Offtopic copyright stuff (Was; Re: [PLUG] Microsoft's smell of desperation | LinuxWorld (fwd))

[Jeme A Brelin]

On Thu, 1 Aug 2002, Russ Johnson wrote:
> I'd like a clarification on this, Jeme.
> 
> If I understand what you've been trying to pound into my head <G>, what you 
> are saying below is that anyone may legally copy a VHS tape, Cassette or CD 
> and give it away. That it's only when you try to sell it that it becomes 
> illegal.
> 
> Is that what you are saying?

That's pretty much what I'm saying... with the small exception that
"commercial activity" isn't just selling, it's also promotional use and a
few other kinds of activity.

And that's not even a fringe sort of belief.  David Boies, the attorney
that prosecuted Microsoft in the famous anti-trust case, used exactly this
argument in his published brief in defense of Napster, Inc.  This argument
(and the further counter-charge of "copyright abuse" with its only remedy
of the revocation of ALL copyrights claimed by the abuser) is what scared
BMG into buying Napster and dropping suit instead of just suing them into
bankruptcy.  Until new legislation is passed to make the publishing
industry's claims true, that argument cannot be allowed to be heard in
open court by a potentially objective judge.  (The Kaplans of the world
are another matter.)

Now, I personally believe that the true faults in our copyright law as
enforced lies in the court's failure to reject the relatively recent
portions of copyright law that cover non-scientific works.  Congress
simply does not have the power to restrict the rights of the people in
that way.

J.
-- 
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     Jeme A Brelin
    jeme at brelin.net
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 [cc] counter-copyright
 http://www.openlaw.org