domain Enhancement Bill
- To: Openlaw DMCA Forum <dvd-discuss(at)eon.law.harvard.edu>
- Subject: Re: [dvd-discuss] Public Domain Enhancement Bill
- From: Jeme A Brelin <jeme(at)brelin.net>
- Date: Thu, 26 Jun 2003 21:40:14 -0700 (PDT)
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- Reply-to: dvd-discuss(at)eon.law.harvard.edu
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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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Jeme A Brelin
jeme@brelin.net
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