[ox-en] Re: GPL Restrictive And Primacy of Contract
- From: "auskadi" <auskadi tvcabo.co.mz>
- Date: Fri, 14 Nov 2003 09:33:04 +0200
Could this be turned in to a Freedom of Speech issue in the U.S.A. ?
You see here is my problem, or maybe our problem. Wea re lookign for answers
within the liberal US framework but the more I delve into capital L Law in
the US, in its late 19th century variants (the golden age of capital
expanison) and its current variants (the golden age of expansion of 3rd
capitalism) Contract and Property is far more important than rights such as
freedom of speech or social/public good. If Eldred v Ashcoft tells us
anything it is this. That is why I think Lessig etc re barking up the wrong
tree if they think they can win that argument. They can go on about the
founding fathers, liberty and free speech but they will be answered with
founding fathers liberty, property and contract. you can discern this
tendency I believe in the US Supreme Court and in international/financial
and legal institutions. This blind faith in the primacy of contrcat and
property and the "free" market: Remember the ideologues here really believe
they are bringing freedom to the world by making them free to consume ...
and what use is freedom of speech when property rights make it emaningless -
on another tangent witness the recent stuff about electronic voting in the
US. The electoral process is or may be beholden to property rights to such a
degree that any fault (ie failing of democracy - Florida 2000 was just the
start) in the system is impossible to rectify.