It's not copyright gone mad. They are suing her for violation of a trade secret. There is a mammoth difference. This would be the legal equivalent to writing reviews of an iPhone, using a stolen (or lost) iPhone before the phone was released to the public.. It has nothing to do with illegal P2P.
Lessig's main point, that when "use" becomes a crime so copyright needs to be overhauled, sounds brilliant until you look at the whole law and not just the section of the copyright act that effect sound recordings. Then his argument, like so many of his arguments, falls apart and reveals its bias-- music should be free.
The actual law does not confuse thievery with "use." Making a single copy for personal use is not now nor has it ever been illegal. Like many areas of the law, there are contradictions from one statute to the next that are fleshed out by case law. In this case, while the Copyright Act makes making ANY unauthorized copy a crime (although no none has ever gone to jail or been fined for making a single, personal use "illegal" copy) another area of case law mitigates that factor. It's called Lux Diminimus, (sp) a fancy way of saying that if the infraction is so trifle then even though technically it's illegal, the courts are not going to bother.
Such is the situation here. Making personal use copies of music is fine, as long as you paid for a legal copy first, under the law. But allowing many others to circumvent that process is what Lessig wants everyone to forget about. He wants that to be a "use" and that is why his argument is sophistry. He also ignores the fact that in almost 100% of the cases copyright is handled as a Civil matter, not a criminal one, so equating infringement as a "crime" is not really as brilliant a point as it sounds when you filter it through the real life practicality of how infringement is dealt with.
And you all should be pissed at him. He is making a fool put of those who buy into his spiel. Because he knows full well (or, I should say, the lawyers who prep him know full well) that what I just wrote above is the fact, yet he goes public with a fallacious argument aimed at people who are not versed in the law, using a half-backed theory that tugs at your emotions and fears rather than one that address the real issues.
Don't be Lessig's fool. The law is fine, it serves the American economy very well. What needs some reform are people's entitlement issues.
(typed quickly, apologies for any spelling errors.)
Not copyright, trade secret
It's not copyright gone mad. They are suing her for violation of a trade secret. There is a mammoth difference. This would be the legal equivalent to writing reviews of an iPhone, using a stolen (or lost) iPhone before the phone was released to the public.. It has nothing to do with illegal P2P.
Lessig is right - if you ignore reality
Lessig's main point, that when "use" becomes a crime so copyright needs to be overhauled, sounds brilliant until you look at the whole law and not just the section of the copyright act that effect sound recordings. Then his argument, like so many of his arguments, falls apart and reveals its bias-- music should be free.
The actual law does not confuse thievery with "use." Making a single copy for personal use is not now nor has it ever been illegal. Like many areas of the law, there are contradictions from one statute to the next that are fleshed out by case law. In this case, while the Copyright Act makes making ANY unauthorized copy a crime (although no none has ever gone to jail or been fined for making a single, personal use "illegal" copy) another area of case law mitigates that factor. It's called Lux Diminimus, (sp) a fancy way of saying that if the infraction is so trifle then even though technically it's illegal, the courts are not going to bother.
Such is the situation here. Making personal use copies of music is fine, as long as you paid for a legal copy first, under the law. But allowing many others to circumvent that process is what Lessig wants everyone to forget about. He wants that to be a "use" and that is why his argument is sophistry. He also ignores the fact that in almost 100% of the cases copyright is handled as a Civil matter, not a criminal one, so equating infringement as a "crime" is not really as brilliant a point as it sounds when you filter it through the real life practicality of how infringement is dealt with.
And you all should be pissed at him. He is making a fool put of those who buy into his spiel. Because he knows full well (or, I should say, the lawyers who prep him know full well) that what I just wrote above is the fact, yet he goes public with a fallacious argument aimed at people who are not versed in the law, using a half-backed theory that tugs at your emotions and fears rather than one that address the real issues.
Don't be Lessig's fool. The law is fine, it serves the American economy very well. What needs some reform are people's entitlement issues.
(typed quickly, apologies for any spelling errors.)
Major lanes and coppyrights
>>
yes. Just like the tech compaines: Champians of copyright liberation and no DRM, untill is comes to their sofwear and patents.