Re: [d@DCC] Discussing Copyright on other BLOGs.

From: Russell McOrmond <russell _-at-_ flora.ca>
To: "General Copyright Discussions \(questions, organizing, etc\)" <discuss (at) list.digital-copyright.ca>
Date: Tue, 22 Jan 2008 14:02:26 -0500
References: <4795EF9B.7050104@flora.ca> <c8d153760801220545g7ec09ce3pff7baeb39dbf612a@mail.gmail.com>

Joe McGuire wrote:
> Generic in law is idealistic and leaves too much room for
> interpretation by people who don't have the moral standing to use the
> law in a way benefiting society, rather they would use it in a way for
> their own personal gain. Common sense is not universal.

   Note that I said Copyright Act, not "the law" which is much more 
broad.  These things do need to be discussed and codified in law, just 
not always the federal Copyright Act which is already unreasonably large 
and complex.

   Many of the things the CCC is talking about has nothing to do with 
Copyright at all, and would better be handled as part of provincial 
labour codes and practices.   Often this is a far better place for 
things to happen, and it is laziness and lack of political understanding 
on their part to be discussing this in the context of federal Copyright law.


   For instance, I have written before how the Tangible Art Resale right 
is something better handled in provincial property law.  The copyright 
act is only useful in determining who the copyright holder is (If it is 
the copyright holder, and not always the creator who should be the 
beneficiary of this right), and beyond that Copyright law isn't the 
right place for this property-law related right.


   The CCC and the major US-lead copyright lobby groups (CRIA, CMPDA, 
etc) are largely singing the same tune now on the core issues.  They 
don't want to go after copyright infringers but the "enablers".   This 
means providers of technology (hardware and software) and technical 
services (ISPs, etc), trying to pass all the burden for protecting their 
legacy business models onto us.  The fact that it will put many/most of 
us out of business entirely seems to not be a concern of theirs at all.


-- 
  Russell McOrmond, Internet Consultant: <http://www.flora.ca/>
  Please help us tell the Canadian Parliament to protect our property
  rights as owners of Information Technology. Sign the petition!
  http://www.digital-copyright.ca/petition/ict/

  "The government, lobbied by legacy copyright holders and hardware
   manufacturers, can pry my camcorder, computer, home theatre, or
   portable media player from my cold dead hands!"
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