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Posted by PTravel on 02/07/07 18:50
"Bill" <trash@chromehorse.net> wrote in message
news:HLydnS2nFJlob1TYnZ2dnUVZ_segnZ2d@golden.net...
> Which fact do I have wrong?
I told you -- you keep mixing up ideas, which are not protectable, with the
expression of ideas, which are.
>
> With all due respect-- and I do respect your expertise as a lawyer-- I
> think you missed the part where I said I'm not talking about the law--
> but about what a reasonable person might regard as "copying" or
> "stealing". My point is that culture is enlivened in a healthy sense by a
> degree of cross-pollination and appropriation of artifacts of popular
> culture, and an excessive attitude of protection can inhibit the
> development of creative and interesting works.
And this is exactly what I mean. The examples you gave do not involve
"stealing," either in the legal or colloquial sense. They are also
specifically privileged under law for exactly the reason that you've
described above.
>
> Where I did say something about the law, I agreed with you. My examples
> were illustrations of how some stealing is always allowed, and you made it
> an issue of semantics by pointing out that the correct word could have
> been something like "appropriate" (as a verb) or "borrow" or "reuse"
> instead. Point taken.
"Stealing," both colloquially and legally, means taking something that's not
yours. Ideas belong to everyone, and everyone is free to use them. That's
not stealing.
You folded your argument about stealing into a discussion about DRM and
iPods and the like. Using protected expression outside the confines of the
license is not, in any way, the same thing as using freely available
concepts from the universal marketplace of ideas. The fact that you can do
the latter doesn't justify the former -- they're completely different
activities.
>
>
> PTravel wrote:
>> "Bill" <trash@chromehorse.net> wrote in message
>> news:2NSdnZHeNfzEflXYnZ2dnUVZ_rSjnZ2d@golden.net...
>>
>>>I'm not mistaken. I'm not speaking as a lawyer about the law. You are,
>>>and I'm happy to leave you to it. (Which is not so say that citizens
>>>don't have a right to have an opinion about the law.)
>>
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