Re: Fwd: [Wmfcc-l] The Public Domain Manifesto
Michael Peel <email <at> mikepeel.net>
2010-02-02 18:58:20 GMT
Thanks David and Geni for replying to this. I found Geni's email
somewhat perplexing, so I've commented on it below. In general, I
think the question is whether we agree with the overall stance,
rather than the specific details of what would happen if it were put
in place exactly as it is (there's a reason why laws tend to be very
long) - unless the 'unintended consequences' are very serious and
could have been avoided?
On 31 Jan 2010, at 16:10, geni wrote:
> Sadly no. Good on idealism less good on unintended consequences:
>
> "Contracts or technical protection measures that restrict access to
> and re-use of Public Domain works must not be enforced. The Public
> Domain status of a work guarantees the right to re-use, modify and
> reproduce. This also includes user prerogatives arising from
> exceptions and limitations, fair use and fair dealing, ensuring that
> these cannot be limited by contractual or technological means."
>
> The contractual limitations are of course unacceptable under the
> principles of a common law system. More importantly the anti DRM
> languages places limits on what you can do with a PD work.
Huh? I don't understand this - please could you explain?
> "Therefore, exceptions and limitations to copyright, fair use and fair
> dealing should be construed as evolutionary in nature and constantly
> adapted to account for the public interest."
>
> Basing fair use/fair dealing on the public interest strikes me as
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