Re: [Fwd: Re: Jefferson and information]

["Seth Johnson" <seth.johnson@xxxxxxxxxxxxxxxxxxxxxxx>]

While preventing the free flow of ideas is not among the problems with 
traditional copyright, it is a problem with the use of bogus notions 
of copyright to try to get government mandates for content control.  
Note the recent broadcast flag ruling of the FCC and attempts to build 
content control into computer motherboards (TCPA/Palladium).  Most 
horrendously, note the incredibly perverse combination of the French 
notion of moral rights with a requirement to respect "DRM metadata" 
which we find in the idiotic WIPO Performances and Phonograms Treaty.  
And of course the ridiculous idea that the effort expended in 
collecting information warrants granting to information collectors a 
new exclusive right to their facts as such, evidenced in the 
perrennial attempt to pass "Database Data" laws.

So, unless we make perfectly clear that information is free (not that 
it wants to be; it is and it always has been), the ability of the 
public to benefit from published information will surely be prevented.

Seth Johnson

-----Original Message-----
From: "Elaine P. Whelan" <epwhelan@xxxxxxxxxxxxxx>
Date: Thu, 15 Jan 2004 13:59:05 -0500
Subject: [Fwd: Re: Jefferson and information]

> -------- Original Message --------
> Subject: Re: Jefferson and information
> Date: Wed, 14 Jan 2004 17:23:59 -0500
> From: "Elaine P. Whelan" <epwhelan@xxxxxxxxxxxxxx>
> To: jesposito@xxxxxxxxxxxx
> CC: digital-copyrights@xxxxxxxxxxxxxx
> References: 
> <5E97CE2DFA48BB4CA2DAA847F1A6E4BD575517@xxxxxxxxxxxxxxxxxxxxxxxxx>
> 
> 
> 
> Hello Joseph...My research into Jefferson's views found that although
> he 
> was originally against copyrights (then called monopolies), he came
> to 
> the conclusion that a balance was needed so that creative works and 
> inventions for the benefit of society would continue.   This
> developed 
> in his correspondences with James Madison when the U.S. Constitution
> was 
> being written.  My book on our landmark U.S. Supreme Court decision 
> (Whelan v. Jaslow) on the use of copyrights to protect computer
> software 
> covers this.  If you would like to have a complimentary copy, send a 
> mailing address.   It can also be found at the Copyrights Promote 
> Creativity Project's website www.promotecopyrights.com and at 
> amazon.com.   It's title is My Mom's Making History--The Story of 
> Computer Software, Copyrights and Creativity.    
> 
> The purpose of our project is to develop education for students (and 
>  hopefully adults) on the history and purpose of copyrights.   We are
> glad to know someone  understands the concepts and is willing to
> speak 
> out.     Elaine P. Whelan      
> 
> jesposito wrote:
> 
> >Regarding the recent posting of a URL which leads to a Web site that
> >purports to summarize Jefferson's view of intellectual property, it
> is
> >probably useful to say, for the umpteenth time, that ideas cannot be
> >copyrighted.  Copyright only reaches to the tangible expression of
> >ideas.  The notion that copyright interferes with the free flow of
> ideas
> >is a little bit like saying that seat belts interfere with the free
> flow
> >of traffic.  There is much that is bad about copyright law (current
> and
> >proposed), but preventing the free flow of ideas is not among them.
> >
> >Joseph J. Esposito
> >
> >--------------------------------------------------------------------
> -
> >You are subscribed as: epwhelan@xxxxxxxxxxxxxx
> >To unsubscribe, go to:
> http://lists.umuc.edu/unsub.php/digital-copyright/epwhelan@netcarrier
> .com
> >or e-mail: 
> >
> >
> >
> >  
> >
> 
> ---------------------------------------------------------------------
> You are subscribed as: seth.johnson@xxxxxxxxxxxxxxxxxxxxxxx
> To unsubscribe, go to:
> http://lists.umuc.edu/unsub.php/digital-copyright/seth.johnson@realme
> asures.dyndns.org
> or e-mail:
> <mailto:digital-copyright-unsubscribe-seth.johnson=realmeasures.dyndn
> s.org@xxxxxxxxxxxxxx>
>