Re: [Cdn-DMCA] Another Linux victory at Canadian International Trade

From: "Krishna E. Bera" <keb _-at-_ Cyblings.ON.CA>
To: canada-dmca-opponents (at) flora.org
Date: Wed, 15 Aug 2001 22:15:03 -0400 (EDT)

>   Essentially, various laws sometimes come in conflict with each other.  
> What I want to strongly suggest is that Copyright never be allowed to
> 'trump' laws such as the Competition Act, Access to Information Act,
> government procurement standards (Chapter 10 NAFTA, Chapter 5 AIT), or
> other such similar laws.

I would like to see the principle that basic human rights trump all other
laws enshrined.  That may mean that copyright takes priority 
in a specific case where an author would lose their livelihood.
The AIA and various other supposedly well-intentioned laws are often 
used in reverse and against the public interest, so i wouldn't want to
give them automatic precedence.

> ... By not including indications of which laws
> 'trump' which other laws, it sets up a chilling-effect against
> intellectual innovation since innovators will not want to risk becoming
> the expensive test-cases to settle conflicting laws.

I disagree with part of that.  Clarity *is* important, but
innovation itself has no positive relationship to monopoly rights or 
potential lawsuits.  Innovation happens because someone is inspired, 
often due to a felt need.  Now whether that innovation is _developed_ 
and commercially _exploitable_ is a different kettle of fish.  
I thought the patent system was about that end of things -
i'm not sure how it relates to copyright.

There can be no chilling effect on innovation from lawsuits.
Indeed, one could argue that so-called chilling climates 
actually spur innovation, albeit of a legal/criminal kind.

-- 
Krishna E. Bera  <keb@cyblings.on.ca>
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