Re: [ox-en] Free as in America
- From: Martin Hardie <auskadi tvcabo.co.mz>
- Date: Fri, 5 Dec 2003 14:55:52 +0200
cc
look here it is from the case, the same sentiments:
ELDRED et al. v. ASHCROFT, ATTORNEY GENERAL
http://laws.findlaw.com/us/000/01-618.html
Ginsburg, J., delivered the opinion of the Court, in which Rehnquist, C. J.,
and O'Connor, Scalia, Kennedy, Souter, and Thomas, JJ., joined. Stevens, J.,
and Breyer, J., filed dissenting opinions.
"As we have explained, "[t]he economic philosophy behind the [Copyright]
[C]lause ... is the conviction that encouragement of individual effort by
personal gain is the best way to advance public welfare through the talents
of authors and inventors." Mazer v. Stein, 347 U. S. 201, 219 (1954).
Accordingly, "copyright law celebrates the profit motive, recognizing that
the incentive to profit from the exploitation of copyrights will redound to
the public benefit by resulting in the proliferation of knowledge... . The
profit motive is the engine that ensures the progress of science." American
Geophysical Union v. Texaco Inc., 802 F. Supp. 1, 27 (SDNY 1992), aff'd, 60
F. 3d 913 (CA2 1994). Rewarding authors for their creative labor and
"promot[ing] ... Progress" are thus complementary; as James Madison observed,
in copyright "[t]he public good fully coincides ... with the claims of
individuals." The Federalist No. 43, p. 272 (C. Rossiter ed. 1961). Justice
Breyer's assertion that "copyright statutes must serve public, not private,
ends" post, at 6, similarly misses the mark. The two ends are not mutually
exclusive; copyright law serves public ends by providing individuals with an
incentive to pursue private ones."
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=000&invol=01-618#FR1.18
so if you and McBride are right on one thing -:) - what are we gonna do ...?
keep talking this gringo freedom talk or what?
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