Librarians to the Rescue
Duke Machesne writes "Citing concerns over materials being distributed to American students by the BSA, MPAA, and RIAA's evil minions, the American Library Association will begin distributing its own, more balanced material this winter. The material will deal with insignificant and oft-overlooked details like fair use. More information on Wired News."
Well, I guess no more jokes about meek librarians....
Apparently, publishers don't like libraries. It decreases sales of their book.
However, it massively accelerates research. Clearly a good thing.
(Mod me down, this post is stupid.)
don't get too excited slashbots... balance in this case is 80% closer to the RIAA and MPAA side than what you think balanced is. Use your computer for something useful, like reading up on copyright laws, and why we have copyrights.
In September, the ALA will hold focus groups with teenagers to better understand...what language they use.
OMGLOLWTFBBQ?
"Citing concerns over materials being distributed to American students by the BSA" The Boyscouts of America?! What's wrong with the Boy Scouts?
well, y'know...librarians like to do it with books...and some with videos and music too... ;-)
The MPAA announced today that they will begin filing lawsuits against two current fifth-grade students who were former winners of the MPAA's own student essay contest. Winners were provided with MPAA T-shirts as well as copys of last year's Best Picture winner "Return of the King". According to the MPAA, one of the winners showed the video to her entire class during a "pirate pizza party" while the other student allowed his cousin to borrow his winning t-shirt w/ out paying the proper licensing fees.
Librarians and free media have always been the standard-bearer for issues of personal liberty. A while back, a group of publishers sued libraries for distributing books. Libraries have carried books, even when they've been shunned by society. They were the first ones to rail against the PATRIOT Act. They are one of the most significant forces against promoters ignorance, misinformation, disinformation, and junk science in existance right now. Remeber who had the fewest misconceptions about the Iraq war?
Since when has this country used intellectual elite as a pejorative term?
Attention all parents and those considering parenthood! Repeat after me: INDOCTRINATION BEGINS AT HOME.
...by Kurt Vonnegut I Love You, Madame Librarian
License: By reading this you are agreeing that you agree with me.
This borders on the obvious but librarians love books, which means that they are often well-informed liberals in the enlightenment sense of that word, i.e., someone who is broad-minded and tolerant of the views of others and expect others to behave in the same manner.
They also understand that our cultural heritage depends on free sharing for its preservation and nurturing -as does innovation. Librarians are therefore quite suspicious of those who try to place limits on the sharing of cultural outputs, particularly when they do so to benefit from the social conjectures and economic dislocations produced by a given technological moment in history.
Pragmatism as an ideology is not particularly pragmatic in the long term. Keep it in mind when you dismiss Free Software
What a refreshing break from "Your rights are being diminished." "Bush is on the warpath." "SCO is being generally evil."
The librarians have enlisted the help of Legolas Greenleaf of Mirkwood, Sindarin decendent of the Teleri...
I think the chance of being victorious over the BSA, MPAA, and RIAA's evil minions is good !
"Whoever would overthrow the liberty of a nation must begin by subduing the freeness of speech."--Benjamin Franklin
The BSA, Microsoft and the definition of Extortion.
But their doing something... good! This is confusing. I'm not supposed to like them but they are doing something good! This is like MS suddenly putting everything up to 2k under the GPL.
My brain hurts! It's confusing. Why can't anyone just be EVIL. Why do they have to do something good once and a while to make you question them?
Well, as much as I don't like them, in this case the enemy of my enemy is my friend, I suppose. The MPAA/RIAA/etc are the greater evil in this battle (IMHO). The ALA is trying to push a specific world view and ideological slant and co-opt parrents (again, my opinion). The RIAA/MPAA is trying to take away my RIGHTS. One is definatly worse than the other.
Comment forecast: Bits of genius surrounded by a sea of mediocrity.
"We're trying to educate children at a very young age about the importance of protecting copyrighted works," said Diane Smiroldo, vice president of public affairs for the BSA. "It's important to start talking to them at a very young age about creative works online and what you can and can't share with your friends."
