[A2k] Users' rights

[James Love]

I like users rights.

For plant varieties protection, there is something called farmers
rights... http://www.farmersrights.org/

On Fri, 2009-06-26 at 18:44 +0100, A.C.Story wrote:
> For several years and again in the last few days, this list has been deba=
ting whether the words ----dare I say them? ---- =E2=80=9Cintellectual prop=
erty=E2=80=9D should ever be used and the political consequences of doing s=
o. Could I suggest that we should just agree to disagree and move on=E2=80=
=A6.
>
> Meanwhile, there seems to be no thought given at all to the consequences =
of endlessly repeating the words: " copyright limitations and exceptions." =
This phrase is freighted with a political/legal meaning, namely that copyri=
ght restrictions and the monopoly position of copyright owner are the norma=
l and natural state of the world. And further, that everything else, such a=
s the right to use a copyrighted work, is a mere table-scrap or an oddity, =
that is, an exception to the way the world of copyright should work. Is it =
any surprise then that =E2=80=9Climitations and exceptions=E2=80=9D is the =
phrase of choice exclusively used by WIPO officials and most copyright owne=
rs?
>
> Why don=E2=80=99t we instead use the words =E2=80=9Cusers=E2=80=99 rights=
=E2=80=9D? This phrase communicates the fact that the rights which users ha=
ve are rights created or granted by the state ---- just as copyright is a s=
tate-created right, by the way
> ---- and that they are not a favour granted by copyright lords for use by=
 us copyright =E2=80=9Cpeasants.=E2=80=9D
>
> Mind you, I see it as rather beside the point to tirelessly challenge eve=
ry person on this list who uses the phrase =E2=80=9Climitations and excepti=
ons=E2=80=9D. It might be productive, however, if WIPO spokespersons and ot=
her copyright fundamentalists were occasionally challenged on their wording=
 of choice and phrase =E2=80=9Cusers=E2=80=99 rights=E2=80=9D was employed =
instead. I saw this done once, and boy, did the veils drop away quickly and=
 the real political stakes come to the surface.
>
> It is very difficult to take apart the lord=E2=80=99s copyright manor if =
we keep using the lord=E2=80=99s words.
>
> Best
> Alan Story
>
> Alan Story
> Senior Lecturer, Intellectual Property Law
> Kent Law School
> University of Kent
> Canterbury Kent
> United Kingdom      CT2 7NS
> acs3@kent.ac.uk
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--
James Love, Director, Knowledge Ecology International
http://www.keionline.org | mailto:james.love at keionline.org
Wk: +1.202.332.2671 | US Mobile +1.202.361.3040 | Geneva Mobile +41.76.413.=
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