[free-sklyarov] Copyright as a restriction

Jeme A Brelin jeme at brelin.net
Thu Aug 23 14:37:54 PDT 2001

On Thu, 23 Aug 2001, Xcott Craver wrote:
> This reminds me:  if you can get smaller record companies to adopt any
> open license (explicitly allowing fair use copying, not participating
> in fine-grained usage control or putting technological hurdles in the
> music,) "branding" will become a very important issue.  You will want
> every physical CD case, especially ones that make it into actual
> record stores, to have some kind of "FREE AS IN SPEECH" sticker to
> make sure people are aware of the restrictions the Big Boys have.
> This is a bit off topic from alternative distribution methods, tho.  

This is the worst idea I've ever heard.

It is not appropriate to legitimize licensing where purchasing is more
powerful and desirable.

I want to be able to BUY a CD.  I am not "licensing content"... I'm buying
a plastic disc.  It's mine.  I can do with it as I please.  I don't need
special permission to use it in certain ways (except maybe burning it or
pulverizing it or something environmentally damaging that impacts the
future as much as any living person).

We don't need new licenses, we need to stop licensing things that should
be sold.

The only reason they can even pretend you don't have fair use rights is
because they're not selling you a copy, they're licensing the content to

Personally, I think work that is only licensed and never sold (like prints
of movies in theatrical release, most commercial software, and
ebooks) shouldn't be granted any kind of copyright at all because they're
not published.  Why should we give you copyright if you don't make copies
available to the public?  You want us to protect your interests but you're
doing nothing to benefit the public writ large.

> From what I've read, the only way to cheaply make music available is
> to completely avoid avoid traditional distribution and advertizing,
> i.e. record stores and radio stations.

Pretty much.  There's a premium that goes along with doing business with
the media conglomerates (and pretty much all the radio stations, music
distributors, and record stores are owned by one of six global corporate

I would say, though, that the best of the music world is far outside the
corporate strangle-hold and will stay there.

You're not going to have an Olivia Tremor Control on Warner Records.

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

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