xor 's Techdirt Comments

Latest Comments (3) comment rss

  • More Copyright Policy Should Be As Boring As This Supreme Court Decision

    xor ( profile ), 11 Mar, 2019 @ 01:16pm

    Re: Re: Re:

    I don't really find your response persuasive, but even on your own terms... how did a person opt out in the decades between the removal of formalities and the introduction of CC0 waivers? The (obvious) difference between pre-1976 participation and post-1976 abstention is that the law does not provide a mechanism for opting out. People have cobbled together hacky ways—and you have to admit, CC0 is hacky, and I'd say the jury's still out on whether it applies to the more inalienable portions such as termination of transfer—but if you are hanging your hat on the distinction between "so arduous there are literally zero examples of it for decades until a team of lawyers devised a hack" and "impossible," I don't really see the point.

  • More Copyright Policy Should Be As Boring As This Supreme Court Decision

    xor ( profile ), 11 Mar, 2019 @ 01:01pm

    Re:

    Yes, Litman is absolutely excellent on this. She also wrote the SCOTUSblog summary for this case, and it's (unsurprisingly) great.

  • More Copyright Policy Should Be As Boring As This Supreme Court Decision

    xor ( profile ), 11 Mar, 2019 @ 01:00pm

    Re:

    Oh really? How do you do it, then? Absent a formal declaration like a CC 0 waiver, what are the steps by which you can opt out? Because if opting out requires finding and attaching legal documents to your work, it sure sounds like participation is effectively mandatory.