Subject: Re: DRM-incompatible licenses
From: Seth Johnson <>
Date: Wed, 05 Apr 2006 04:45:50 -0400

Seth Johnson wrote:
> "Stephen J. Turnbull" wrote:
> >
> > >>>>> "Seth" == Seth Johnson <> writes:
> >
> >     Seth> "Stephen J. Turnbull" wrote:
> >
> >     >> As I understand it, fair use is not a positive right,
> >     >> prohibiting DRM.  It is a negative right, ie, a limitation on
> >     >> the degree to which the copyright owner may use the courts to
> >     >> impose restrictions.  It doesn't say that the copyright owner
> >     >> must enable fair use copying, nor what the quality of those
> >     >> copies should be.  (Eg, take a screen shot rather than copy the
> >     >> PNG, analog rather than digital copies of music, etc.)
> >
> >     Seth> Actually, in the U.S. statutes, the author's exclusive
> >     Seth> rights are stipulated as being "subject to" the other
> >     Seth> provisions for first sale, fair use, etc.
> >
> >     Seth> So while the fair use provision is written in such a way as
> >     Seth> to look like a loopy sort of exception to copyright, it's
> >     Seth> actually the other way around.
> >
> > How does that differ from what I wrote?  There still is no positive
> > right to copy, except that of the author.  In the absence of
> > copyright, there is the freedom to do so, but nobody is required to
> > help you.
> In short, almost every word you write here is the inverse of what
> I said.  There are the inverse of what is acceptable in a free
> society, I might add.
> Copyright is an "exception" to the freedom to use published
> information.
> I need no "positive" right to use (and copy) the factual elements
> of a published copyrighted work.

. . . and "fair use" is essentially a set of considerations that
cover instances when I might make use original expression.

I hope I am understanding what you mean by "positive" and
"negative" rights.  I take it, perhaps erroneously, that you mean
one needs to "positively" be given a "positive" right in order to
exercise such a right.



RIAA is the RISK!  Our NET is P2P!

DRM is Theft!  We are the Stakeholders!

New Yorkers for Fair Use

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