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Re: CLUEBAT: copyrights, infringement, violations, and legality

On Wed, Jan 29, 2003 at 10:03:02AM +0000, Edmund GRIMLEY EVANS wrote:
> Branden Robinson <branden@debian.org>:
> >     The Universal Declaration of Human
> >   Rights[0], adopted by the United Nations in 1948, lists many other
> >   rights commonly thought of as "natural rights" or "civil rights".
> >   You'll note that the terms "copyright", "trademark", and "patent" do
> >   not even appear in this document.  That's no accident.
> However, Article 27 contains a part that could easily be interpreted
> as referring to copyright and patents:
>   (2) Everyone has the right to the protection of the moral and
>   material interests resulting from any scientific, literary or
>   artistic production of which he is the author.
> I would be happy to see that part removed, obviously.

Yes, someone else pointed that out to me in private mail; I carelessly
overlooked it, and I'll admit that justifying my arguments in the
context of non-U.S. law and tradition was an afterthought.  I guess I
should just stick my parochial viewpoint and not so hurriedly try to
universalize it.  :)

I however, I do think this observation is not as destructive to my
argument as one may at first think.  The terms "copyright", "trademark",
and "patent" really *DON'T* appear in the UDHR -- I wasn't wrong about

Perhaps we need to be thinking about alternative ways to uphold the
"protection of the moral and material interests resulting
from...scientific, literary or artistic production[s]"?

Surely existing copyright, trademark, and patent regimes, to say nothing
of "work-for-hire", "paracopyright", and "trade secret" concepts, are
not the only ways to give Article 27 force and meaning.

In other words, I don't think it *necessarily* follows from Article 27
that we must have a global oligarchic hegemony of media corporations
dictating to us what we shall and shall not read, watch, perceive,
write, and share with our fellow human being.

G. Branden Robinson                |    I just wanted to see what it looked
Debian GNU/Linux                   |    like in a spotlight.
branden@debian.org                 |    -- Jim Morrison
http://people.debian.org/~branden/ |

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