Jack Campin <[EMAIL PROTECTED]> writes:
| Found this on uk.comp.sys.mac.  Good news for Toby's little station...
| > A copyright proposal that would have meant the death of the vast
| > majority of Internet broadcasters (who would, amongst other things, have
| > had to pay between 0.4 and 0.6c per song per listener - retroactively,
| > too) in the US has been rejected by the Library of Congress. So Internet
| > radio lives, at least to fight another day.
...
| I think he means just "Congress", unless the library has acquired some
| rather extraordinary powers lately.

Well, yes and no.  The Library of Congress does function as the major
source  of  technical  advice  to  Congress  on  matters dealing with
publication and related topics.  Most members of Congress (except for
those  in thrall to the publishing and entertainment industries) will
go along with whatever the LoC recommends.  So the LoC does have some
extraordinary de-facto powers, extra-legal though they may be.

This is probably one of the few Forces for Good in the ongoing battle
to turn over all "Intellectual Property" to the big corporations. The
LoC tends to be a  cabal  of  librarian  types  who  approve  of  the
unwashed masses being allowed (and even encouraged) to read.

The LoC is a crucial part of a fun proposal that I  and  many  others
have  made concerning the attempts to force all data-copying programs
to check for copyright.  The obvious question is "How can a piece  of
software determine if a string of bytes is covered by copyright?" The
usual first answer is "Look for a  copyright  notice",  but  this  is
incorrect,  because  under  US  (and  many  other  countries') law, a
document need not contain a copyright notice for copyright to  exist.
Furthermore, documents often contain invalid copyright notices.

The proposed solution to this is "Look it up in the online  copyright
database." This would be a web site that can be accessed by any piece
of software. It would act essentially as a search engine.  One of the
obvious places to create this database is in the Library of Congress,
since they have copies of nearly everything that has  been  published
in  the  US,  and an impressive percentage of the rest of the world's
publications.  The LoC could get most of the required  software  from
google.com.

If US law requires such a  check  by  all  software,  then  obviously
Congress  will fund such an online database and publish specs for how
to access it.  We could then program a copyright check by simply (;-)
sending  the  data  to  the  LoC's system, waiting a few milliseconds
(;-), and using the reply to determine whether copying is permitted.

There is a precedent for this already:  School teachers are  learning
that they can detect student plagiarism from online sources by typing
in critical portions of the text to the major search sites.  There is
software  available that packages this capability.  Extending it to a
general copyright check is merely a Small Matter of Programming.

The fun part of this is that it would,  in  effect,  legally  require
that  all  copyrighted works be online in the LoC's database (or in a
small number of databases in other countries).  Other uses of such an
online repository are left as an exercise for the reader.

(Can you say "Trojan Horse"?  I thought you could. ;-)

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