[opendtv] Re: MPAA wants to stop DVRs from recording some movies
- From: John Willkie <johnwillkie@xxxxxxxxxxxxx>
- To: opendtv@xxxxxxxxxxxxx, opendtv@xxxxxxxxxxxxx
- Date: Sun, 29 Jun 2008 13:22:43 -0400 (EDT)
correction: I should have said "Souter" where I said "Stevens".
John Willkie
-----Original Message-----
>From: John Willkie <johnwillkie@xxxxxxxxxxxxx>
>Sent: Jun 29, 2008 1:19 PM
>To: opendtv@xxxxxxxxxxxxx
>Subject: [opendtv] Re: MPAA wants to stop DVRs from recording some movies
>
>soapbox time ...
>
>I'd rather argue with Lawrence Lessig via email. (Which I've done once or
>twice, but not in this century.)
>
>He's free to make his content available for free, but not to make the content
>of others available for free. (The Napster context was when our discussions
>occurred; the court in that matter travelled in my direction, and took apart
>his.)
>
>We've gone down this route before, and I think it's best to not repeat oneself
>excessively. One of those copyright cases I linked to yesterday was a Supreme
>Court ruling holding that it wasn't unconstitutional by extending copyright
>terms during the term.
>
>Oh, well. (Contrary to my position.) |We're basically on the same page here,
>except that I think a 14 year copyright term (even with one renewal) is too
>short. We both agree that the current terms are too long. For an individual,
>life plus 70 years. Sounds more like a prison term for rape.
>
>"Original intent" is rather passe -- Justice Stevens actually used the
>original intent doctrine in an attempt to all but explain away the CLEARLY
>DEFINED individual right to bear arms contained in the Second Amendment. It's
>been there every time I read the thing, but justices and judges, going back as
>far as U.S. v Miller (1929) that provided for the regulation of machine guns.
>
>Antonin Scalia got it right, and put 'original intent' into the dustbin of
>history.
>
>
>
>-----Original Message-----
>>From: Craig Birkmaier <craig@xxxxxxxxx>
>>Sent: Jun 29, 2008 5:24 AM
>>To: opendtv@xxxxxxxxxxxxx
>>Subject: [opendtv] Re: MPAA wants to stop DVRs from recording some movies
>>
>>At 11:50 PM -0400 6/28/08, John Willkie wrote:
>>>it that helps you feel better, okay. You're not providing me any
>>>new information, and in the grand scheme of things, you are drawing
>>>a distinction without a difference.
>>>
>>>However, YOUR RIGHTS and MINE are non-existent in this context, at
>>>least as regards copyrights held by others.
>>>
>>>"Fair use" isn't a right; it's a legal defense to a claim of
>>>copyright infringement. Copyrights are a right that comes DIRECTLY
>>>from the constitution.
>>>
>>
>>As long as we are trying to be fair here...
>>
>>The original intent of those who wrote the Constitution would tend to
>>favor fair use over the rights of the creator of the intellectual
>>property. The framers were concerned about the ability of content
>>owners to use the power of government to protect their rights to the
>>detriment of society.They believed, as I do today, that the rapid
>>proliferation of new ideas and the ability for "the people" to use
>>these ideas and build upon them trumps the rights of the creators to
>>protect and benefit from them into perpetuity. Thus the Constitution
>>was framed in a manner to limit the rights of the creators of
>>intellectual property fo that give them exclusive r the benefit of
>>the entire country.
>>
>>There is a simple bargain in this. The power of the government can be
>>used to protect the LIMITED rights of the creators of intellectual
>>property via the granting of copyrights and patents that give them
>>exclusive control of the intellectual property for a LIMITED time,
>>after which the ideas are to be pushed into the public domain.
>>Patents were intended to speed up the proliferation of new ideas by
>>using the force of government to enforce licenses for those patents.
>>
>>I think it would be more than fair to say that the framers would be
>>very pissed off about what has happened to their original intent as
>>it relates to patents and copyrights.
>>
>>There is a rich history behind fair use that predates our Constitution.
>>
>>I would recommend reading the book at this link by Lawrence Lessig - it's
>>FREE!
>>
>>http://www.free-culture.cc/freecontent/
>>
>>Regards
>>Craig
>>
>>
>>
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>
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