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List:       dmca-discuss
Subject:    Re: [DMCA_Discuss] RIAA plans lawsuit binge against file traders
From:       "Matthew T. Russotto" <mrussotto () speakeasy ! net>
Date:       2003-06-26 14:00:39
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On Thursday, June 26, 2003, at 01:03 AM, Phil Gengler wrote:

> At what point do they become right in doing stuff like this, though?

The RIAA?  Never.  They're so tainted that anything right becomes wrong 
by the act of them doing it.  (OK, I'm only half serious here)

> *If* (and that's a big if) the RIAA can show, beyond the shadow of a
> doubt that the people they're pursuing are in fact breaking the law.

Why bother?  They can just get your name, have your ISP cut you off, 
and send you a threatening letter on the word of one of their automated 
programs.

> This is what copyright is all about, preventing other people from
> distributing your works without your permission.

 From reproducing (which is why computers and copyright don't mix), 
distributing (which is why the net and copyright don't mix), publicly 
displaying (which is why the web and copyright don't mix), publicly 
performing (which is why the Girl Scouts and copyright don't mix), or 
making derivative works of (which is why age-old creative processes 
(which involve extensive "borrowing" from past works) and copyright 
don't mix).

> To deny that is to
> deny the fundamental tenant of copyright; not the DMCA, or any of the
> copyright term issues, but the very definition of what copyright is.

If you accept that copyright enforcement _requires_ heavy-handed 
tactics like those of the RIAA, you have no choice but to either accept 
the tactics as valid or to deny the desirability of copyright.

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