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Re: "My dad is a pirate."
From: |
El Tux |
Subject: |
Re: "My dad is a pirate." |
Date: |
Mon, 25 Feb 2008 23:39:42 -0000 |
User-agent: |
Pan/0.132 (Waxed in Black) |
On Mon, 25 Feb 2008 15:41:26 +0000, El Tux wrote:
> On Mon, 25 Feb 2008 12:17:16 +0000, Unruh wrote:
>
>> rjack <danw6144@insightbb.com> writes:
>>
>>>El Tux wrote:
>>
>>>> In contrast, copying for your own personal use is a legal gray area
>>>> in the US. None of the cases you cited involves such use.
>>
>>
>> It is a legal grey area not because it is written in the law( if it
>> were it would not be grey) but because it is impossible to make lawas
>> which 90 % of the population violate. YOu cannot throw 90% into jail.
>> It is also a grey area because making backups IS authorized in law.
>> Thus attempts by the companies to negate that right are themselves
>> arguably illegal.
>
> What I'd like to see is a law that says any copyright verdict must
> support the original intent of copyright as expressed in the U.S.
> Constitution: "To promote the Progress of Science and useful Arts, by
> securing for limited Times to Authors and Inventors the exclusive Right
> to their respective Writings and Discoveries." If you can show that a
> specific application of copyright law is having the opposite effect to
> that stated intent, then that application should be declared
> unenforceable. And if it can be shown that a copyright owner is
> deliberately abusing copyright law in a manner that is *clearly* in
> contravention of that intent, the judge should have the option of
> declaring his copyright null and void.
>
> The same should go for patents.
I knew I should have put my tinfoil hat on this morning - they're
reading my mind!
http://p2pnet.net/story/12313
In Lava v. Amurao, pending in the Southern District of New York,
in White Plains, Judge Charles L. Brieant has entered an order denying
the RIAA’s motion to dismiss counterclaims for (a) declaratory
judgment of non-infringement and (b) copyright misuse.
The Judge also granted the motion of the Electronic Frontier
Foundation for leave to file an amicus curiae brief.
The copyright misuse counterclaim calls for the plaintiffs to
forfeit their copyrights in the songs which form the basis for their
suit, on the ground that they are “competitors in the business of
recorded music…..[and] are a cartel acting collusively in violation
of the antitrust laws and public policy, by litigating and settling
all cases similar to this one together, and by entering into an
unlawful agreement among themselves to prosecute and to dispose of all
cases in an identical manner and through common lawyers….. Such
actions represent an attempt….to secure for themselves rights far
exceeding those provided by copyright laws……Such acts constitute
misuse of copyrights, and lead to a forfeiture of the exclusive
rights…..”.
This just means the RIAA will either drop the case and run or call in
some serious legal firepower to steamroller a defendant with limited
funds. You never know, though, it sure seems like judges are showing
less patience lately with the RIAA's abuse of our legal system.
- Re: "My dad is a pirate" but "Mark Kent is a clueless moron.", (continued)
- Re: "My dad is a pirate" but "Mark Kent is a clueless moron.", Moshe Goldfarb, 2008/02/25
- How to make the patent system fairer, Mark Kent, 2008/02/28
- Re: How to make the patent system fairer, Moshe Goldfarb, 2008/02/28
- Re: How to make the patent system fairer, Ciaran O'Riordan, 2008/02/28
- Re: "My dad is a pirate.", Moshe Goldfarb, 2008/02/25
- Re: "My dad is a pirate.", Moshe Goldfarb, 2008/02/25
- Re: "My dad is a pirate.",
El Tux <=
- Re: "My dad is a pirate.", Alexander Terekhov, 2008/02/23
- Re: "My dad is a pirate.", Dustin Cook, 2008/02/23
- Re: "My dad is a pirate.", Alexander Terekhov, 2008/02/23