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Overreaching Copyright

I don’t know what “Clever WOT” means, but I’ve never asked. Nevertheless, this guy is a law student somewhere who nails copyright issues a lot better than most IP professors.

This is probably one of his better discussions.

With that, I’ll provide you with a reaction I sent out today to the IP Professors’ list serv. to an article written by yet another clueless IP professor.

I have a cousin…. lets just say that he has not lived his life with the greatest attention to the consequences of his decisions – it may be a family trait, but he got the pure gene.

I don’t see him often, but every time I’ve stopped by his house to talk to him, he says (in a beautifully thick New England accent) “Maaack, I got a plan ta get my shit togethah.”

Every time… EVERY time I hear him say that, my heart glows with joy, because I think “hey, maybe he’s actually got a plan, and this is where his life turns around!

He then takes a big toke off of his bong. As he exhales, he always says “First, I win the lottery….

I stop taking him seriously at that point… but it does provide for some amusement. His last idea was to “retire” in Amsterdam on his lottery winnings. That was his “plan.” “just gotta wait til my numbah comes up theah Maaakie boy

My point?

I just read this article, which I thought might have been written by my cousin. But, the photo looks nothing like him. The author either consulted my cousin for some logic help, or she ate too many brownies before writing it. Needless to say, my cousin seems to be more far-sighted than the author.

It’s Time for the Supreme Court’s Sony Betamax Decision to Be Reversed:
The Latest in Online Copyright Infringement– Offering Menus of Links to Illegal Video Copies of Television Shows and Movies

Essentially the article boils down to this penetrating analysis: That websites offering links to other sites that rip off copyrighted material are, themselves, committing copyright infringement. “In sum, the video guerillas are engaging in blatant contributory infringement — and that justifies shutting down their sites.” Yes, we’re back to that “linking is a crime” garbage.

To her credit, she does finally suggest that the copyright monopoly industry should create fences and alarms on their works. So, at least she’s not suggesting wholesale warfare on linking as the only way of protecting the industry.

But, then right when you think “ok, this article is shilling for the studios, but it does come around to making some sense” … right at that moment, I hear (gurgle gurgle gurgle…. First, I win the lottery……).

This makes my cousin seem as lucid as Brandeis:

After all, we will not have creative and original works of art – such as television shows and movies worthy of copying — unless those investing in them can ensure a return on their investment. Moreover, “fences,” “alarms,” and tracking devices have important side-benefits, too: They can be used to protect our children, prevent predation or catch predators, and shut down child-accessible pornography sites. The copyright industry has an opportunity here to protect its own wealth, which is the American way, but in so doing, it can also contribute to the greater safety of every American.

Lovely post-9/11 argumentation – now protecting copyright has a “protect the children” angle.

(gurgle gurgle gurgle…. Protecting profits is protecting children……).

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