Re: ASCAP Assails Free-Culture, Digital-Rights Groups

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On Thursday 15 July 2010 19:50:31 you wrote:
> On Thu, Jul 15, 2010 at 6:25 PM, drew Roberts <zotz@xxxxxxxxxxx> wrote:
> > On Thursday 15 July 2010 14:50:20 you wrote:
> >> surely its not that dichotomous. one middle ground:
> >>
> >> * don't force support against anyone's will
> >> * use extreme force against anyone who redistributes (i.e. the creator
> >>      is the only legal distributor)
> >
> > That's the problem right there. You can't even prove damages and yet you
> > think "extreme force" will be necessary to get people to comply.
>
> i was being partly tongue in cheek, naturally.
>
> > Seriously, shall we have the death penalty for distributors? What about
> > for performers? What about for unintentional performers?
> >
> > If not the death penalty, what about 4 or 5 years in jail?
>
> IF copyright was restricted to the creator AND limited in duration to
> a single-digit number of years AND utterly non-transferable (even to
> next-of-kin) AND intent had to proven THEN i'd say that maybe 6 months
> or a year in jail, with options for first offenses and/or parole
> and/or scope of damages affecting the sentence?

And why does it *have* to be criminal? Why not civil with proof of damages? (I 
could easily live with what you state above as it is way better than what we 
have here now and I am having to live with that.
>
> unintentional distribution and/or performance is a hard case that,
> like so many other gray areas, would have to be decided by a court.
>
> then of course is the question of what constitutes distribution or
> performance, but these questions exist in the current state of affairs
> and will always represent some kind of tradeoff. 5 seconds? 2 bars?
> chord changes but not melody, or vice versa? 2 lines of lyrics? etc.
> etc.

And what of works that built on the public domain? How about only totally new 
works being able to get such protection?

Not to talk of things people come up with that are not protected by copyright 
but could be except for arbitrary rules. And if this is seen a a right rather 
than a grant of privilege, this is a serious issue.

all the best,

drew
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