[free-sklyarov] Re: He's free....

Jimmy Alderson jimmy at underthestairs.com
Tue Jul 24 21:23:45 PDT 2001


 "That ideas should spread from one to another over the globe, for the moral and mutual instruction of man, and improvement of his condition, seems to have been peculiarly and benevolently designed by nature, when she made them , like fire, expansible over all space, without lessening their density at any point, and like the air in which we breathe, move, and have our physical being, incapable of confinement or exclusive appropriation.  Inventions then cannot, in nature, be a subject of property."  -Thomas Jefferson


----- Original Message ----- 
From: Jason H Clouse <jhclouse at juno.com>
To: <free-sklyarov at zork.net>
Sent: Wednesday, July 25, 2001 12:02 AM
Subject: Re: [free-sklyarov] Re: He's free....


> <<Much of what you say is an opinion about what the law ought to be.>>
> 
> Kind of depends on what you mean.  The fact of the matter is that any law
> passed by the national legislature that addresses Copyright or Patent in
> this manner is in violation of the Constitution by exceeding the
> enumerated powers.  Congress was only given permission to pass laws
> granting a time-limited monopoly right to authors and inventors and NOT
> to grant a property right in this matter.  Furthermore, *ownership* of
> the expression of ideas is a patently (if you'll pardon the pun) silly
> notion.  BTW, I'm a musician--I definitely stand to gain from the
> ownership of expression; but not much more than I do from a limited
> monopoly right.
> 
> <<Western jurisprudence does now and has long recognized intangible
> property.>>
> 
> Certainly this matter is heavily based on who you talk to.  I can't see
> any sensible reason to consider intangibles to be property. 
> Nevertheless, if you have any good arguments for it I'd certainly be
> willing to hear them.
> 
> <<There are enough good arguments against this entire proceeding; leave
> the unsupportable arguments for the other side.>>
> 
> Agreed.
> 
> J
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