Comments on: A big victory: Golan v. Gonzales http://www.lessig.org/2007/09/a-big-victory-golan-v-gonzales/ Blog, news, books Fri, 03 Feb 2017 16:59:00 +0000 hourly 1 http://wordpress.org/?v=3.8.2 By: Web Help Desk 360 http://www.lessig.org/2007/09/a-big-victory-golan-v-gonzales/#comment-46068 Mon, 17 Jun 2013 07:51:14 +0000 http://lessig.org/blog/2007/09/a_big_victory_golan_v_gonzales.html#comment-46068 We provide you creative solutions with reasonable cost. Our Services : Web Development, Graphic Design, Logo Design, Content Writing and Management System, Website Maintenance, Search Engine Optimization, and Online Marketing and much more.

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By: Counsel http://www.lessig.org/2007/09/a-big-victory-golan-v-gonzales/#comment-14730 Mon, 17 Nov 2008 21:36:03 +0000 http://lessig.org/blog/2007/09/a_big_victory_golan_v_gonzales.html#comment-14730 If it is legal to “share” my CD with a friend, why is it not legal to “share” my content in a digital format–especially if I bought it in a digital format (iTunes, etc.)?

The “old-school” definition of “share” might be that the “owner” of the license no longer had use of the content while it was being “shared.” This is doable with technology.

However, is that what is required?

I might have made a digital copy of my CD. If that digital copy of the CD’s content is on my iPhone, can I share the CD? IF I can, I see no reason why I can’t share the “digital” file.

Would the Court look, at all, to whether someone posts content (digital media–song, movie, etc.) “on” the Internet that can be freely-downloaded any differently than content that I retain control over its “sharing?”

If I can legally share my CD that I purchased, and my friend likes the songs but just listens to them while her brother copies the CD and posts it on-line, I am not guilty of a crime while my friend’s brother may be guilty.

In the same light, I can share my digital file to a friend (controlling its release rather than allowing free downloads). Nobody can control what the person with whom I have shared the content (or their brother) will do with the content. If they break the law and distribute it without a license, they may be guilty of the crime, but am I?

The issue, contrary to Matt Oppenheim, is not what the media the content is stored on but what rights I have to the content itself.

Or am I way off base?

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By: Kudry http://www.lessig.org/2007/09/a-big-victory-golan-v-gonzales/#comment-14729 Sun, 28 Oct 2007 16:54:07 +0000 http://lessig.org/blog/2007/09/a_big_victory_golan_v_gonzales.html#comment-14729 “There was an interesting discussion on the Volokh blog that suggested that the 10th’s argument is based on a logical fallacy. It revolved around the the idea that if First-Amendment review is necessary because the “contours” have changed, it’s a false conclusion based upon ‘denying the antecedent.’

In other words, the cited language in Eldred does not support a review, and it’s fallacious to say it does.

That can sound like an awfully compelling argument against the decision, but it can be successfully addressed.

If the cited language were a simple logical proposition, then the logical conclusion that ‘If nP then nQ’ would clearly be a fallacy, as noted.

But it’s not. Instead, it’s a badly phrased statement that is clearly saying: ‘If a law does alter the traditional contours of copyright protection, then further scrutiny is necessary.’ It’s at least implying that, and the Court needs to either clarify this contention, or dismiss it outright. Otherwise the statement is meaningless.

Whether they will do so or not is the question. My prediction is that they are going to run from it, because with this court and society, ‘property’ trumps everything else. Or they will claim that altering “contours” only means something grave, like abolishing fair use.

Instead of being sloppy, perhaps the author of this statement knew it was a logical trick, and placed it into the language deliberately, in order to thwart further action? These Clerks aren’t dumb. “

+1
Awesome! Great work! Congratulations!

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By: Jim Carlile http://www.lessig.org/2007/09/a-big-victory-golan-v-gonzales/#comment-14728 Mon, 08 Oct 2007 13:17:30 +0000 http://lessig.org/blog/2007/09/a_big_victory_golan_v_gonzales.html#comment-14728 There was an interesting discussion on the Volokh blog that suggested that the 10th’s argument is based on a logical fallacy. It revolved around the the idea that if First-Amendment review is necessary because the “contours” have changed, it’s a false conclusion based upon ‘denying the antecedent.’

In other words, the cited language in Eldred does not support a review, and it’s fallacious to say it does.

That can sound like an awfully compelling argument against the decision, but it can be successfully addressed.

If the cited language were a simple logical proposition, then the logical conclusion that ‘If nP then nQ’ would clearly be a fallacy, as noted.

