On Apr 10, 5:47 pm, delancey <[email protected]> wrote:
> > Well, once you declare that you don't care about the actual issues,
>
> That's not fair.  The law says many many things that range from
> dubious to ridiculous.  E.g., that corporations are in some senses
> people.  Are you really about to say that any denial that corporations
> are people is a waste of time because it doesn't recognize the actual
> law, the actual composition of corporations today?

A waste of time? You bet? Who would spend a minute on this?

 Or that a debate
> about whether some people are 3/5ths of a person was a waste of time
> because it didn't recognize the actual law, the actual composition of
> people at that time?

A terrible example. I'll bet you can't give me the context for this
argument. 99.9% of people can't.

  A father reading to his daughter is now an
> infringement.  Libraries lending is infringement.  Someone lending a
> book is infringement.  A person reading a few pages in the bookstore
> coffee shop is an infringement.  Telling a story from memory is an
> infringement.  And ad nauseum.

We know none of these things are true and that nobody is arguing them.
You're simply making this up because you don't understand any of the
law or the facts. That's not a proper way to enter an argument and I
can't believe you'd let a student get away with this.

In > other words, the burden of proof here is on you to offer a
> conceptually coherent definition.

Actually, no. Legally, the burden of proof is on anyone who wants to
do the taking.

My argument is conceptually quite coherent. I have a legally binding
contract. You say that you can infringe that contract because of new
technology. I say prove that in court or back down. Your countercase
is to  say, "parents can't read to their own children!" That giant
guffaw you hear is the court system laughing hysterically.

Now compare that to your spewing of strawman arguments and tell me how
exactly your conceptual framework is sounder than mine.

Maybe my interpretation of the law is wrong. I've been careful not to
actually back the AG on the merits of the law. Charlie Petit heaps
scorn on the AG for every legal move it makes and he knows more about
intellectual property law than anybody. However, he makes this
argument from an examination of law that is ten miles over my head, he
also thinks the courts are wrong in practically everything, and he
admits he is in a minority of opinion on most things.

I'm trying to explain the facts of the case here. People scream
copyright. Copyright is not the issue at law. Amazon didn't back down
because of copyright. Amazon did not back down because they want to
make it illegal for parents to read to their children either. If you
want to argue that our entire system of copyright is broken, you can
find many people who will agree with you, including me.

If you want to argue that our entire system of contract law is wrong,
however, then you need to find out what contract law is and how it
works. Because that's what I'm arguing here. Even if you changed
copyright tomorrow, nothing in this case would change because it's
predicated entirely on what contracts say and mean.

Does Analog use contracts these days? If so, you might want to find
out what it is you're signing.
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