Re: More Re: ELDRED

On Fri, 24 Jan 2003 sstouden[_at_]thelinks.com wrote:
>
> would care to explain
> "..there are no first amendment rights to use the copyrighted works of
> others." and " copyright does not impermissibly restrict free speech"
> to me.
>
> What first amendment rights are needed to use copyrighted works?
>
>
> what is permissible? seems to they say.. there is a permission to
> restrict free speech?
>
> Where is that permission?

Take some time reading Part III in majority's opinion which is located on pages 34 to 37 in the slip opinion.

According to them, the First Amendment and copyright do not eliminate each other. You cannot use the First Amendment to eliminate copyright (that is, use copyrighted works freely). At the same time, you cannot use copyright to eliminate the First Amendment (that is, forbid free speech). How is this possible? Through two means: 1) Idea and expression dichotomy. 2) Fair Use.

In the former, you can always express ideas that are found anywhere freely in your own words but you cannot use copyrighted expressions that are not yours. In the latter, you can use or copy copyrighted expressions that are not yours in some circumstances that satisfy the criteria for the Fair Use.

In light of that view, DMCA is becoming more problematic because it is attempting to eliminate the Fair Use which in turn restricts free speech. So is Digital Rights Management (DRM).

Joseph Pietro Riolo
<riolo[_at_]voicenet.com>

Number of days left until 1-1-2019 when all knowledge of 1923 in the land of the U.S.A. will be freed from their copyright owners' prisons: 5,817

Public domain notice: I put all of my expressions in this post in the public domain. Received on Mon Jan 27 2003 - 22:34:48 GMT