But it’s not. Instead, it’s a badly phrased statement that is clearly saying: ‘If a law does alter the traditional contours of copyright protection, then further scrutiny is necessary.’ It’s at least implying that, and the Court needs to either clarify this contention, or dismiss it outright. Otherwise the statement is meaningless.

Whether they will do so or not is the question. My prediction is that they are going to run from it, because with this court and society, ‘property’ trumps everything else. Or they will claim that altering “contours” only means something grave, like abolishing fair use.

Instead of being sloppy, perhaps the author of this statement knew it was a logical trick, and placed it into the language deliberately, in order to thwart further action? These Clerks aren’t dumb.

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By: Rob Falk http://www.lessig.org/2007/09/a-big-victory-golan-v-gonzales/#comment-14727 Thu, 13 Sep 2007 00:51:18 +0000 http://lessig.org/blog/2007/09/a_big_victory_golan_v_gonzales.html#comment-14727 This is a nice victory. Congratulations.

But what of this case on remand? It would seem that the review will be on the content-neutral narrowly tailored/significant governmental interest standard.

Isn’t the statute narrow, affecting only copyrighted foreign works in public domain in US, and isn’t conforming our IP laws to the rest of the world a significant governmental interest?

I don’t like the result of § 514, but I wonder if this decision really changes anything.

Rob

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By: lucychili http://www.lessig.org/2007/09/a-big-victory-golan-v-gonzales/#comment-14726 Mon, 10 Sep 2007 16:48:33 +0000 http://lessig.org/blog/2007/09/a_big_victory_golan_v_gonzales.html#comment-14726 Ah yay!
I hope this is the first step of some really sensible structural thinking about how to value creativity in a collaborative era. Gluck

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By: Mike Johnson http://www.lessig.org/2007/09/a-big-victory-golan-v-gonzales/#comment-14725 Sat, 08 Sep 2007 05:52:50 +0000 http://lessig.org/blog/2007/09/a_big_victory_golan_v_gonzales.html#comment-14725 Congratulations, and thank you.

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By: maiden http://www.lessig.org/2007/09/a-big-victory-golan-v-gonzales/#comment-14724 Sat, 08 Sep 2007 00:00:56 +0000 http://lessig.org/blog/2007/09/a_big_victory_golan_v_gonzales.html#comment-14724 Thank you for taking the time and effort to pursue such important issues of public domain/ public trust. I know many people such as myself who all agree that the system is like a giant overlord that swats at the life of human freedoms. Yet, we must continue to battle against the unrelenting pressures of totalinarianism that must be fought in any age until we reach the united front which will ultimately overturn its injustices in every form. What we do today is making a critical impact on the future for our children. Oppression must be fought whatever the cost to our personal time or lesuire, for freedom is priceless, but it is not free. Keep up the good work.

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By: jay http://www.lessig.org/2007/09/a-big-victory-golan-v-gonzales/#comment-14723 Fri, 07 Sep 2007 00:42:34 +0000 http://lessig.org/blog/2007/09/a_big_victory_golan_v_gonzales.html#comment-14723 Congratulations! Meanwhile I see the lobbyists trying to chip away at fair use over on the CNET news site:
http://news.com.com/Fair+use+is+not+a+consumer+right/2010-1030_3-6205977.html?tag=nefd.top

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By: Bruce Schneier http://www.lessig.org/2007/09/a-big-victory-golan-v-gonzales/#comment-14722 Thu, 06 Sep 2007 22:04:08 +0000 http://lessig.org/blog/2007/09/a_big_victory_golan_v_gonzales.html#comment-14722 Congratulations!

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By: poderi http://www.lessig.org/2007/09/a-big-victory-golan-v-gonzales/#comment-14721 Thu, 06 Sep 2007 16:26:41 +0000 http://lessig.org/blog/2007/09/a_big_victory_golan_v_gonzales.html#comment-14721 Hi!

Congrats for the victory! And thanks for explaining it to us (me)

Best wishes for further challenges!
gp

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By: JS http://www.lessig.org/2007/09/a-big-victory-golan-v-gonzales/#comment-14720 Thu, 06 Sep 2007 10:01:22 +0000 http://lessig.org/blog/2007/09/a_big_victory_golan_v_gonzales.html#comment-14720 Does this story relate to William J. Beggs from Bloomington, Indiana, law firm of Bunger & Robertson? Apparently Mr. Beggs bungled a civil case involving Jan P. Szatkowski and Seth Patinkin, leading to several ethical violations and accusations of participation in a criminal conspiracy to deprive Patinkin (and possibly other Jewish landowners) of the fruits of his rental business. Patinkin is a protege of Nobel prize winner John Nash and was named to the “30 under 30″ list of Indiana University last year.

