[linux-elitists] California Copyleft Research Initiative of 2001

Brooklyn Linux Solutions CEO ruben@mrbrklyn.com
Wed Jul 4 12:21:06 PDT 2001


> 
> > 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.


Hi Rick

I wanted to quote this little peice of Slashdot:
I think it clearifies my position about Public Domain and
copyright in the law.


http://slashdot.org/article.pl?sid=01/07/04/0026226&mode=thread


Vaidhyanathan writes: Copyright was created as a policy that balanced the interests of authors, publishers, and readers.
 It was not intended to be a restrictive property right. 

 This is slightly misleading, since it doesn't make clear the difference between means and ends. The means of copyright are
 limited monopoly privileges, and these privileges are sometimes reasonably thought of as balancing various interests. The
 end, or goal, of copyright, is to enlarge the public domain. There is no need for "balance"; the public interest in having an
 expanding public domain is paramount. The means of copyright might balance interests, but they must always be
 consistent with the ultimate goal of enlarging the public domain.

 Vaidhyanathan writes: James Madison, who introduced the copyright and patent clause to the Constitution, argued in The
 Federalist papers that copyright was one of those few acts of government in which the ?public good fully coincides with
 the claims of individuals.? 

 Madison's remarks in The Federalist Number 43 are actually misleading, and don't accurately refelect his thinking on
 matters of copyright and patent. His essay (never published in his lifetime) entitled "Monopolies. Perpetuities.
 Corporations. Ecclesiastical Endowments" is a better source for his ideas on these matters.



Ruben



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