[A2k] Our backwardness: Re: L&E and DRM/ TPMs (Arif Jinha)

[Eric Dierker]

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I share in Arif Jinhas' thoughts. Sometimes because it is long, does not ma=
ke it a rant. This will be saved by me as a resource and reminder.

"We have it backwards with rights and privileges.

We have a right to fair use, privileges may be negotiated to protect the
moral interests of the author (not the publisher).Blind people should not
put up with any restriction on their freedom, nor should the poor and
indebted.=A0 It's our right to listen to music, read books, and study."

The Charter and Articles are a great reminder of why we do what we do.

All this redrafting, amending and appeals talk is putting the cart before t=
he horse. We keep on assuming that exceptions must be carved to protect rig=
hts and that the general rule should be to protect the priviledged.=A0 I ha=
ve news for you -- they do not need our help.
I have spent my time in the trenches dafting regs, rules, ordinances and la=
ws, even a little treaty and legacy work. What is being done here is backwa=
rds.
We keep beginning with the erroneous assumption that copyrights are rights =
and they are not. It is as though most you folks were in Oz and the IP inte=
rests were the little guy behind the curtain.

Dr. Eric Hugh Dierker
(yes that is the oddity of a Doctorate in Jurisprudencia -- Not a lawyer bu=
t a student of Juris Prudence)