On CHOW: How to brine your holiday turkey
BNET Business Network:
BNET
TechRepublic
ZDNet
TalkBack 12 of 38:
Next »
« Previous
Not exactly true, bitty
>>> If you want to change the law, talk to Congress, courts don't make the laws.<<<

Not true at all, bitty, actually. Courts make law all the time. It called common law.

The Court also rules on the constitutionality of laws Congress enacts. From time to time the Court makes a bad ruling. Eventually they will overturn their decision. It's happened many times.

"Separate but equal" was overturned.
"Federal courts use Federal Common Law" was overturned.

Excessive long copyrights will be overturned. The very wording of The Constitution makes the law unconstitutional. The Constitution says "authors and inventors". It does not say anything about their children, grandchildren and great-grandchildren. The current law provides the monopoly to authors, their children, their grandchildren, etc. It is a bad ruling that will be corrected.

It is contradictory to claim you support the current law and support "IP" rights at the same time. Tell me, how many of Disney's biggest movies were original stories? Snow White? No. Robin Hood? No. The Lion King? No.

It is a good thing that the current laws were not in effect when Disney made their movies, huh? If these stories had not been public domain then Disney would be the infringer.

It's clear that you have a very difficult time grasping legal principles. You cannot seem to understand infringement is not theft. You certainly know nothing of the history of patents and copyrights in England for if did then you would know the reason for the short terms was in response to the ridiculously long patent and copyright term in English law. The people that wrote The Constitution had the advantage of knowing the English laws. That's the reason for the original terms. Odd how they original laws seemed to be adequate for over two centuries then, suddenly, they had to be changed. The same thing that happened in England. The only purpose it served was to stifle innovation.

I know its a waste of time attempting to explain anything to you. Your simplistic, black and white view of the world precludes any meaningful understanding of abstract principles in your simple universe. Fortunately, more than you will read this. Perhaps some will be interested enough to read the historical record to see the harm caused by such unrealistic terms. I know you will not. In other threads I've seen you post what were obviously deliberate untruths to argue your point. Of course, as usual, when pressed for details you were unable to provide any. Gee, I'm shocked.
Posted by: AmusedAtItAll   Posted on: 11/27/04 You are currently: a Guest | Members login | Terms of Use

Alert moderator to an offensive message

Subscribe to this discussion via Email or RSS

When will they ever learn...  No_Ax_to_Grind | 11/24/04
What's that have to do keeping hands off?  voska | 11/24/04
Not when they want to publish out of date works.  No_Ax_to_Grind | 11/24/04
If the works are archived, they're available.  Anton Philidor | 11/24/04
The answer is easy...  No_Ax_to_Grind | 11/24/04
Yes, but...  John L. Ries | 11/24/04
my library archives newspapers and allows the public to see them  JasonL31 | 11/26/04
I'd say it depends on the reasons  voska | 11/25/04
C'mon man, stay on topic!  BitTwiddler | 11/24/04
Hmmm, you are the only one that said thief.  No_Ax_to_Grind | 11/24/04
HAHA! Good one! (NT)  NonZealot | 11/24/04
Not exactly true, bitty  AmusedAtItAll | 11/27/04
My Goodness Bitty...  eulagree | 11/29/04
The interesting issue: when should copyright lapse?  Anton Philidor | 11/24/04
I agree on reform for the length.  No_Ax_to_Grind | 11/24/04
true  JasonL31 | 11/26/04
Make it an economic decision...  Root User | 11/24/04
Why so complicated?  Anton Philidor | 11/24/04
..because the Public Domain is where all ideas end up  Root User | 11/24/04
Stop right there!!!!  No_Ax_to_Grind | 11/25/04
Copy? Who says anything about copying?  Root User | 11/25/04
Excellent points  voska | 11/25/04
Voska, you might think about...  Anton Philidor | 11/25/04
Re: Voska, you might think about...  Root User | 11/25/04
I oversimplified.  Anton Philidor | 11/25/04
Only one real problem with this  bidemytime | 11/29/04
LoL.  ParadigmOdyssey | 11/29/04
Simple  bidemytime | 11/29/04
Interesting that ths was even tried  John L. Ries | 11/24/04
well duh  JasonL31 | 11/25/04
Somethning very interesting in these posts.  No_Ax_to_Grind | 11/25/04
I'm not against the idea of software patents  voska | 11/25/04
I don't think it is always as simple as that.  enduser_z | 11/25/04
Not destroyed, exactly..  Patrick Jones | 11/25/04
Strawman  John L. Ries | 11/25/04
bitty's own medicine  AmusedAtItAll | 11/27/04
Article about patents, but pertains here, too  AbsolutelyNot | 11/26/04
Probably Erroneous.  ParadigmOdyssey | 11/28/04

What do you think?

SponsoredWhite Papers, Webcasts, and Downloads

advertisement
advertisement

SmartPlanet

Click Here