[free-sklyarov] [declan@well.com: FC: Is Rep. Boucher's online-music licensing bill constitutional?]

[Karsten M. Self]

on Wed, Sep 12, 2001 at 12:22:25PM -0400, Seth Finkelstein (sethf at sethf.com) wrote:
> On Mon, Sep 10, 2001 at 05:19:01PM -0700, Karsten M. Self wrote:
> > Read.
> 
> 	Well, if we're also on the topic of the harmful effects of 
> Libertarian proselytizing, the following message is good reading
> too. It's extensively researched, from someone who *is* a lawyer.

Thanks, Seth.  I'm aware that the essay posted had a number of serious
flaws to it.  The response you post is a good one.

My concern was floating the opposition's arguments such that they might
be rebutted.

> 	I love the concluding paragraph:
> 
>   "You've really got to be more skeptical, Declan, about these
>   Libertarian fringe groups and their penchant for calling for
>   activist judicial intervention into the proper functioning of the
>   Congressionally-created and regulated marketplace for works subject
>   to copyright."

Touché.

> http://groups.yahoo.com/group/cyberia-l/message/37645
> 
>   Date: Mon, 10 Sep 2001 21:56:53 EDT
>   To: CYBERIA-L at LISTSERV.AOL.COM
>   From: "Eric C. Grimm" <ericgrimm at MEDIAONE.NET>
>   Subject: Re: Is Rep. Boucher's online-music licensing bill constitutional?
>   Comments: To: declan at well.com
> 
> It is perhaps a helpful to understand some of the history behind
> compulsory licensing and copyright.  Compulsory licensing has in fact
> been a feature of U.S. copyright law for quite some time now.  Jessica
> Litman chronicles that history quite well in her recent book "Digital
> Copyright."  Another place to look for some of that history is
> Broadcast Music, Inc. v. Columbia Broadcasting System, Inc., 441 U.S.
> 1 (1979).

Actually, the 1909? copyright reform included compulsory licensing as
part of the compromise allowing for music.

> You've really got to be more skeptical, Declan, about these
> Libertarian fringe groups and their penchant for calling for activist
> judicial intervention into the proper functioning of the
> Congressionally-created and regulated marketplace for works subject to
> copyright.

I suspect Declan is, like me, skeptical.  Actually, I suspect he's
incredulous at the audacity and general poor quality of the arguments.

> Eric C. Grimm
> CyberBrief, PLC
> 320 South Main Street
> Ann Arbor, MI  48107-7341
> 734.332.4900
> eric.grimm at CyberBrief.net

Peace.

-- 
Karsten M. Self <kmself at ix.netcom.com>          http://kmself.home.netcom.com/

Praying for the victims. 
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