[linux-elitists] slashdot noice

Brooklyn Linux Solutions CEO ruben@mrbrklyn.com
Thu May 10 15:29:08 PDT 2001


||According to the letter of the law, distributing a 
       tool (and, according to Kaplan, linking to a distributor) is
illegal, although writing your own tool is not.|| 

 That was basically what Bender said, who is a Law professor at NYU who was
interviewed in the Village Voice. The letter of the law is
 unconstitutional because the restriction of access can not be cleaved from
the copyright restrictions of an item. Any license which restricts the
 access to a copyrighted material illegally restricts the purchaser of
their inalianable constitutional rights by illegally extending copyright. 

 In other words the Jugde is saying that Fair Use is different from legal
non-infringing uses. The Lawyer should have said, - no - Fair Use IS ALL
 non-infringing uses, and small quotes of text from the press is only one
example of that protection which happens to be handled in case law. The
 presumtion of the Constitution is that, as property, all rights not
expressly given to the copyright holder remains the inalianalbe rights of
 public. And Congress can not extend those rights without a Constitutional

 Fair Use - is the key too all our political freedoms. The word copyright
should not be used. The word Monopoly should replace it. 

 or Copyright Monopoly 

Brooklyn Linux Solutions


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