[free-sklyarov] What I'd like to see: fixing DMCA and IP

[Jeme A Brelin]

On 23 Aug 2001, Stephen R. Savitzky wrote:
> I'd like to see it made illegal to sell, distribute, traffic in,
> etc. any file format or software that *prevents* fair use of
> legitimately purchased copyrighted material, that prevents such material
> from reverting to the public domain when its copyright has expired, or
> that restricts in any way the use of public domain material.
> 
>   An appropriate penalty would be that the works so "protected" be
>   forfeited to the public domain.

I've come to a similar conclusion that works like this:

PUBLISHING requires making a work available in a usable format;
documented, standardized, unrestricted by patent, access keys, or
physically scarce devices.

If you publish, you get copyright protection (slightly more of the
public's rights are retained than today, however).

You are free to ALSO distribute in a closed format, but you cannot make an
infringement claim without PROVING that the infringing copies were made
from the "cleartext" work.  That is to say, copies made from
"circumvention" are not infringing.

J.
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     Jeme A Brelin
    jeme at brelin.net
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 [cc] counter-copyright
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