[free-sklyarov] The New Constitution

Chris Savage chris.savage at crblaw.com
Mon Jul 23 06:25:50 PDT 2001


> -----Original Message-----
> From: Jon O . [mailto:jono at microshaft.org]
> Sent: Sunday, July 22, 2001 8:26 PM
> To: vadim
> Cc: free-sklyarov at zork.net
> Subject: [free-sklyarov] The New Constitution
> 
> 
> 
> The DMCA is derived from the WIPO - World Intellectual 
> Property Organization. 
> 
> Someone might want to wite who knows a bit more, but the DMCA 
> was a response to rules enacted by the WIPO. This is part of the whole 
> globalization thing everyone is so pissed about. Look:

As I understand it, this is not quite right.

IANA-copyright-L, but from what I have read, what happened was domestic-US
copyright interests pushed, in the '93-'96 time frame, for much less
consumer-friendly copyright laws; but they were rebuffed.  Then at the WIPO
meetings leading to the treaty, they tried again, but did not get treaty
language to be as non-consumer-friendly as they had hoped (or at all).

But then when the treaty came back to the US for ratification, the copyright
interests said it required some "implementing legislation" (others said that
existing US law was already in compliance with the treaty).  But here the
copyright interests prevailed, and the DMCA got put through as, supposedly,
legislation needed to "implement" a treaty that did not actually require it.

In your copious free time, check out "Digital Copyright" by Jessica Litman
(I got mine via Amazon) for more details.

Chris S.


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