Attention Publishers: Copyright Law Isn't Something Flexible Where You Get To Set The Rules

from the this-again? dept

Wed, Nov 15th 2006 11:48am — Mike Masnick

There's just something about the nature of intellectual property law that seems to make people believe it gives them a lot more power (and flexibility to define their power) than it really does. We see this quite often with bogus trademark claims, but it's often seen with copyrights as well. Last month, we pointed to the case where a website's copyright notice pretended it had the right to prevent fair use just by saying it was so. Now, Michael Geist has noticed that a travel guide he recently purchased has a copyright notice inside that again makes claims about what the owner can do with the book that seem to fall well outside the official limits of copyright -- including things like banning fair use photocopying. It's not even a case where the book publisher is asserting that the book has a separate license. Instead, it claims that these things are forbidden under Canadian (in this case) copyright law -- which they're not. For very good reasons, this upsets Geist, who worries about people and companies who seem to believe they can simply claim what copyright law means when it's much more limited. Of course, in this age when the legal profession and the media keeps talking up the wonders of ever more aggressive intellectual property protection, is it any wonder that this is what we end up with?

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13 Comments

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Anonymous Coward, 15 Nov 2006 @ 11:59am

You may not read this post
It is against my rules for you to read this post. Because I am making my own rules here, I hereby DEMAND 5$ from anyone who does read it in return for a "protection" license. If you choose to not buy into my "protection" license will be sued for 1000x the cost of the cheap 5$ license.
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Xenohacker@hotmail.com, 15 Nov 2006 @ 12:10pm

Just Shoot The Greedy... :-)
Rather than comment on legality I will comment on the motivations of the party pressing for litigation. I feel they have some deep seated hate for photocopiers... LOL If anyone ever sues me over a photocopy I will just shoot them... >:)
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Evil-Pirate Girl, 15 Nov 2006 @ 12:37pm

Re: You may not read this post
Well I read your post and I'm not paying... If you want to sue me, you'll have to catch me first.
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A Photocopier, 15 Nov 2006 @ 12:40pm

Re: Just Shoot The Greedy... :-)
If anyone tries to sue me for photocopying I will just refer them to the English department at my high school... this will solve two problems: 1) The English department will be too busy to place more insane demands and 2) the person or company trying to sue me will be off of my tail...
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nervously 21st Century, 15 Nov 2006 @ 1:29pm

Its the EULA Stupid
The problem started with the retarded decision by Congresss allowing software EULA's to be binding on consumers after they click an "OK" button.

Congress should be forced to change it's decision before the effects spread far and wide and destroy all of civilization, which it is in the process of doing now.

Good luck.
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dataguy, 15 Nov 2006 @ 1:30pm

good question
“is it any wonder that this is what we end up with?”

Where are we going to end up? Will we have to live with our eyes covered at all times? Once you “see” someone’s IP, they are automatically granted a percentage of your income, and your estate, for the privilege of having “enjoyed” the benefit of their IP…

We not greed knows no bounds but does our legal system?
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josh, 15 Nov 2006 @ 1:34pm

$5 license
Where do you want me to send the five dollars? I accidentally already read your post....... :-(
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josh, 15 Nov 2006 @ 1:34pm

$5 license
Where do you want me to send the five dollars? I accidentally already read your post....... :-(
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dennis parrott, 15 Nov 2006 @ 1:47pm

Re: Just Shoot The Greedy... :-)
hmmm... shoot 'em? why not! you would probably do less time for that than making the potocopy the way things are going in this world...

people, we need to take our world back from the greedy heartless bastards who think they've bought it lock, stock and barrel...
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Anonymous Coward, 15 Nov 2006 @ 2:05pm

Re: Its the EULA Stupid
EULA's have been found NON binding in several recent court cases. I'd love to link em all here but I'm computer illiterate so you're gonna have to find em' yourselves.
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Anonymous Coward, 15 Nov 2006 @ 4:12pm

Re: Re: Its the EULA Stupid
And they've been found binding in others
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Ajax 4Hire, 15 Nov 2006 @ 4:36pm

EULA = End User License Agreeement
EULA = End User License Agreeement

A truly egregious concept;
Great for businness;
before entering this restaurant you agree to like the food and service and pay promptly.

A software EULA typically forces you to agree to like the software and prohibits you from making negative comments in the public forum about the software even if the comments are true.

I'd like to say I did not like the tofu burger but then I would be sued by "Tofu Burger & Grazing".
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Anonymous Coward, 15 Nov 2006 @ 11:45pm

By reading this post, you have agreed to pay me $100.00. You are also responsible for tracking me down and making any and all arrangements, including and fees and charges, to pay the money to me. Failure to do so will result in punitive action of becoming an employee of the RIAA and MPAA, with the corresponding drop in IQ, EQ and social status.

Thank you.
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