Smiroldo compared the BSA's program to an antismoking or antilittering campaign. The curriculum doesn't talk about fair use but focuses on what are "right and wrong" behaviors online.
Hmm, lemme see, smoking harms the kid himself, littering defaces the entire community, and "pirating" copyrighted works hurts -- oh right, the Business Software Alliance.
And lemme see, these kids, having mastered all that readin', writin', and 'rithmeticin' -- ain't no child left behind no any more --, they've got plenty of time to spend learning a corporate lobbying group's version of "right and wrong".
I've never pirated music or software, and I do believe that the MPAA and the BSA should have the protection of copyright -- including the right to bring civil suit.
But when they try to co-opt the education of children and get the Department of Justice to bring their civil suits for them, and to pile criminal charges on top, well, it seems to me the corporations are getting much more than a fair shake.
Begins to remind me of the "War on Drugs" -- a "War" we'll never win but which benefits corporations building and running prisons (and the drug mafias and the prison guards' union) at the expense of cops and taxpayers and citizens.
It even makes me wonder if the "content providers" have gone so far as to forfeit their moral rights to copyright protection. There comes a time when you just have to say that the "cure" is worse than the "disease" (as for instance, the "War on Drugs") and tell those grabbing more than their fair share of money and legal power, "this far and no farther".
Opinions on the Twiddler2 hand-held keyboard?
It's more like, "fuck youse" from the RIAA, et al.
Here in Soviet Canuckistan, we have the right to borrow a CD from a friend, make a copy for ourselves, and then return the CD.
Does the same apply with libraries? And what about DVDs? (IE, am I in the clear if I go to my university library, take out a whole slew of Woody Allen movies, and then rip them to my computer before I return them?)
IMHO, no other group of professionals in our society have done more to protect the American ideal of life. If you don't already, talk to your locla librarian. You will find them to be one of the most remarkable resources in your life.
"To those who are overly cautious, everything is impossible. "
...the MPAA is cross-sued by the owner of the design for the T-shirt itself for trying to make money out of their T-shirt pattern without paying appropriate licence fees.
Got time? Spend some of it coding or testing
Librarians are getting overruled these days, not just by national directives such as the USA PATRIOT Act, but by activist governors.
e /2004 4-07-13-sd-censor_x.htm
i brary y.cdsettlement.ap/index.html
Last month the South Dakota governor removed a section of the state library Web site because it gave health advice to teens.
http://www.usatoday.com/tech/webguide/internetlif
This month the Kansas governor had rap CDs removed from all libraryies.
http://edition.cnn.com/2004/SHOWBIZ/Music/08/06/l
A Librarian
All trademarks and copyrights on this page are owned by their respective owners. Comments are owned by the Poster. The Rest © 1997-2004 OSTG.
I think it's important to remind everyone that even slashdot seems concerned about protecting it's copyrighted material -- despite the stories selected for posting by people like michael.
At many schools the attitude is already decidedly against those groups. At my university, James Madison University in Virginia, AudioGalaxy usage was so high that we almost had our own self-contained AG system because that's how many local users had that many mp3s to share. The university only eventually busted users for bandwidth abuse when it got to the point that people in certain dorms couldn't even really use basic online university services like webmail.
Our CS program is also basically MS free and we're starting to get some real recognition by the NSA and DoHS for our information security work. Most of the CS and many of the other classes I've seen outside the department also are pretty hostile toward the views of these groups.
Good work, thanks libraries. However, the situation is much better on most campuses than many would believe.
Click here or a puppy gets stomped!
I'm sorry, you can disagree but not label the other party evil. It sounds really childish and dilutes the meaning of a rather harsh term. It also distracts people from the message you are trying to get across.
