[linux-elitists] Re: pho: Tonight on Disney

Karsten M. Self kmself@ix.netcom.com
Mon Oct 22 16:22:52 PDT 2001


on Mon, Oct 22, 2001 at 03:09:10PM -0700, Greg KH (greg@kroah.com) wrote:
> On Mon, Oct 22, 2001 at 05:57:29PM -0400, Brooklyn Linux Solutions CEO wrote:
> > 
> > <<Hey, I've always thought that people swaping copyrighted files on
> > Napster was illegal.>>
> > 
> > Why?
> > 
> > I can lend you my book....
> > give you a copy of my tape.
> 
> /me sighs
> 
> Ok, what I should have said was:
> "I've always thought that people swapping files on Napster against the
> copyright holder's wishes was illegal."

1:  17 USC 107.  AKA Fair Use.

2:  Wind Done Gone ruling:    
http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=11th&navby=case&no=0112200OPN

    As of the 1909 Act, an author had "state common law protection
    [that] persisted until the moment of general publication." Estate of
    Martin Luther King, Jr. v. CBS, Inc., 194 F.3d 1211, 1214 (11th Cir.
    1999).  After the work was published, the author was entitled to
    federal statutory copyright protection if she had complied with
    certain federal requirements (i.e. publication with notice). If not,
    the work was released into the public domain. Id. The system
    illustrates that the author's ownership is in the copyright, and not
    in the work itself, for if the author had an ownership interest in
    the work itself, she would not lose that right if she published the
    book without complying with federal statutory copyright
    requirements. Compliance with the copyright law results in the
    guarantee of copyright to the author for a limited time, but the
    author never owns the work itself. § 202 ("Ownership of a copyright,
    or of any of the exclusive rights under a copyright, is distinct
    from ownership of any material object in which the work is
    embodied.").

Copyright gives a copyright holder certain enumerated rights to
copyright.  These are not manifest as ownership of the work, but of the
copyright, under the 11th Circuit's ruling, highlighted for emphasis:

    The system illustrates that the author's ownership is in the
    copyright, and not in the work itself, for if the author had an
    ownership interest in the work itself, she would not lose that right
    if she published the book without complying with federal statutory
    copyright requirements....[T]he author never owns the work itself.

Unlawful swapping of content, I'll bite.  The rest, no.

Peace.

-- 
Karsten M. Self <kmself@ix.netcom.com>       http://kmself.home.netcom.com/
 What part of "Gestalt" don't you understand?             Home of the brave
  http://gestalt-system.sourceforge.net/                   Land of the free
   Free Dmitry! Boycott Adobe! Repeal the DMCA! http://www.freesklyarov.org
Geek for Hire                     http://kmself.home.netcom.com/resume.html
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