MESSAGE
| DATE | 2002-04-24 |
| FROM | Ruben I Safir
|
| SUBJECT | Re: [fairuse] Re: [hangout] Re: Congression Lobbying
|
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Date: Wed, 24 Apr 2002 15:41:55 -0400
From: Ruben I Safir
To: Jay Sulzberger
Cc: Ruben I Safir , fairuse-at-mrbrklyn.com,
hangout-at-mrbrklyn.com, Jay Sulzberger
Subject: Re: [fairuse] Re: [hangout] Re: Congression Lobbying
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> Example: Your reader for your index of writings on copyright has a bug:
> After 111 uses its internal state becomes disarranged and it
> self-destructs on the hard drives of those you've sold it to. The Federal
> government with the Englobulators revokes your "federal media license", or
> sues.
You don't need a license to do what we're saying. What we are saying is
can't design a bug into the reader after 110 users - poof
We're not talking normal wear and tear, we're talking the intenssional design of
hardware and software to prevent complete access to your media, including copying it
so that the unexpected bug doesn't destroy all your data.
BTW - individuals SHOULD be able to sue if that happen, or the government, or both.
It's just like cars. Cars, and Drugs which have to have safety standards.
It's consumer fruad...(which is a whole nother issue).
> Under any statutory mandate that directly limits what media are
> allowed to be made, sold, traded, or given away, this will happen,
This leap in logic doesn't follow. Making it illegal to to produce time
based or device based crippling feature, unrelated to the usability of the media
is a violation of the 4th amendment and forces the citizen into an agreement which
was never negotiated.
If you can't negoiate this into an agreement on paper, it's immoral to socially engineer
people into a forced agreement digitally.
>
> >
> > A law which prohibits the inhibition of free access to any media owned by
> > an individual is exactly what is needed to assure political freedom.
>
> No. Just make sure Congress and the courts do not allow insane invasive
> contracts of adhesion at point of sale.
You CAN'T DO THIS if you don't outlaw obstruction of Fair Use as defined in the
4th Ademndment. It's wiretapping.
> Never directly regulate private
> media.
It's regulated for interoperability ALL THE TIME. This is a GOOD THING. And it's up
to us to be dilergent to make sure this process is not highjacked for purposes other than
protecting peoples legal rights to access and ownership.
> Bandwidth limited and monopoly media are different and usually
> require regulation, but still, no regulation of private use is needed.
> Once the book, signal, etc. lawfully gets in your house, it is indeed
> yours. We agree on this rock bottom principle. And any government
> restriction on what form I make available my art, denies me and my
> users-collaboartors exactly this freedom of private use of our property.
> Once again, unfair contracts of adhesion, which contracts seek to deny my
> free private use of my property, can be thrown out, without mandating
> anything about the media itself.
If the media reader interfers with your rights, or it eases itself, then indeed,
you must mandate that this can't happen.
What is the media? Just the byte which have displayable information?
Or the software which reads the bytes and the bytes together? Media should
not have anything which allows for the interpretation of the bytes through any device,
including encrypting the PUBLISHED media.
> Only contracts need be regulated by
> statute, and only when some crazy court upholds some crazy and bad EULA.
You can't say that they can't force the contract, but can create software design
which forces a contract on you anyway, wheather you agree or not.
> > Not if we don't pass laws making it illegal to produce media which impairs
> > the security of the citizen with regard to their property.
>
> No. The Englobulators will then claim that all our stuff,
How - we have the copyright
> why our very
> tribal ways, "restrict the security of the citizen". They will say 'After
> all, who knows what the GNU system really does,
Ummm - the source code is AVAILABLE. What your describing has no way to happen.
It would require so many levels of corruption, that it wouldn't matter what the law says.
Your describing a kangaroo court and zero due process.
>
> > If we don't do that, then we're doomed. Free Software is doomed, Free
> > education is doomed and the open political process is doomed.
>
> Sir, I depend on the Constitution.
>
> And my brothers and sisters armed. Armed with disk and cpu, with compiler
> and kernel, with copper and aether.
JayS --"If I wrote the encryption for the DVD's - Nobody would gain unauthorized access and break
the encryption"
I take you on your word....
Forth Amendment of the Bill of Rights --- See Yah...
just kick it roight out the door.
BTW - you are forgeting that the foundation of the new bill states, ALL COPYRIGHT VIOLATIONS must
prove that the use of the media was not a Fair Use inorder to prove GUILT. (wink)
It must be fair use unless proven OTHERWISE. It's the reverse currently.
Ruben
--
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Brooklyn Linux Solutions
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1-718-382-5752
____________________________
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Fair Use -
because it's either fair use or useless....
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