The war with islam is a war on the beast
The war on terror is a war for peace
Not quite familiar with the ALA, but up here in Canada, my library rents out books. It has a couple of small shelves of hardcover new stuff that you'd get for roughly 2-3$ a week. Pretty fair. I'm sure they're paying whatever legal duties or price for those books to rent them out and you can legally read the new Steve King book without shelling out an arm and a leg. That said, I happen to find it bloody interesting that the ALA is getting involved in the whole online/copyrighted scheme of things. This is a public organization, supported by public money (ie your tax dollars) that acquires a broad amount of copyrighted material (and at my local library it extends to music cd's, film, magazines etc) intended for free public consumption. I'm liking the idea of a public library using public money to now make that content available over the internet. The ends will justify the means. Imagine how culturally enriched we could be as a society if every young person (or at least those online - which in 15 years will be all of them) who would never set foot into a library, (come on, the place is flat out boring) could actually access the entire catalogue of available material from their computer when they got bored of ebaum's world. The business world, MPAA, RIAA, BSA etc can rape us of fair use and any use of our purchased items, but I love the idea of the ALA getting involved in this, because the more the average Joe can equate the concepts of copyright with that place where you can pay 3$ for a membership and take out whatever the hell you want and pay $0.05 a day late fees, the more the general public concensus will sway towards maintaining fair use and maintaining copyright for its originally intended purposes.
So where do I buy American Libraries Association's cookies???
Wonder how many hypocrite copyright holders have ever borrowed a book from a library (and thus ripped off a poor publishing house).
Same with musicians. How many have benefitted from fair use and now vehemently oppose anyone "stealing" their work most of which is a derivation of fair use.
Oppose porn in the library -- ban bibles!
forced rape of young girls is one of the nastiest types of porn, and for that reason, all those disgusting bibles need to be burned!
CONAN, the LIBRARIAN!!!!
Wh47 d1d j00 541, 31337 15n't t3h r0xor5 ne m0r3???
ook?
- Never underestimate the power of human stupidity.
Yup, the article mentions high school librarians will get copies. I'm sure high schools will be thrilled to have more visitors to their libraries. We need a date posted, so we can /. libraries.
Hmm, lemme see, smoking harms the kid himself, littering defaces the entire community, and "pirating" copyrighted works hurts -- oh right, the Business Software Alliance.
To be fair, copyright is a mechanism with a purpose other than just enriching the BSA. It's part of a system designed to allow content funding to be produced.
The ALA is just interested in people not having something presented as "right" and something else presented as "wrong" -- they'd rather have people consider the benefits themselves.
I have no problem with copyright per se -- the question is whether it is still practical and useful in its current from in present day, where it is nearly impossible to enforce, and where it has been extended far, far beyond the intent of its creators.
Many Slashdotters may not like Britney Spears. However, she clearly entertains many people, and I don't have a problem with publishers making money off her if they are entertaining people -- if that's what people want, let them have her.
On the other hand, I'm not convinced that they should have her for her lifetime and well beyond, nor am I convinced that copyright can be enforced any more, nor am I comfortable with DMCA-based end runs around fair use. That doesn't mean that we should "drop copyright" -- we have a number of content-producing mechanisms that are based around it, and no good systems that will necessarily replace them. It does mean that copyright reform may be necessary, and given that I feel that the ALA is a group of people with a good deal of insight into copyright-related issues, I'm more inclined to listen to what they have to say than a number of the other players in the copyright game.
May we never see th
Repent! Repent! and Read no More!
Come to think of it, the American school system is actually doing a marvelous job with creating illiterate young adults, so the **AAs have nothing to fear. Eventually, everybody will have to pay someone (in another country) to read for them and all reading will be outsourced to India.
Oh well, what the hell...
The Scout Oath
On my honor,
I will do my best
to do my duty
to God and my Country
and to obey the Scout Law,
to help other people at all times,
to keep myself physically strong,
mentally awake, and MORALLY straight.
And it's even worse than that. Many of those parents knowingly hand over their children to "schools", which are institutions that also attempt to teach the children that they should share.
Schools are an interesting system -- they both indoctrinate and inform. Control of the schools is one of the most powerful long-term institutions to control.
