[d@DCC] The petition

[mskala at ansuz.sooke.bc.ca]

On Thu, 15 Apr 2004, Russell McOrmond wrote:
>   I'm still quite uncomfortable mentioning intermediaries in "careful
> balance between the rights of creators, intermediaries and the public" as

I'm inclined to agree.  Intermediaries are anxious to have everyone forget
that right now, intermediaries get the major share of the pie.  Their
rhetoric is all about helping *creators* - not "help us, the
intermediaries".  They want to emphasize creators.  So why not give them
their wish?

>   I wonder if the phrase "private copying" has been dammaged in Canada
> because the private copying regime did not specify the source of the work
> (possibly infringing when brought into the home), just the private use?  

I think legal private copying shouldn't depend on whether the source was
infringing.  If I borrow your disc and decide how to make a copy, how am I
to know whether you had it legally?  If I later find out that your copy
was infringing, do I have to destroy my copy (made from yours)?  Do I have
to do contact-tracing to figure out who might have a copy from
me?  Through how many levels does the liability transfer?

This kind of infectious or transitive liability is a huge problem in
electronic situations because of the speed and depth that the generations
can multiply.  It seems similar to what could happen with "links to
illegal material are themselves illegal" - almost all of the Web would
become illegal under such a theory.  I'd like to nip it in the bud by
saying that everyone is only liable for their own actions, and legal
copies of material that was obtained illegally by someone else, do not
spread liability.
-- 
Matthew Skala
mskala at ansuz.sooke.bc.ca                    Embrace and defend.
http://ansuz.sooke.bc.ca/

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