[free-sklyarov] Wretched article at inside.com

Mark K. Bilbo mark at blorch.org
Sat Aug 4 19:01:00 PDT 2001

On Saturday 04 August 2001 18:03, Jeanne A. E. DeVoto wrote:
> At 5:45 PM -0700 8/4/2001, Jon O . wrote:
> >Also, bear in mind the DMCA came from a treaty with the WIPO. I think
> > someone mentioned this, but just to toss it out again, doesn't this
> > treaty overrule our national laws.
> No. In US law, the Constitution has supremacy over treaties (more
> precisely, over the enabling law that implements a treaty). Treaty
> agreements do not override the Constitution.

But treaties *do become the "supreme law of the land" and can trump other 
laws. They aren't to be entered into lightly.

Given the Founders position on copyright/patents as "property," we shouldn't 
be in WIPO at *all. "IP" is a subversion of democracy. Whatever treaty we 
have under WIPO should be immediately abrogated.

The problem in that treaties may not "trump" the Constitution is that it's up 
to SCOTUS to decide whether the basic rights in the Constitution are being 
violated and they can decide the treaty doesn't *really violate the 
Constution. There are always legalistic ways to dance around that. As the 
DMCA itself does by claiming that "fair use" still exists while outlawing the 
technology to enable fair use.

So they can claim you still *have the right even though you'll be jailed for 
exercizing it.


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