It's not even that I dislike the BSA/RIAA/MPAA that much -- I just don't want *any* corporate marketing taking place in schools. If the BSA/RIAA/MPAA wants to fund a marketing campaign, they can certainly do so, and there are many channels that will let them target children -- but not in the schools, dammit. If schools are filled with marketing drivel, how can children trust anyone? It's not that I'm saying that people shouldn't question what they're taught in schools, but some things have to be at least accepted in the short term in order to operate, while we learn enough to find inconsistencies in arguments -- the stuff in schools is normally less trusted than than in 30 second spots between advertisements.
If the Weekly Reader wants to sell a section of their space to the BSA, I'd at least like to see them have to donate equal space to groups like the ALA and the EFF, to present kids with both sides of an issue and let them think their own way through the issues involved.
May we never see th
These organizations are merely trying to interrupt this process and teach the children that ideas and songs are like toys and other kinds of property: Every child should have his or her own, every one should be paid for, and they should never be shared. Sharing is an economic perversion that undermines the private property that is at the heart of our corporate economic system.
In other news, Ford announces it will initiate thousands of lawsuits agains those who illegally share rides known in a process known as "carpooling."
LedgerSMB: Open source Accounting/ERP
After a quick look at the Propaganda on their website, I noticed a "Survey" form that includes a "Business Reply Mail" envelope template.
You know, the kind that the person recieving the survey must pay the postage for.
Wouldn't it be great if all of the slashdotters would send in their comments? (2+ Million). At 37c a piece, that would total a little over $740,000.
I personally may send in a few, just so my voice may be heard.
The survey can be found at http://www.playitcybersafe.com/pdfs/BSAsurvey.pdf
It's targeted for teachers, so I guess we all will need to roleplay for this one.
-----BEGIN PGP MESSAGE-----
Version: PGP 8.1
qANQR1DBw04DcHuijMDn4gYQD/0Q4Z/ZrjsEgXZS67/JxItXi1 bXG9NaY3HMtLd1H 0ueqvLt81ghCyEy GDAPBNLinE0xJ2u fyP+LXW8214ObDv qOfERhwnMVcDO58 TLbD9b8nDdFQ6D7 9feoLqTZNj1ZOer eOcbL1QN824VOHZ VfLKCq30qWXls9g p+Nm5WZZKq0ZU67 10lqzAyNJeWuw3E Yj13pYGjnQjRFQy N4kmu8z6pyi5iyq 9bPBd1+52mYe+LN iM4DNI16+SGsZ/K mrOM45TbsesJ6cj juxnpCHAQRE/syx O5Ij34NPs9/t3pt nYPwjBqpOA3KqIs e5r1pdhcXJH3Ha5 6IBUmx45/7hQGtU 3SwGIBTD816eIGF R7V+bNhY97Ccxe+ H40KrkbOOewdpiq Jr7Cm1ult3scfht fwnJsahyYzt9v09 ndSmKJkK/nf0eW/ pLevmpZQ==
HM5ZrYTZlACCarcIxtSWIcuaPQjuSJeLVqzo/9oRRdPzq/Kt1
KW+p/DnD1tbvqsbkYLx345mczPFPl7/a6wYGdD17RKc2X352e
pUMGag8cYF1TWwLVxIz19dxIrWCslaVT3wnJJmIzykeZtQckp
GlcI1oXe4rrd0am3gxOQOF0Dy30V0pSwhmDROjXcfGk8q7vkI
YGFDoaJyRT0w01Zr9Fz6A6+qMF+EYyf9tjEXyNjB7rFLktxLC
xhImYtmcAbHKc0/YfeLM8aGmRDFsNLBPJHk9TI6NGULqW1LuJ
zjgcabJataVafqLDpee/8wiw5Z+eG11XjhUqr9oKeB+l4UNgQ
X3/d8wCwXwUXwDncB401vSGi1mhjmD2i3iJetdTYZJWTFOm5J
OJeRBaoyXppx54qvopi3rdFhv7uTYezd4OV8ucDbGUSInbB3a