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By: Veni Markovski http://www.lessig.org/2007/09/a-big-victory-golan-v-gonzales/#comment-14719 Thu, 06 Sep 2007 08:14:04 +0000 http://lessig.org/blog/2007/09/a_big_victory_golan_v_gonzales.html#comment-14719 Congratulations, Larry!! That’s a small step for you, but a giant leap for the court system in the USA!

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By: Jonathan Vos Post http://www.lessig.org/2007/09/a-big-victory-golan-v-gonzales/#comment-14718 Thu, 06 Sep 2007 00:12:49 +0000 http://lessig.org/blog/2007/09/a_big_victory_golan_v_gonzales.html#comment-14718 Congratulations! I’d followed Eldred carefully on your blog, elsewhere in the blogosphere.

I just forwarded this to some attorneys I know who are less blog-addicted than I, and some de facto copyright experts (such as Dr. Thomas McDonough, scientist and science fiction author). Also, to my son, whom at age eighteen (18) is a full-time Law School student at USC, fiercely interested in IP and computers (his double B.S. is in Computer Science and Mathematics, having started university at age thirteen).

O Brave New World!

– Professor Jonathan Vos Post
co-webmaster
http://magicdragon.com
Over 15,000,000 hits per year in its 12th year

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By: Seth Finkelstein http://www.lessig.org/2007/09/a-big-victory-golan-v-gonzales/#comment-14717 Wed, 05 Sep 2007 23:05:44 +0000 http://lessig.org/blog/2007/09/a_big_victory_golan_v_gonzales.html#comment-14717 Yes, Congratulations! Wins are the sustenance of activism.

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By: Hugh "Nomad" Hancock http://www.lessig.org/2007/09/a-big-victory-golan-v-gonzales/#comment-14716 Wed, 05 Sep 2007 22:57:22 +0000 http://lessig.org/blog/2007/09/a_big_victory_golan_v_gonzales.html#comment-14716 Fantastic! Great news, and great work.

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By: lessig http://www.lessig.org/2007/09/a-big-victory-golan-v-gonzales/#comment-14715 Wed, 05 Sep 2007 22:55:37 +0000 http://lessig.org/blog/2007/09/a_big_victory_golan_v_gonzales.html#comment-14715 No work re-enters the public domain yet. We need to go back to the district court and test the statute under the First Amendment.

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By: Robbo http://www.lessig.org/2007/09/a-big-victory-golan-v-gonzales/#comment-14714 Wed, 05 Sep 2007 22:34:51 +0000 http://lessig.org/blog/2007/09/a_big_victory_golan_v_gonzales.html#comment-14714 Congratulations! Let’s hope this frees up the use of PD material and creates some momentum for similar pending decisions.

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By: anon http://www.lessig.org/2007/09/a-big-victory-golan-v-gonzales/#comment-14713 Wed, 05 Sep 2007 22:32:20 +0000 http://lessig.org/blog/2007/09/a_big_victory_golan_v_gonzales.html#comment-14713 Congratulations. Can someone give a short summary of what works are now available once again in the public domain thanks to this ruling?

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By: Steve Johnson http://www.lessig.org/2007/09/a-big-victory-golan-v-gonzales/#comment-14712 Wed, 05 Sep 2007 20:56:55 +0000 http://lessig.org/blog/2007/09/a_big_victory_golan_v_gonzales.html#comment-14712 Congratulations on the victory and keep up the good work!

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By: aj http://www.lessig.org/2007/09/a-big-victory-golan-v-gonzales/#comment-14711 Wed, 05 Sep 2007 20:48:35 +0000 http://lessig.org/blog/2007/09/a_big_victory_golan_v_gonzales.html#comment-14711 I’m glad that there was some useful language that came out of Eldred. Congratulations, and thanks for making it difficult for them to get the sugar cube back from our tea.

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By: Joi Ito http://www.lessig.org/2007/09/a-big-victory-golan-v-gonzales/#comment-14710 Wed, 05 Sep 2007 20:26:35 +0000 http://lessig.org/blog/2007/09/a_big_victory_golan_v_gonzales.html#comment-14710 w00t! Congratulations!

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By: RV http://www.lessig.org/2007/09/a-big-victory-golan-v-gonzales/#comment-14709 Wed, 05 Sep 2007 20:12:53 +0000 http://lessig.org/blog/2007/09/a_big_victory_golan_v_gonzales.html#comment-14709 A very big victory indeed!

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