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[dvd-discuss] [Fwd: [DMCA_discuss] Re: Fair Use is a Balance?]
- To: dvd-discuss(at)cyber.law.harvard.edu
- Subject: [dvd-discuss] [Fwd: [DMCA_discuss] Re: Fair Use is a Balance?]
- From: "John Zulauf" <johnzu(at)ia.nsc.com>
- Date: Tue, 09 Oct 2001 10:02:20 -0600
- Reply-To: dvd-discuss(at)cyber.law.harvard.edu
- Sender: owner-dvd-discuss(at)cyber.law.harvard.edu
Crosstalk with the DMCA discuss group: would anyone like to take a
crack at my "angels dictionary" of copyright terms (pun intended).
- To: "Seth Johnson" <seth.johnson(at)realmeasures.dyndns.org>
- Subject: Re: [DMCA_discuss] Re: Fair Use is a Balance?
- From: "John Zulauf" <johnzu(at)ia.nsc.com>
- Date: Tue, 09 Oct 2001 10:00:11 -0600
- cc: C-FIT_Community(at)realmeasures.dyndns.org,C-FIT_Release_Community(at)realmeasures.dyndns.org,fairuse-discuss(at)mrbrklyn.com,DMCA_Discuss(at)lists.microshaft.org,free-sklyarov(at)zork.net
- References: <3BC25830.74D00C51@RealMeasures.dyndns.org>
I think the observer that highlighted the need to keep the war of words
off the enemies ground is quite important.
"Fair use" == (1) "a safety valve allowing the copyright clause to
remain just barely constitutional in light of the first amendment which
allow for 'no restrictions'" (2) "the effect of the primacy of
amendments over the body of the constitution such that to the extent
that the copyright clause would interfere with freedom of speech, press,
or religion it is invalidated"
"copyright" == (1) "the least set of restrictions over property rights
and free speech needed to promote progress by encouraging authors and
inventors" (2) "a limited monopoly over the production of copies or the
manufacture of an invention granted by constitutional expression, and
not natural law"
"limited times" == (1) "a phrase interpreted by the authors to include
only a small portion of a human lifespan -- 14-28 years" (2) "a
limitation allowing works to return to the public domain while still
relevant -- thus works known from childhood would be free for use by
adults within there lifespan" (3) "a motivation for successful authors
to continue creating works throughout their careers, preventing a
'one-hit sinecure' from demotivating the most valued authors and
inventors -- see 'sword of damacles'"
"circumvention" == (1) "a process required to exercise free speech
through fair use" (2) "the removal of illegal prior restraints on
"rights of a copyright owner" == "the limited set of exclusive rights
granted to authors for a limited times for the purpose of promoting
"property rights" == "those rights to use fairly, and dispose of through
resale owned copies of digitial works"
"intellectual property right" == "an extra-constitutional concept of the
absolute, unregulated control over both the idea and expression of the
result of any creative process"
"digital rights managment" == (1) "the ability to assert arbitrary
rights to control use and restrain speech through non-party agreements
and cartels" (2) "copyright abuse" (3) "invasion of privacy"
"technical protective measure (1) "pre-first-sale/pre-first-access:
mechanisms to ensure the equitable exchange of value of rights to fair
use of one copy of a copyrighted work" (2)
"post-first-sale/post-first-access: same as digitial rights management
Seth Johnson wrote:
> (More good analysis from email@example.com list)
> -------- Original Message --------
> Date: Tue, 25 Sep 2001 08:52:17
> From: Michael.A.Rolenz@aero.org
> Quite right. The issue is not how digital rights managment allows them
> to keep the same rights but without the proper safeguards (as John Z,
> and Jeme and a few others have pointed out) allows them capabilities
> outside those rights (repudiation).
> I think Prof. Litman has the right idea. The issue here is not how to
> keep what we have. the issue is now what do we need to go back to
> striking a balance between the technology we have and the copyright
> system. Creating a technological totalitarian state dedicated to the
> preservation of intellectual property rights is one way to go happily
> into extinction but not one that I would recommend.
> Scott A Crosby <firstname.lastname@example.org>
> Sent by: email@example.com
> 09/24/01 08:31 PM
> Please respond to dvd-discuss
> To: Bryan Taylor <firstname.lastname@example.org>
> cc: <email@example.com>
> Subject: [dvd-discuss] Fair use is a balance?
> On Sun, 23 Sep 2001, Bryan Taylor wrote:
> Actually, reading this again this time, this sentance twigged me.
> Is 'Fair use' a 'balance' at all?