9C+Rv/2lxYgbXmYMcKwLan9GKW+xs/f9iC1saXjaLQYJKD6v/
1jc7MhAAvCYI9bbM2AarHwy8zhXZLhIYELM1NNjQm5XEbgtjo
CB+6hjUzaui8Bugz370kPE9SF4BUnW4/B20cf7mK13X2Sixgl
fkRUtRMPdrugjdVVW7sHP8UB/V1Z9XriojOAX3pXZR4WLqlZQ
8AU2KqDMBfDyo4DGbkqEd2q/dO2dwgR979+nrR2HgORRC/t3/
ioK4n3Qe0xYz/cv4463rQc60sZ3gZXGC85iK6vGDmZk6JV6oM
7Pn1ght9wvOlQUEtNXCXChHN1H+od7kBvZ8KanbWGPeKKhNP3
JEk39yG89ALhSwZ8kPfD2AaEXB16QufKm0TR7Awq2eH8oC19o
wgLmNDiTBBNnYCzKoVkr353udQPLRq1pmQ+5Ot96prm2e5BRW
EUgFVKwVBWhoFgZ4bBevw2xIwUQDZYJAIvdUL8YNJQhcrZGkD
CvCCuR6NShjOvAF7quu+hPgb0vuFVfvTks5U7CGlqatoM8dAh
k6CfqriONdLStjXu3QgqXJ+Pgecp7RWYRci8DsoYyxK+FbTvg
5NbQyoD0pdKJmzJ/0wTV8nTQX6hzdGg9qolgMkH6Sf11GECyH
iZfKVJNxVMMN5uOu2pkftSMmTJbJipAxAhxPW2lzYvGBmWszX
jeIzMrXNsiNLEhMbrWX2M5M5ogeAb8Fq5yIw6zDkpIgy0HnOs
h28ejJenikOtWH9spqsPvC8oowzzDweGfuB0hDYUrUIiImtkk
+a/ejdtLS+qJ0mKz3VJPFQDAQ/Ohusg+brgDk/7qTw64AZVqS
MUBGl8bnnYsjlf8rsaNfsiMk+IO+whB82qO4LlGzUmPc/+YgO
=dpIX
-----END PGP MESSAGE-----
+1 to off-topic
"And so the Trekkies were executed in the mannor most befitting virgins - thrown into volcanoes" - Futurama
Try this one:
i fe /2004-07-13-sd-censor_x.htm
http://www.usatoday.com/tech/webguide/internetl
"Fact is they are claiming control of the information."
So, why exactly is a statement which affirms that each poster 'owns' the comments they make controversial? It sounds like you just don't understand what this is saying.
Nothing that that disclaimer says isn't already true by nearly every instance of international/Berne-convention-automatic copyright law in the first place. Slashdot has copyright protection on content that originates from them and they (Slashdot's operators) put on their pages. The notice at the bottom simply reiterates and affirms that posters forfeit no automatic-copyright rights when they post to Slashdot--just in case it wasn't clear. So basically, everything is as it would be if people were communicating via any other spoken or written medium. Slashdot is not claiming anything other than what is written in copyright law, and in fact is going out of its way to point out that copyright law applies in favor of individual posters and won't be used to try to assert control over posters' comments, in case that wasn't clear.
What's your problem with this again?
<disclaimer class='usual'> IANAL. This is not legal advice. </disclaimer>
Here in Soviet Canuckistan, we have the right to borrow a CD from a friend, make a copy for ourselves, and then return the CD.
Nearly; our Copyright Act, s.80, provides that copying music "for the private use of the person who makes the copy" is not infringement of copyright. It doesn't matter whether it's a CD; what matters is whether it's music and whether your copying is for your personal use.
S.80 is in Part VIII, which also sets up the infamous blank media levy, so it's clear that the policy thinking is "we'll allow this activity, which would normally infringe copyright, and compensate the copyright holders by other means". But s.80 doesn't specify that you may only copy music onto media to which the levy applies; any medium is fine. (Well, I think specific kinds of media could be excluded by regulation, but to my knowledge this hasn't been done.)
