4 ms·

Yes, judge's should not judge the zeitgeist. I'm confused as to what you mean by "your administration." I'm assuming you assumed I voted for Obama, which I did

Yes, judge's should not judge the zeitgeist. I'm confused as to what you mean by "your administration." I'm assuming you assumed I voted for Obama, which I did not (I also didn't vote for the previous administration as I was not old enough). I would, and believe I could successfully, argue that the interpretation of the law is greatly affected by popular societal conceptions, however. I don't think news needs to become free-gratis for such lawsuits to be thrown out of courts. I'd like to see a system where those without material gain cannot be punished for failing to cite (that doesn't mean I think they shouldn't have to, so much as they shouldn't get in trouble for not doing it, which I understand is effectively saying they don't have to).

pbhjpbhj 15y ago
>what you mean by "your administration." My intended meaning was "The administration in whatever country you reside". The problem with making your test for commercial action simply "financial gain" is that, for example, a large company can kill a smaller one by copying their stuff and giving it away until the smaller company goes out of business. Or, a large number of individuals can copy your stuff and give it away until your company goes out of business. At which point the content creator is removed from the system - the copyists win but at the expense of commercial content creation. In short forcing someone else financial loss is a highly commercial action (and is currently judged that way). This sort of scenario (effective PD or copyzero for consumers) to my mind will only work in a communist environment. We have to be prepared to support content creators from a public purse if we want the established levels of higher quality content to be made. Of course arguments against commercial artistic and craft creation may work too ("we don't need journalists", "we don't need paid musicians", etc.).

pbhjpbhj 15y ago

>what you mean by "your administration." My intended meaning was "The administration in whatever country you reside". The problem with making your test for commercial action simply "financial gain" is that, for example, a large company can kill a smaller one by copying their stuff and giving it away until the smaller company goes out of business. Or, a large number of individuals can copy your stuff and give it away until your company goes out of business. At which point the content creator is removed from the system - the copyists win but at the expense of commercial content creation. In short forcing someone else financial loss is a highly commercial action (and is currently judged that way). This sort of scenario (effective PD or copyzero for consumers) to my mind will only work in a communist environment. We have to be prepared to support content creators from a public purse if we want the established levels of higher quality content to be made. Of course arguments against commercial artistic and craft creation may work too ("we don't need journalists", "we don't need paid musicians", etc.).