[d@DCC] Excess Copyright
russell at flora.ca
Tue Nov 30 14:29:03 EST 2004
I am taking another stab at trying to express my strong opposition to
recommendations 4 and 5 of the Heritage report. Any feedback to improve
the article is greatly appreciated. If a lawyer or law student wants to
grab the idea and run with it for a legal brief for policy makers, that
too would be greatly appreciated.
(Just the beginning and the end to give you a flavor of what I am saying.
I expect to be fixing it up from feedback so don't want the first draft to
be mainly what people see).
I am an independent creator on the Internet, and of Internet related
software. When I joined the ongoing policy discussions around
copyright in the summer of 2001 I assumed that I would be sitting
across the table from Microsoft (and its Business Software Alliance,
and Canadian Alliance Against Software theft), the Recording Industry
(Canadian Recording Industry Association ...of America), and other
such special economic interests. What came as a shock was the fact
that groups claiming to represent creators such as the Writers Union,
Access Copyright and the Creators' Rights Alliance were also strongly
opposed to not only the Internet but the forward-looking reforms I was
I believe that if an adequately informed Supreme Court were to be
asked to rule on mirrors used by search engines and Internet archives,
they would come to a similar conclusion: that because they are
understood as an important part of the basic infrastructure of the
Public Internet that these would not be considered copies for the
purposes of the copyright act. They would likely further recognize
that it would be inappropriate to declare specific vendors like Google
and Archive.org to be privileged, and would need to recognize that the
entire of the "no membership required" part of the Internet must
facilitate verbatim distribution of works that are not themselves
considered copies for the purpose of the copyright act.
And if these are not copies, how can Access Copyright and the Writers
Union possibly defend their suggestion that they should be able to
levy these non-copies? Sounds like non-sense to me.
Russell McOrmond, Internet Consultant: <http://www.flora.ca/>
Code is Law: how software code regulates the activities of citizens,
and acts similar to law. How do we ensure transparency/accountability?
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