Does the same apply with libraries?
Sure. There's no restriction on how you get access to the music you're copying -- from a friend, from a library, from the back of a truck, it's all the same as far as this bit o' law is concerned.
And what about DVDs?
No, but not because they're DVDs instead of CDs; again, the medium doesn't really matter. What matters is the kind of work being copied -- s.80 applies only to sound recordings of musical works, not to films or other classes of copyrightable work that you would usually find on a DVD. Ripping a film from DVD is copyright infringement in Canada, assuming that the film is under copyright in the first place, that the copyright holder hasn't licensed you to do it, and that none of our other copyright exceptions come to your rescue.
If the ripping does infringe copyright, you'd at least be civilly liable, and the act spells out civil remedies for the copyright holder. In some circumstances -- mostly infringement for commercial purposes, but also distribution "to such an extent as to affect prejudicially the owner of the copyright" -- there is criminal liability too.
How about teaching kids their basic rights, like when they're stopped by police on the street, in their car, or in attempts to search their home? Is copyright more important to inculcate than Miranda rights? Or their rights in a jury to nullify an unjust law used in the trial? Until these priorities are addressed, public education is just another tedious exercise in corporate indoctrination.
--
make install -not war
In the US, libraries are free. You can borrow books for periods of weeks.
Its a great tradition, and one that *I'm sure* book publishers hate. But to go against it is to go against one of our founding fathers, Benjamin Franklin, who pushed hard to get the public library system set up to encourage literacy.
At my local library, I can also borrow CD's and a limited supply of DVD's. I can reserve items, and when they come back from loan, I'm sent email so I can go to the library and pick up my book for 3 weeks *free*.
Libraries are cool.
Hey, let's watch the snide subject line, guys, librarians are pretty tough people you really don't want to mess with. Just think Giles aka "The Ripper" from Buffy, or that cute dark-haired woman whose name escapes me but whose image is strangely present from The Mummy. They can seriously kick ass; nine of ten superheroes started out as librarians.
I remember the "don't copy that floppy" bullshit which was a lot more imaginative than the new campaign they're trying. It didn't work then, it won' work now. The ones they tried to indoctrinate last time became the "file sharing generation" for God's sake.
Click here or a puppy gets stomped!
That would only be true if those precedents were constitutional holdings, that is judicial interpretation of the US constitution as opposed to judicial interpretation of federal or state laws. Since those decisions were most likely the latter, a court could rule that some aspect of fair use was based on some aspects of the old law which is changed in the new law.
I am not a lawyer, but I recall hearing a lawyer discuss this very issue with respect to the Digital Millennium Copyright Act and the "betamax decision" standard for contributory copyright infringement.
seriously, i've never posted such a reply before but he/she deserves it. i only wish i had mod points left.
-1, Retard
Actually, the libraries do lend books for free (except for a couple of provinces where they're allowed to charge a fee for a library card). You can put yourself on the list for the latest King thriller and wait your turn. You'll be #237 in line.
Some libraries provide this rental option as an "enhanced service". The library leases a couple of hundred extra copies from a service (yes, there are such things), and then leases them out to willing patrons for a few bucks for three or five days (a much shorter lending period than the normal boks). They use the fee to recoup the leasing costs, they're not stuck with two hundred extra copies of the latest flash in the pan, and people that want to read the book quickly, but can't afford $35.00CAD can get it almost as fast as at the book store.
My current library doesn't do this, but my old library did. And fortunately, I was in library school when my old library started doing this, so I had a reason to chat up the staff at the branch about the service. It's mostly a safety valve for the pent-up demand for certain books.
