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

[Paul Lehto]

I completely agree with Eric Dierker (below) and with Arif Jinha's
"rant" (if it was a "rant" all emotion or length therein was
appropriate) as well as with Seth Johnson's recent post on rights.

As I recall one capsule sentence from Arif's post: "We are rights
holders, they are privilege seekers."  Seth had previously provided,
for US law purposes, the Wheaton case holding that copyright is a
privilege not a right.

Rights trump non-rights.

As Sam B. Johnson wrote in 1750, when it comes to important, basic
concepts we "more often require to be reminded than informed"

These types of reminders by these three posters are just what the
doctor ordered. :)

Paul Lehto, Juris Doctor
(I do not call myself "Dr." because the kids I sometimes teach would
likely dub me "Doctor P" and I would soon tire of inquiring if they
were ready for their urinalysis!  ;)    )


On 5/8/09, Eric Dierker <cogitoergosum@sbcglobal.net> wrote:
> --
> [ Picked text/plain from multipart/alternative ]
> I share in Arif Jinhas' thoughts. Sometimes because it is long, does not
> make 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.  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
> the horse. We keep on assuming that exceptions must be carved to protect
> rights and that the general rule should be to protect the priviledged.  I
> have news for you -- they do not need our help.
> I have spent my time in the trenches dafting regs, rules, ordinances and
> laws, even a little treaty and legacy work. What is being done here is
> backwards.
> 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
> interests were the little guy behind the curtain.
>
> Dr. Eric Hugh Dierker
> (yes that is the oddity of a Doctorate in Jurisprudencia -- Not a lawyer but
> a student of Juris Prudence)
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--
Paul R Lehto, J.D.
P.O. Box #1
Ishpeming, MI  49849
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906-204-2333