[Upd-discuss] French Judge refuses to shut down internet connections of P2P users

[Christian Beauprez]

Marc Lavallée wrote:

>Le 18 Janvier 2005 13:42, Christian Beauprez a écrit :
>  
>
>>"enjoy the right of authorizing" sounds far more pro-active than "shall
>>enjoy the right of preventing others from x,y,z " as patent clauses are
>>worded,
>>    
>>
>
>We can't "enjoy authorizing" if we don't already "enjoy preventing"...
>
>  
>
I suppose the question is this, if you can authorize something do you 
have the right to do the thing you are authorizing or merely to prevent 
others from doing it?
To me if one can authorize an action, it implies one has the authority 
to do that action.
I know it sounds like a silly question- and one that is based in legal 
formalism rather than reality,which works both ways, but it's just an 
important aspect of what I'm working on. (trying to rectify the legal 
philosophy  with some kind of reality- I know it's an uphill battle!)

I have been told that some jurisdictions say you ONLY have the right to 
prevent others from doing but can't see how this could be justified when 
taken to an extreme "i.e. the negative right of copyright".


Kind Regards.

Christian