DRM Must Die

09/17/2016 § Leave a comment

shock

What the hell is up with DRM and Copyright? This is a screen cap of a book available in e format from Amazon. That’s great. My problem: the book is 800 YEARS OLD. How is it POSSIBLE to claim any kind of rights on a work that’s been in the public domain for 720 years?

My understanding of copyright and digital rights, a derivative law, in America (no, I’m not going to become an expert in world copyright law), is that a work is considered to be in the public domain after 80 years. If no one comes forward to contest the conversion (which is the loophole that the Disney Company uses to keep tight, butt-clenched tighter than a 500 ton press, control over Mickey Mouse et. al.) then the work reverts.

The reasons we allow fallow works to go into the public domain is because we know that humans are mortal, and sometimes they create things that have a greater value to society that the sum total of the human that created them.

I might contest the value to humanity of the idea of Mickey Mouse (Mr. Natural had a much bigger impact and comment on society in my opinion), but it doesn’t matter what value artistic works have or don’t on a society that recognizes others my pick up the torch and carry on the values of the work in question in a mortal world.

The rules on public domain are pretty clear: THE PUBLIC OWNS THE WORK IN QUESTION. That doesn’t mean that simply because I found your radio flyer sitting out on your front yard having been unused for a few weeks or centuries I now get to keep it and sell it as though I own it. THIS is effectively what is going on with people (“people” like Amazon) claiming ownership rights on works over 800 years old.

I recently saw what I know to be a BLATANT example of this on youtube, of which I’m sure there are copious examples.

I’ve been in to the classic blues recordings of Robert Johnson since I discovered him in the mid 80’s; and his music has certainly been famous since hippies were writing “Clapton is God” on bathroom stalls since the 60’s and those in the know knew “God” was actually Robert Johnson.

The definitive publication of Johnson’s recording were the two LP volumes released by Columbia records in the 60’s and re-released over the years. These are the records people “in the know” went to for the complete collection of Johnson’s works to that date. In them one could hear for themselves the inspiration for Elvis, Chuck Berry, Led Zeppelin, The Rolling Stones, certainly Eric Clapton, and countless others.

These albums SPECIFICALLY noted in the liner notes that all selections were in the public domain. That not a slippery, shades of gray, depiction of the legal status of those works.

Its a specific assertion of a legal entity that has precedent, from over 200 years of examples.

THE INFRINGING EXAMPLES CANNOT STAND.

The problem here is simple: when copyright laws were drafted, the drafters either didn’t take into account or couldn’t have foreseen, that legal constructions such as corporations, could be seen and dealt with under the law as living people. The very entities the law seeks to bestow benefits to, are assumed to have a finite life span. But corporations can live forever, or at least much longer than any actual human being. Thus the Disney corporation can re-assert the ownership rights on Mickey Mouse for ever. A blatant flaw in the legal construct of copyright.

The entire book on copyright, invention ownership, and trademark needs to fixed. Its a broken old 19th century horse trying to keep up with everyone else on a 21st century highway. Its time to fix it.

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