[Free-sklyarov-uk] a win for sanity! and free speech

[Julian T J Midgley]

On Tue, 6 Nov 2001, phil hunt wrote:

> However, what the constitution says is: (Art I sec 8 clause 8)
>
>   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;
>
> To me, this allows congress to make laws saying authors have
> the right to control copies of their works; it *doesn't* give
> congress the right to give authors of some works the right to
> control copies of other people's works because the 1st set of
> authors are worried that the works of 2nd set of authors will
> reduce the value of their works.

This sounds like a perfectly sensible piece of reasoning to me (with usual
"Am Not Lawyer" hat firmly on head), and once again demonstrates the value
of consulting the documents concerned before making rash statements about
them on the basis of assumptions (which I'm prone to do, mostly through
lack of time, rather than unwillingness to read them).

> I wonder if the DMCA could be declared unconstitutional on that
> ground?

Honestly don't know - but would love to know what arguments Felten's legal
team are preparing.  Has anyone here been following the progress of the
Felten case (are there any salient dates yet) or fancy doing a quick web
search to find out where it's got to, if not?

Julian

-- 
Julian T. J. Midgley                      http://www.xenoclast.org/
Cambridge, England.                          PGP Key ID: 0xBCC7863F
Beware the European Copyright Directive:  http://uk.eurorights.org/