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Canadian High Court Rules on Copyright
An Anonymous Coward writes "Hi,
Found this at: www.politechbot.com.
Here is the intro from http://www.politechbot.com/p-03414.html:
"Your readers may be interested in a landmark Canadian Supreme Court
decision that explicitly addresses the question of copyright and
balance. In a 4-3 split, the majority notes that the proper balance lies
not only in recognizing creator's rights but also giving appropriate weight
to their limited nature. Moreover, the majority argues that "excessive
control by holders of copyrights and other forms of intellectual property
may unduly limit the ability of the public domain to incorporate and
embellish creative innovation in the long-term interests of society as a
whole, or create practical obstacles to proper utilization.""
In short: "Once an authorized copy of a work is sold to a member
of the public, it is generally for the purchaser, not the author, to
determine what happens to it.""
but also giving appropriate weight to their limited nature.
The limited nature of copyright is already in our Constitution (Article I, Section 8). Why can't the United States follow their original rules, while Canada ensures such fairness "on the fly". Is it because their lawmakers are less likely to be bought?
Sometimes I don't understand why we bash Canada at all.
If I weren't nailed to the penis, I'd be pushing up the daisies!
Hence it's not applicable to computer software or music.
"The process in issue here involves lifting the ink that was used in printing a paper poster and transferring it onto a canvas. Since this process leaves the poster blank, there is no increase in the total number of reproductions."
It's more like you bought a CD and then make a christmas tree decoration out of it. Thinking about what to do with your old Windows CDs? Well here's a safe way to do with them as you please, without breaing copyright law (at least in Canada). .o)
It warms my heart to know that sometimes a good decision is made by people looking further into the future than just the next payback, election, or bribe.
This decision will cause a number of repurcussions with our so-called friendly neighbor the Americans.
For the last number of years the American policy toward Canada has been degrading (from the Canadian perspective). No longer are we friends, but associates. We are now enemies in lumber wars, victims in real wars, and we are treated with suspicion in all things terrorist related. We used to have the world's longest unguarded border, but that is history.
It is a shame that we no longer see eye-to-eye, but America's general trend toward a more managed society and a more selfish government has inevitably conflicted with Canada's movements toward more freedoms.
For us this is a good thing because we will gain advantages over the americans in the grand scheme, especially in terms of freedom to innovate.
I only hope that Canada makes more decisions which open up further opportunities. Let's face it, a business would be able to operate easier from Canada than the US (from a government red-tape perspective), especially in an international market.
gus
.. if only.
The court's verdict sounds as if it's too logical, properly considering the long term benefits and drawbacks to society from copyright.
I doubt we could expect anything so enlightened in the United States.
The "life, liberty and pursuit of happiness" clause in our Declaration of Independence was almost "life, liberty and property". Sentiment for the importance of "property" rights is strong. Probably slavery in the U.S. would have been abolished a lot sooner had abolition not directly confronted "property" rights of slaveowners.
"Provided by the management for your protection."
Can I have the keys to your house, car and your bank account numbers?
Don't assume that I give zero value to property rights just because in some cases I think other people overvalue them.
It would be just as wrong for me to assume that because you value property rights more than other poeple in some circumstances that therefore you give zero value to human rights.
If you really did give zero value to human rights, then I would gladly give you all those things on condition that you promised to become my slave and obey my every command.
"Provided by the management for your protection."
Iaamoac