Dan Bull: Censored By Copyright For Protesting Being Censored By Copyright
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[1] http://www.techdirt.com/articles/20111209/14234917026/univer...
[2] https://torrentfreak.com/megaupload-video-reinstated-univers...
BMG made a claim on Obama's singing in a political ad.
I'm all for laws being applied strictly to politicians who have the power to challenge them or change them. YouTube's fair use defense can only kick in in ten days. It does show the DMCA is not compatible with free speech, and if anyone cared about that, the argument would be easier to make than in the Citizens United case.
sigh
Seriously, if you're going to add stuff like this to a website, PLEASE make sure it does not turn your site into a big white blank page if anything goes wrong. The only way I could view the site was to install Facebook Disconnect.
If I want a movie, its easy to get. If I want a CD of music or a song, its easy to get. If I want a program for my OS, its easy to get.
If I dont want to pay any money for said virtual goods, they're still easy to get.
And we are now, at a decent clip, adding 3d physical goods to the market of 'easy to get'.
What's part of the constitution is congress' ability to create copyright or patent laws. There's absolutely no imperative to have these laws, and as others have pointed out, there was opposition against this power from several founding fathers, including Thomas Jefferson.
It strikes me as either uninformed or dishonest to assert/imply that copyright is a constitutionally granted right.
1. Require other private citizens to listen to you, or agree with you
2. Require private corporations to broadcast your work or otherwise expend resources to make it available.
3. Give you free license to republish other people's work.
I mean, suppose I were to collect all of your Hacker News comments and publish them as "The Collected Works of Bediger4000" without your permission and without compensating you. Do you believe that should be protected as free speech?
As far as my belief goes, yes, you (and whoever would like to) should collect all of my Hacker News comments, and republish them as widely as possible. I personally don't believe in the legitimacy of the concept of "intellectual property". Independent invention pretty much negates "intellectual property" in my viewpoint, but I also believe that the harm of keeping other people from doing things outweighs any benefits society (or individuals) get from squelching some arbitrary expression.
So, collect and publish away! I still have my ideas, and when you distribute them so will many, many others! We all win!
"I mean, suppose I were to collect all of your Hacker News comments and publish them as "The Collected Works of imgabe" without your permission and without compensating you. Do you believe that should be protected as free speech?"
But also, what's the harm? imgabe will be discovered as a fraud, when he/she/it/them can't produce any more instantly viral, utterly quotable 3-sentence analyses of difficult situations. Or when someone tries to look up a phrase in Google.
imgabe is not bediger4000. I have a natural monopoly on the witticisms of bediger4000.
When Don Imus was suspended by his employer for talking about nappy-headed hos on national radio, it wasn't a violation of Imus's free speech rights.
YouTube channels seem designed more for people who want to make money from pageviews than for people who want to make righteous stands for free speech. It seems up until very recently he liked that arrangement, but now he finds out that there's no free lunch.
If I want, I can write my own novel about cloning dinosaurs. I cannot simply reprint Jurassic Park without permission.
You're begging the question.
The Universal Declaration of Human Rights, Article 19, makes no mention of originality:
"Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers."
Intellectual monopoly seems inevitably basically in conflict with that. It is only possibly justifiable as a pragmatic exception.
If you want to recreate his entire speech (or mostly his speech), you would indeed need to get his permission. Or that of his estate.
If King wished to give his speech away, it was entirely his right and prerogative to do so. For the instances that I am aware of, he did not. In fact, King published and sold many of his speeches via vinyl record.
You are allowed to have your own opinions and talk about them. Pretending that seeding The Avengers is you expressing your opinion doesn't really fool anyone.
I'm a little young to remember, but wouldn't most of the civil rights rallies been "open to the public"? Even if King gave away his opinions as a sermon to his church, I'd bet that attendance was open to anyone who cared to go.
Isn't public oratory (a.k.a. "speeches") the most flagrant manner of "giving his speech away"?
Shouldn't the question be reversed: if King wanted to sell his opinions, shouldn't he have avoided public oratory in which he gave away those opinions without getting an NDA or some other kind of license agreement with the attendees?
Are Paul Simon's songs in the public domain because he did a concert in Central Park? (No.)
"I Have a Dream" is definitely owned by King's estate. King actively registered the copyright on it. This wasn't an accident. There is no doubt he wanted to keep on owning it.