[d@DCC] Response to Globe Article on unauthorized downloading

[Russell McOrmond]

Wallace J.McLean wrote:
> ----- Original Message -----
> From: Mark Jenkins <umjenki5 at cc.umanitoba.ca>
> Date: Thursday, August 11, 2005 2:55 pm
> Subject: Re: [d at DCC] Response to Globe Article on unauthorized 
> downloading
> 
> 
>>Laws that disallow non-commercial copyright
>>infringement
> 
> 
> Again, this statement tends to give an overbroad characterization to 
> the word "infringement". Not every unauthorized act is an infringing 
> one.

   We can spend all day tripping around language.  While it is useful to 
be aware of language that can be confusing, we can't allow ourselves to 
go overboard.  I saw nothing in what he said that suggesting that he 
believed all unauthorized acts were infringing acts.

   I am quite opposed to the idea that "where no money changes hands, 
the acts is not an infringing act".  This would revoke the ability of 
those using copyleft/ShareAlike licenses to enforce them on anyone who 
is not charging a royalty fee, allowing someone like Microsoft to simply 
bundle a binary-only copy of an otherwise infringing version of any 
FLOSS software with their software as long as no royalty fee was collected.

   I realize that there are some "old timers" on this list (as with the 
CRA and others) that equate copyright to a "right of remuneration", but 
I'm not one of them.  This type of thinking is seen from both sides: 
those who believe that if someone doesn't ask for a monopoly rent that 
they are "giving away" their work, and those who believe that where no 
money changed hands there should be no claim of infringement.  I 
strongly disagree with both of these perspectives.


Note: We can all work together towards common goals without needing to 
have all goals be common.  My primary interest is to protect open 
collaborative models of creation, distribution and funding of 
creativity/innovation.  Other people have other interests.

-- 
  Russell McOrmond, Internet Consultant: <http://www.flora.ca/>
  2066+ Canadians oppose Bill C-60 which protects antiquated Recording,
  Motion Picture and "software manufacturing" industries from change...
  http://KillBillC60.ca    Sign--> http://digital-copyright.ca/petition/