[free-sklyarov] Re: Fair Use is a Balance?

[Seth Johnson]

Thanks, John, for this very helpful set of definitions.

Seth Johnson
Committee for Independent Technology

John Zulauf wrote:
> 
> I think the observer that highlighted the need to keep the war of words
> off the enemies ground is quite important.
> 
> "Fair use" == (1) "a safety valve allowing the copyright clause to
> remain just barely constitutional in light of the first amendment which
> allow for 'no restrictions'" (2) "the effect of the primacy of
> amendments over the body of the constitution such that to the extent
> that the copyright clause would interfere with freedom of speech, press,
> or religion it is invalidated"
> "copyright" == (1) "the least set of restrictions over property rights
> and free speech needed to promote progress by encouraging authors and
> inventors" (2) "a limited monopoly over the production of copies or the
> manufacture of an invention granted by constitutional expression, and
> not natural law"
> "limited times" == (1) "a phrase interpreted by the authors to include
> only a small portion of a human lifespan -- 14-28 years" (2) "a
> limitation allowing works to return to the public domain while still
> relevant -- thus works known from childhood would be free for use by
> adults within there lifespan"  (3) "a motivation for successful authors
> to continue creating works throughout their careers, preventing a
> 'one-hit sinecure' from demotivating the most valued authors and
> inventors -- see 'sword of damacles'"
> "circumvention" == (1) "a process required to exercise free speech
> through fair use" (2) "the removal of illegal prior restraints on
> speech"
> "rights of a copyright owner" == "the limited set of exclusive rights
> granted to authors for a limited times for the purpose of promoting
> progress"
> "property rights" == "those rights to use fairly, and dispose of through
> resale owned copies of digitial works"
> "intellectual property right" == "an extra-constitutional concept of the
> absolute, unregulated control over both the idea and expression of the
> result of any creative process"
> "digital rights managment" == (1) "the ability to assert arbitrary
> rights to control use and restrain speech through non-party agreements
> and cartels"  (2) "copyright abuse" (3) "invasion of privacy"
> "technical protective measure (1) "pre-first-sale/pre-first-access:
> mechanisms to ensure the equitable exchange of value of rights to fair
> use of one copy of a copyrighted work" (2)
> "post-first-sale/post-first-access: same as digitial rights management
> 1-3"