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List:       dmca-discuss
Subject:    Re: [DMCA_Discuss] Re: new question
From:       metahcetia <metahcet () swcp ! com>
Date:       2003-03-13 2:19:25
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On Tue, 11 Mar 2003, Robert F. Bodi wrote:

> It amazes me how many people on this list want to get power over things that
> they have no claim to, legal or moral!

If we can step a bit closer to reality for a moment.  Once art reaches the
public domain, is publicly accessible, then it can no longer be said that
the public doesn't have power over it.  In fact the public can take that
work and rework and/or redistribute it.  Even if not legally, the ability
undeniably exists.

You may not like the fact that people have power over other peoples art
but as a matter of fact they do.  This is the entire reasoning behind the
DMCA.  The present state of technology has given the public unprecedented
access to art and the public has been using that access.

Whether or not the public does have power over art is indisputable, the
debate is or should be, over weather or not they should be allowed to use
that power.

It's like my 5th grade teacher always said, you can go to the restroom,
but you may not.  It's not really a sutble difference.  I can priate
music, use it as samples in other music, plagerize a book or crack
software copy protection, but I MAY not do any of these things.  It's the
area between can and may that the debate is fueled.

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