MESSAGE
| DATE | 2003-01-16 |
| FROM | Ruben I Safir
|
| SUBJECT | Subject: [hangout] Re: [DMCA_Discuss] Eldred decision
|
>
> Who exactly is being attacked, except those who don't want to pay, anyway?
Oh stop it. Artist have no more 'right' to get paid than any of the rest of us, and believe me, with this recession,
that's a WHOLE LOT OF US.
It's been a political FACT since the 1820's that access to cultural works CAN NOT ETHICALLY be bound to the abilty to
pay. We established this with the advent of Public Education and Free Schools. Your arguement is exactly the same one as
the racist idiots in the 1820's who opposed the creation of public schools.
It was stupid and racist then, and it is stupid and racist now. Everyone has the right to free access to published works.
The public OWNS all published works, and the court decisions were EXPLICIT on the matter that the copyright is a LIMITED
monopoly, and reinforced that it is LIMITED by fair use, which removes the stupidity of the arguement that FAIR USE
is some sort of exeption to copyright in section 102 created by Congress. Instead, Ginsburg is was clear that FAIR USE
is the constitutional basis of Free Speach, and Individual Property Rights in regard to Copyrights.
He handed the movement a PRESENT on a Silver Platter. Now it is up to US to exploit it. Infact, his analysis is EXACTLY
the New Yorkers for Fair Use Analysis of the Law.
This was a stupid case to begin with and there was no way in hell we would win it. It was asking the Court to decide that Congress
could not decide what the time limit for Copyright would be. There was no way the Court would do that. But by accident, they handed us
the most important Court Ruling to date to END DRM and loossen up copyright holders control through our Property Rights and our Free Speach Rights
under the 4th, 5th and 1st amendments.
Ruben
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