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[News] Intellectual Monopoly Law Under Fire for Benefiting Moguls at Corpses' Expense

  • Subject: [News] Intellectual Monopoly Law Under Fire for Benefiting Moguls at Corpses' Expense
  • From: Roy Schestowitz <newsgroups@xxxxxxxxxxxxxxx>
  • Date: Fri, 11 Sep 2009 23:49:07 +0100
  • Followup-to: comp.os.linux.advocacy
  • Newsgroups: comp.os.linux.advocacy
  • User-agent: KNode/4.3.1
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Lord Kames Explains Why Copyright Is Not Property... In 1773

,----[ Quote ]
| I've posted the full text of Lord Kames's opinion in the important 
| Scottish Sessions case of Hinton v. Donaldson from 1773. This was the 
| case that rejected for Scotland, by a vote of 11-to-1, the theory of 
| "common law copyright", that authors (meaning, in practice, publishers) 
| had a perpetual copyright, at common law, of their writings. It was 
| followed a few months later by the English House of Lords's decision in 
| Donaldson v. Beckett, in which the English Lords rejected just as 
| forcefully the claim that authors had perpetual copyright under the 
| common law of England.


The Real Problem With The Google Book Settlement Isn't The Settlement, But 
Copyright Law Itself

,----[ Quote ]
| In Congressional hearings on Thursday about the Google book settlement, 
| most of the news reports focused on two particular things: (1) the fact 
| that Marybeth Peters, head of the US Copyright Office, spoke out against 
| the settlement, claiming that it violates copyright law and (2) Google's 
| "concession" in letting other booksellers offer up the "orphan works" 
| that Google would scan. [...] The whole problem of "orphan works" is 
| solely a result of the continual and ridiculous level of copyright 
| expansion over the years that has created these so-called "orphan 
| works." It seems that the only person who actually seemed willing to 
| discuss that was Rep. Zoe Lofgren, who actually used the occasion to 
| call for a repeal to the 1998 Copyright Term Extension Act, noting that 
| it was a large part of the problem.


580,388 Orphan Works â Give or Take

,----[ Quote ]
| Clearly one of the most (if not the most) contentious issue regarding 
| the Google Book Settlement (GBS) centers on the nebulous community of 
| âorphans and orphan titlesâ. And yet, through the entirety of the 
| discussion since the Google Book Settlement agreement was announced, no 
| one has attempted to define how many orphans there really are. Allow me: 
| 580,388. How do I know? Well, I admit, I do my share of guess work to 
| get to this estimate, but I believe my analysis is based on key facts 
| from which I have extrapolated a conclusion. Interestingly, I completed 
| this analysis starting from two very different points and the first 
| results were separated by only 3,000 works (before I made some minor 
| adjustments).



Lies, Damned Lies and Media Industry Numbers

,----[ Quote ]
| By quoting that number, they are effectively saying a vast swathe of
| the UK population is engaged in that activity. And as history teaches
| us, when such a vast proportion of a nation is doing something that is
| technically breaking the law, this shows not that these people are bad,
| but that such a law is self-evidently unjust to that nation.


How The UK Gov't Extrapolated 136 Self-Reported File Sharers Into 7 

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