|FROM ||Ruben Safir
|SUBJECT ||Re: [hangout] A Cd's Natural Price is $2.00
In my opinion, the European system which gives an auther any sort
exclussive natural rigths to creative works is a bad idea. In order to
enforce it you need to curb peoples property rights and freedom of
speach. In a natural state, idea are shared freely without an constraint.
It is what we should accept as the basis of nature of culture...universaly
shareable, and copyable.
If an artist doesn't make money on something after 30 years of publication,
who cares. If he crafted somethign real it would be broken and used up
Does a steel worker get rights to the results of his labor after a pay
So why make any other exceptions?
> First, in France, dead people can't exersize their Droits D'Auteurs.
> But mostly one has to realize that the issues addressed by the Droits
> Auteurs are far less comprehensive than those which copyrights can cover
> (or smother). Under the French system, you have rights over what you
> have written, painted, the photograph you took, etc. but you can't have
> these same rights on the idea of 360 degree spherical panoramas, though
> you could, I believe, on the sofware you wrote to manipulate them.
> Just because you wrote the first book about death, you can't ask
> every other author who decides death might be a good subject to license
> the rights to this subject, but you can refuse to allow the Black Death
> Gang who specialize in killing small animals from saying their practice
> was influenced by your book. (There are other completely different laws
> in France governing company/trade secrets etc. Publisher/author
> royalties cannot be established contractually, they must be in
> accordance with a national law ) (1)
> Obviously in the case of software development there are many new
> issues concerning the laws on both sides of the Atlantic.
> It seems that there have been quite a few journalists on these lists
> defending copyright law, from the one narrow angle from which they view
> it. This particular angle in France is an inalienable right. Copyright
> Law in the US, however, is a huge bohemouth (sp?) trying to cover much
> to many situations. I don't think anyone can deny that. I just ask
> that somewhere people are more specific in what they are attacking.
> (1) The European system is under constant pressure from American
> consultancy groups. These groups pressure the large european
> corporations to imitate the American model and to force their government
> to adopt a system much closer to the American Copyright system. This
> creates some animosity towards Americans in Europe. We of course realise
> this is only a certain kind of American. But Fair Use and Open Source
> movements have much popular support in Europe, and I feel it is
> important to realise that.
> I unfortuantely have already pushed this discussion about as far as I
> can, as don't know European or American Law in very much detail, but I
> think it is interesting at least for the perspective to see how other
> cultures are dealing with these same issues, rather than always assuming
> the American way is obviously the better one and the only innovative one.
> Copyright law as it is exists in the US and as it is being developed
> in the US is not well liked in Europe at all. There is a wealth of
> commentary over there which might be interesting to look into.
> New Yorker Linux Users Scene
> Fair Use -
> because it's either fair use or useless....
Brooklyn Linux Solutions
http://www.mrbrklyn.com - Consulting
http://www.brooklynonline.com - For the love of Brooklyn
http://www.nylxs.com - Leadership Development in Free Software
http://www.nyfairuse.org - The foundation of Democracy
http://www2.mrbrklyn.com/resources - Unpublished Archive or stories and
articles from around the net
http://www2.mrbrklyn.com/mp3/hooked.mp3 - Spring is coming....
http://www2.mrbrklyn.com/downtown.html - See the New Downtown Brooklyn....
New Yorker Linux Users Scene
Fair Use -
because it's either fair use or useless....