I was pleased to hear this announcement and am hopeful that other national library organizations will follow suit in their own jurisdictions - students should not be exposed to a single perspective on this or any issue. To quote Tony Samek, of the University of Alberta's School of Library and Information Studies, "The largest current threat to intellectual freedom in Alberta [Canada] is the dwindling numbers of Teacher-Librarians employed in the province." Who else will defend intellectual freedom in the K-12 system?
i just want to play go
yay, go librarians. seriously. this is a good move. last thing I'd want is for my child having to go to school to get brainwashed by some companies to fit their financial interests.
It's much like how the communists infiltrated schools, or the McCarthy era here, where all teachers told their children to report their parents' communist activities to them. etc.
It's very sick that people use children as tools.
One thing people always seem to do is use younge children and the elderly, becauset hey know the two groups arent likely to sock them in the face and tell them to fuck off.
50 bucks on '1984' =P
GAAH! MY PRINTER IS ON FIRE!!! PUT IT OUT! PUT IT OUT!
While the story topic is nice, IMHO, the ALA's work in publicizing Ashcroft's demand that libraries remove information about certain US laws from their libraries is far, far more important of a public service!
Everyone's favorite tyrant AG John Ashcroft wanted ordered the American Library Association to destroy all copies of the federal laws on asset forfeiture and to prevent disclosure of their content. Thanks to quick action and a lot of publicity by the ALA and others, the fascists backed off.
You can join the Freedom to Read Foundation, which is a non-profit associated with ALA that takes on issues of censorship (including censorship by copyright). Or you can donate to the Frank Zappa Memorial Fund, which goes to the FTRF, as set up in Zappa's will.
I just read
As an anarchist librarian, it's good to hear that my association is going to launch an aggressive campaign about fair use and the problems with copyrights. I've been advocating against copyrights and intellectual property laws for over ten years, so it's really exciting that more and more people are seeing through the stupidity of IP laws. This swing will continue as the greedy corporations continue to engage in stupid things against the public domain and idea sharing.
Hey Disney, you didn't invent Sleeping Beauty!
You know the world has changed when librarians start getting miltant...
The librarians have enlisted the help of Will Turner, a known pirate who is wanted for stealing a ship from Her Majesty's Navy.
Arrrr!!!
> It is not copyright law which grants and
> defines and restricts fair use. It is
> fair use which rescues copyright law from
> being struck down as unconstitutional
More than being constitutional, copyright law is not natural. The way things has been during the past few millenia of human civilizations is that ideas were freely spreading. That's the natural way for our species to do things. Copyright and other "Intelectual property" laws were introduced very recently in human history and their purpose is not to grant rights to owners of "property", but rather to restrict rights. Their ONLY purpose was to allow the use some relatively expensive new technologies to be used profitably. Now that there are alternative ways to to do the same, does the public need the same kind of restrictions?
The first thing to do when teaching young people about "Intelectual Property" is to show how the terminology is misleading: "Intelectual Property" is not property. In the natural way ideas are free. Public interest leads to defining some restrictions, and these restrictions should be minimal and should be periodically revised to fit the times. There is a natural way to keep an idea from being copied: keep it secret. The ONLY good reason to restrict the public from freely distributing ideas is to discourage the keeping of secrets. I don't think that the RIAA or the MPAA or the BSA members would keep their stuff secret if copyright and other IP laws were to disappear. They would just find the right tools to ensure they make some profit from what they distribute. Keeping it secret won't make them any profits.
There is no such thing as being granted the right to copy. This right exists naturally. The law only restricts it to benefit some people, and if the technology or the way things are done changes, the public should reassess things and change the laws accordingly.
Do we really need the law to protect mediocre creations sold to the millions through aggressive marketing when we have technology that can be used to create and distribute content almost freely?
One case for IP laws is that it is designed to protect the ability of creators to benefit from the effort put into creation. At least in the case of the RIAA and the MPAA it seems that the protection is more to the multimillions they pour into marketing, and not into creation. Does the public really have an interest in protecting their investment in marketing? A similar argument applies to patent protection that is more and more applied to protect companies' investment in IP lawyers searching for existing technology that can be registered with the patent office, rather than in creating new technology.