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Re: Barriers to an ASP loophole closure

Jeremy Hankins <nowan@nowan.org> writes:

> tb@becket.net (Thomas Bushnell, BSG) writes:
> > Jeremy Hankins <nowan@nowan.org> writes:
> >> But I'm not yet clear what your argument for that is.  On the face
> >> of it, attaching it to use makes more sense, since who the
> >> possessor of a copy is is really a technical detail that can be
> >> changed or made unclear via technical means (e.g., ASP).
> >
> > The argument is simple.  Making a new possessor of a copy requires
> > *copying*, and is a legitimate thing for copyright to control.
> > Adding a new user does not necessarily involve copying, and it is
> > not legitimate for copyright to control this.
> My understanding (IANAL, etc) is that public performance could cover
> this sort of thing (the problem would be scaling it back to cover only
> what we want it to).  Are you simply objecting to that on principle,
> or is there some reason people shouldn't or couldn't do that?

I don't think there's any reason to think that constitutes public
performance.  Is there *any* case law?  

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