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Old 12-29-2009, 06:06 PM   #376
Elfwreck
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Quote:
Originally Posted by kennyc View Post
I'm trying to stand up more for the rights of the creator of works that make all this possible. (and yes unfortunately the publishers are in the middle of it).
The creator does not have the right to prevent loaning or resale. They don't have the right to prevent fair-use copying, either. (I'm not claiming that torrenting is fair-use copying; I'm pointing out that some DRM inhibits fair use copying as well as illegal copying.)

The creator has the right to restrict copies--but that right has always been limited by the resources of the people willing to make unauthorized copies. Before the digital age, there was no inspector checking every box of books shipped to a store, confirming that the publisher had the right to copy those books, nor did an inspector visit consumer's homes to confirm that they weren't writing out those books by hand and sending unauthorized copies to friends. It was *always* possible to get a "free" copy by convincing someone to do the copying.

Copying got cheaper. That doesn't change the nature of the laws involved. Doesn't change what rights the creators have. It may change how they can enforce those rights, but doesn't change what they are.

There is no reason that, in order to enforce those rights, the public should allow them to claim *new* rights--preventing loaning and resale of creative content.
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