[A2k] Users' rights

[Seth Johnson]

I agree with this approach, though I don't agree that the term "users'
rights" somehow implies the rights are merely statutory, in the way the
term "exclusive rights" does.  A lot of the rights of users in the area
of copyrighted works reflect fundamental, even inalienable or natural
rights.  In fact, I doubt that any of the rights of users can be
regarded as if they are "carve-outs" from some other set of assumptions
regarding rights somehow inherent to works, inventions or their authors
or inventors.  Instead, I would say that the distinction (in the case of
copyright) is between all the freedoms we hold and exercise in relation
to the nature of published information, versus the original way in which
an author expresses ideas.  That is, if we are trading or giving up any
fundamental rights by granting exclusive rights to authors' original
expression, then those authors' rights are best understood as a
"carve-out" from a base assumption of untrammeled, free use of any
published information.


Seth

-----Original Message-----
From: James Love <james.love@keionline.org>
To: "A.C.Story" <A.C.Story@kent.ac.uk>
Cc: "a2k@lists.essential.org" <a2k@lists.essential.org>
Date: Fri, 26 Jun 2009 19:31:35 -0400
Subject: Re: [A2k] Users' rights

> 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 debating whether the words ----dare I say them? ----
> =E2=80=9Cintellectual property=E2=80=9D should ever be used and the polit=
ical
> consequences of doing so. 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 copyright restrictions and the
> monopoly position of copyright owner are the normal and natural state
> of the world. And further, that everything else, such as 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 ph=
rase of
> choice exclusively used by WIPO officials and most copyright owners?
> >
> > Why don=E2=80=99t we instead use the words =E2=80=9Cusers=E2=80=99 righ=
ts=E2=80=9D? This
> phrase communicates the fact that the rights which users have are
> rights created or granted by the state ---- just as copyright is a
> state-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 every person on this list who uses the phrase
> =E2=80=9Climitations and exceptions=E2=80=9D. It might be productive, how=
ever, if
> WIPO spokespersons and other 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 i=
f
> 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
> > _______________________________________________
> > A2k mailing list
> > A2k@lists.essential.org
> > http://lists.essential.org/mailman/listinfo/a2k
>
> --
> 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
> +41.76.413.6584
>
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