"... benefit from the value of some copyright-protected cultural goods and services without ever paying for using them..."
"Copyright-protected" - that would be, ummm, the entire website, right? I've benefited from visiting websites "without ever paying for using them", so I guess I'm guilty as charged. Stick my fiber connection into the guillotine, Madame!
The American Automobile Association publishes a brochure about vehicle maintenance issues in sandy, dry, dusty climates. Traitors! If not for that pamphlet, all IS vehicles would be dead and disabled in great heaps across the desert, and the terrorists would be defeated!
And they had cannons, not just muskets. No relevance here.
This speaks to intent. And since, practically speaking, their ciphers couldn't be decoded by unintended recipients of their day, the encryption was equally effective as ours... a relative measure of strength.
"The framers" believed in shielding communications from prying eyes when necessary, just like most of us.
This makes Jeffries a candidate for the Wally Amos Hall of Fame. "Famous Amos" lost the right to use his own name to brand his chocolate chip cookies, and as with Jeffries, it "just feels wrong". Wasn't, technically, but feels that way.
While no one wants to live a lawyered-up life, both examples show that commercial ventures, from cookies to comedy, really need to be scrutinized by a legal mind, and all the "feels wrong" trade-offs evaluated. Every entry into the world of commerce is a plunge into the shark tank, and once you put pen to paper at the bottom of a contract... any contract... you lose the right to the poor-me position.
Thanks for pointing this out... what a great idea! I wanted to license a beautiful wildlife shot of a penguin, but now that I've discovered this high-quality meme cartoon, I can use that instead, and save all that money I would have paid to Getty!
Proof, once again, of a better life through the Internet.