[nylug-talk] the DMCA is not all bad

[Kevin Mark]

Perhaps I missed something. Did you actually go to court? Was the DMCA
used in your defense? Or did you just THREATEN to use it.
-K
On Fri, 2003-05-02 at 03:06, joe wrote:
> At 11:40 PM 5/1/2003 -0400, Michael wrote:
> >  The big problem with that clause is that it can be manipulated to turn
> >completely unoriginal concepts into instant patents, which carry the
> >weight of criminal prosecution.
> 
> Maybe I am misunderstanding what you are saying and if I am, I apologize. 
> But if I read you correctly, I think you may not be aware of what is 
> copyrightable and when. (BTW, patents and copyrights are totally different 
> - patents are not covered, or even mentioned, by the DMCA,)
> 
> Given that it is a government document, there is a surprisingly lucid and 
> jargon free explanation of copyright on the official web site at 
> http://www.loc.gov/copyright/. - and a very nicely done web site it is, too.
> 
> My point is that to be copyrightable a work must be both original and 
> expressed. Concepts cannot be copyrighted. Old stuff or derivative stuff 
> cannot be copyrighted. And there is no manipulation. Copyright starts from 
> the moment the work is expressed in a fixed medium (paper, stone, film 
> emulsion, recording, video and magnetic or laser readable disk.)
> 
> Referring to the DMCA, you said . . .
> 
> >It has not once been used in a case
> >where someone's copyright was actually threatened.
> 
> I don't care about threats of copyright abuse. But I do care about actual 
> abuse. Please read my earlier posts in which I named names. I did that with 
> the deliberate purpose of giving real world examples of how I, a copyright 
> holder, used DMCA to stop actual theft of my  work. I have reason to belive 
> there have been others before and since my uses of it.
> 
> Joe
> 
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-- 
Kevin Mark <kmark at pipeline.com>
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