[linux-elitists] California Copyleft Research Initiative of 2001

Rick Moen rick@linuxmafia.com
Sun Jul 1 21:47:36 PDT 2001


begin  Brooklyn Linux Solutions CEO quotation:

> The wording of the Constitution is that Congress HAS the Power to
> issue Copyrights on a limited basis.

Umm... unless and until the Copyright Act gets repealed, that part of
the US Code remains the controlling authority within the USA on where
copyright can exist, for how long, and for what works -- as interpreted
by the courts, of course.

> Therefore, the Public owns EVERYTHING...copyrighted, uncopyrighted etc
> etc etc.

Umm... it's unclear what, if anything, the quoted sentence means -- and
likewise unclear how it follows from your prior one.

> The public can force it's will on Congress tomorrow and elimitate ALL
> copyright ... tomorrow....on the spot.

Well, sure.  Or found a monarchy, for that matter.  

> ...I really don't care what any law says about copyright, the public
> domain, or any other semantics relating to copyright, if it doesn't
> coincide with the above point.

I feel a bit of a louse in suggesting this, but perhaps you were trying
to make some overarching point about the small-r republican basis of the
Federal state?  If so -- OK -- but that doesn't have much to do with the 
meaning in copyright law of the term "public domain".  We'll return to
that, below.

> There is a principle in Judaism that the plain mean of the words can
> not be ignored in the study of a verse.

Chachma!  ;->

> First, everything is in the Public Domain upon it's creation....

Well, all I can say is that, if you use the term in that sense in
general conversation, you'd better clarify that you mean something very
different from what it means in the context of ordinary copyright law.
Because any legal authority (IANALA) will otherwise likely respond
simply "No, it's not."

> It's UnAmerican to be any other way....and I am very patriotic on the
> 4th of July.

Well, on Canada Day, anyhow.  ;->

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