[conspire] Book Burning continues thanks to the Feds
ruben at mrbrklyn.com
Thu Mar 24 15:51:45 PDT 2011
On Thu, Mar 24, 2011 at 05:59:14PM -0400, Edward Cherlin wrote:
> On Thu, Mar 24, 2011 at 17:52, Ruben Safir <ruben at mrbrklyn.com> wrote:
> > On Thu, Mar 24, 2011 at 04:50:18PM -0400, Edward Cherlin wrote:
> >> On Tue, Mar 22, 2011 at 23:34, Rick Moen <rick at linuxmafia.com> wrote:
> >> > Quoting Edward Cherlin (echerlin at gmail.com):
> >> >> My proposal would be for the settlement to allow anybody to set up a
> >> >> registry and digitize books, with a requirement for data sharing
> >> >> between all such registries.
> >> >
> >> > 'The settlement'. Let's talk about the concept of 'the settlement' for
> >> > a moment, here.
> >> >
> >> > The matter at hand is a civil lawsuit -- which is to say, a private
> >> > property dispute between two parties, heard in front of a judge --
> >> > filed by Authors Guild and several other such groups against Google, Inc.
> >> > over gross violation of copyright law that Google, Inc. pretty much
> >> > admittedly had been conducting while offering the plaintiffs'
> >> > proprietary works (among others) in their entirety to the public
> >> > electronically in a way that asserted unique rights to Google in so
> >> > doing.
> >> >
> >> > (_After_ being sued, Google trimmed the offered electronic content on
> >> > other people's works still under copyright to just excerpts, with the
> >> > amount and nature of the excepts chosen by them.)
> >> >
> >> > A civil lawsuit can legitimately duke out in court -- various sanity
> >> > provisions permitting -- litigator group A's effort to raid litigator
> >> > group B's property rights and vice-versa. However, if A or B attempted
> >> > to get the judge to expand that claim to _everyone's property on Earth_,
> >> > we would call that utterly crazy.
> >> You're right. I was speaking with great inexactitude. What I want
> >> cannot legitimately be put into a settlement. I still like the idea,
> >> if it can be achieved in some legitimate way.
> >> Another proposal, then, is that we all get together to change
> >> copyright law worldwide so that something useful can be done about
> >> abandoned copyrights. We could take escheatment of abandoned bank
> >> accounts as a precedent (a social precedent, not one that a court is
> >> bound to observe). Let all abandoned works in the US go to the
> >> government, and then pass immediately into the public domain in
> >> accordance with other precedent. ^_^
> > Technically speaking all the copyrighted works do go to the government
> > when they are registered, hence the LOC.
> There are two problems with this statement.
> 1. Escheatment means the government taking ownership, not registering
> ownership by someone else.
If you don't register a copyrighted work, the LOC and courts won't help
you. I've been through enough hearings at the Department of Commerce, the
LOC and Judiciary Sub-Committees of both the house and senate, about 14
times and counting, to know that as a fact.
Secondly, the Berne convention can scratch my tuchas. It was a change
in statutary law to conform with the Berne Convention which caused that
Sooner or later the Berne Convention will be called on as
unconstitutional. Its just going to take someone with enormous pockets
to make the case, and Google has those pockets.
Eventually, Google or someone else is going to start to pull this apart
with serious lobbying and political muscle, until the statutes are
clarified, and altered as necessary to end the impedment of information
revolution. Then those copyright robber barons will be in serious
trouble as the ridicules business models for these scum is finally taken
apart piece by piece.
This has never been a legal battle. Its a political one that rotates
on three basic principles:
A) The slow creep of copyright law from an exclusive temporary monopoly
to one of real property in the mind of legal scholars who have been
breainwashed by media campaigning for over 70 years. That will start to
B) Change in stutary law to confirm the reversing mindshare with regard
Eventually, copyright law that tramples all other aspects of
constitutional law and the intent of copyright, while criminalizing
every man women and child on earth, including everyone in this thread
who copied corespondance in order to reply, is going to succumb to the
public interest. Its just too damn bad that Jefferson and Madison where
so wrong about how Copyright Monopoly was going to play out in the
political arena and that things would have to get so bad before they got
better. They both assumed that since more people read books then
published them, that the current kind of legal mousetrap would never
happened. Then again, Jefferson thought we'd all be farmers, hated
banks, large cities, and despised military conflict until he was
President and was forced to face these realities.
> 2. Under the Berne Convention, the LoC is no longer the statutory
> copyright registry. There is, in fact, no requirement whatsoever to
> register a copyright.
> Edward Mokurai (默雷/धर्ममेघशब्दगर्ज/دھرممیگھشبدگر ج) Cherlin
> Silent Thunder is my name, and Children are my nation.
> The Cosmos is my dwelling place, the Truth my destination.
http://www.mrbrklyn.com - Interesting Stuff
http://www.nylxs.com - Leadership Development in Free Software
So many immigrant groups have swept through our town that Brooklyn, like Atlantis, reaches mythological proportions in the mind of the world - RI Safir 1998
http://fairuse.nylxs.com DRM is THEFT - We are the STAKEHOLDERS - RI Safir 2002
"Yeah - I write Free Software...so SUE ME"
"The tremendous problem we face is that we are becoming sharecroppers to our own cultural heritage -- we need the ability to participate in our own society."
"> I'm an engineer. I choose the best tool for the job, politics be damned.<
You must be a stupid engineer then, because politcs and technology have been attached at the hip since the 1st dynasty in Ancient Egypt. I guess you missed that one."
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