Tilghman Lesher wrote: > On Saturday 05 July 2008 18:33:50 Alex Balashov wrote: > >> I am curious for your thoughts on US HR 5889: >> >> http://blamcast.net/articles/orphaned-works-open-source-copyright >> >> While I am sure that the implications of this bill, as it appears to be >> constructed, have no significant implication on Asterisk as such, it could >> potentially injure the community of open-source addons, modules, and >> helper applications surrounding it and essential to its use in many >> scenarios. >> > > After reading the bill in question, I have little doubt that the authors of > that blog piece are, to put it mildly, full of it. HR 5889 makes clear > mention of the diligence that is required, and, if notified of the > infringement, the infringer must cease to make use of the work, unless > he pays the copyright owner a price that the owner demands. Furthermore, > the existence of an active email account on the copyrighted work in question > would completely negate any claim of due diligence, by the plain language > of the bill. > > Additionally, the blog piece completely misses the qualification of the > commercial database: to qualify, they must contain all authors and all > contact information, and if any contact information is readily available, and > they do not put it in their database, they stand to lose certification as a > copyright database. So much for having to pay to register your work. In > short, this bill is very well balanced, and I certainly hope it becomes law. > > Then again, Lessig felt strong enough about the bill to publish an op-ed in the NYT. By the way, are you familiar with the senator that authored the bill? Tom
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