Re: Microsoft finally acknowledges the security drumbeats

From: Marty Fouts (usenet-user@usa.net)
Date: 02/16/02 

From: Marty Fouts <usenet-user@usa.net>
Date: 16 Feb 2002 08:55:44 -0800

srt@nospam.unt.edu writes:

> In comp.security.misc Marty Fouts <usenet-user@usa.net> wrote:
> > srt@nospam.unt.edu writes:
>
> >> The fact that it treats copyright as a sole property right of the
> >> "IP" owners, and not as a balance between the owners and the public,
> >> as established the constitution. They have effectively taken all of
> >> the public's rights away, including the rights of fair use, and
> >> handed them all to the media companies. That is an amazing
> >> perversion of the constitutional notion of copyrights.
>
> > Sorry, but I don't see that. Copyright is an 'exclusive' right of the
> > IP originator, under the US constitution and the DMCA doesn't change
> > that. Even under the DMCA copyright has a time limit (although one
> > that's far too long, IMO.)
>
> No, copyright is not an exclusive right like a property right.

You may wonder why I put the word exclusive in quotes. I put it in
quotes because it is the word used in the US constitution:

     To promote the Progress of Science and useful Arts, by securing
     for limited Times to Authors and Inventors the exclusive Right to
     their respective Writings and Discoveries;

(Article 1, clause 8)

> The rights of copyright holders are explicitly limited.

But not directly by the constitution itself, other than the time limit.

[snip]

You're going to have to find some other reason than exclusivity if you
want a basis for a constitutional challenge to copyright.

Relevant Pages

  • Re: Microsoft finally acknowledges the security drumbeats
    ... >>> The fact that it treats copyright as a sole property right of the ... >>> as established the constitution. ... But not directly by the constitution itself, other than the time limit. ... You're going to have to find some other reason than exclusivity if you ...
    (comp.security.misc)
  • Re: Microsoft finally acknowledges the security drumbeats
    ... > You may wonder why I put the word exclusive in quotes. ... > But not directly by the constitution itself, ... > You're going to have to find some other reason than exclusivity if you ... Science and useful Arts". ...
    (comp.security.misc)
  • Re: Microsoft finally acknowledges the security drumbeats
    ... > You may wonder why I put the word exclusive in quotes. ... > But not directly by the constitution itself, ... > You're going to have to find some other reason than exclusivity if you ... Science and useful Arts". ...
    (comp.security.unix)
  • Re: Microsoft finally acknowledges the security drumbeats
    ... >> But not directly by the constitution itself, ... >> You're going to have to find some other reason than exclusivity if you ... author/inventor *is* what copyright is about, ... which progress is promoted is by enriching the author/inventor. ...
    (comp.security.misc)
  • Re: Microsoft finally acknowledges the security drumbeats
    ... >> But not directly by the constitution itself, ... >> You're going to have to find some other reason than exclusivity if you ... author/inventor *is* what copyright is about, ... which progress is promoted is by enriching the author/inventor. ...
    (comp.security.unix)