[free-sklyarov] Wretched article at inside.com

Jon O . jono at microshaft.org
Sat Aug 4 19:16:45 PDT 2001

On 04-Aug-2001, Mark K. Bilbo wrote:
> 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.

Check out this comment on InfoAnarchy:


haque convention:
the key point being that this renders WIPO somewhat moot, as all signatories would be agreeing to enforce one another's laws, without need for seperate treaties for any particular issue. Sklyarov's case is a foreshadowing of a nightmare scenario in which we can become guilty of laws passed in any country, without ever leaving home, and have them be enforced by our own governements. Not only would this effectively end national soveriegnty, but any sort of pretense at democratic representation as well. 

More information about the Free-sklyarov mailing list