01-11-2018, 09:36 PM | #61 | |
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01-11-2018, 11:50 PM | #62 | ||
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@pwalker8. I'm sorry to say so, but your posts display a fundamental misunderstanding of this area. For example:
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At least in the US as provided by the Constitution and discussed previously, Copyright is clearly not a legal construct between the owners and the government. So far as books are concerned, it is designed to promote the writing of more books by giving the author a statutory monopoly for a limited period. Any benefit to the author is incidental to this. So far as contract law being mainly common law, this is simply not true. The basics of contract law derive from the Common law, but much of contract law is governed by legislation, particularly in the US which extensively codifies many of its laws. Even if you were correct, common law is not a free for all as you imply. Judges are bound by precedent which ensures some consistency, particularly given there is an appeals process, and few judges like to be overruled by a higher court. |
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01-12-2018, 01:56 AM | #63 | |
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If I remember correctly Common Law was developed in England by judges to bring about consistency. When William the Conqueror became king in 1066 the judges he appointed found that every county, every town and nearly very village had its own laws and customs which locally had the force of law. As William's judges were the judge over a largish area and traveled from town to village to town they had big problems They therefore decided among themselves to override these local laws and customs with a "Common Law". If the King did not like a law the judges had made, he changed it by issuing a statute. In England today if there is no legislation covering an issue and a matter comes to court what the judge decides can still become the law. It happens rarely but it still happens. Last edited by Thasaidon; 01-12-2018 at 01:57 AM. Reason: corrected spelling |
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01-12-2018, 06:03 AM | #64 | ||
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01-12-2018, 07:59 AM | #65 | |
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A “transfer of copyright ownership” is an assignment, mortgage, exclusive license, or any other conveyance, alienation, or hypothecation of a copyright or of any of the exclusive rights comprised in a copyright, whether or not it is limited in time or place of effect, but not including a nonexclusive license. 17 USC § 101 The copyright itself (in terms of how long it lasts) continues to reside in the person of the author. |
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01-12-2018, 08:49 AM | #66 | |
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01-12-2018, 10:47 AM | #67 |
The Grand Mouse 高貴的老鼠
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01-12-2018, 01:25 PM | #68 | |
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01-12-2018, 01:55 PM | #69 | |
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01-12-2018, 02:10 PM | #70 | |
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01-12-2018, 07:21 PM | #71 |
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The copyright is not the length of the copyright. But, of course the length is determined by reference to the life of the original author. It is neither a right nor an obligation. It simply determines how long the copyright lasts. When an author or other owner transfers all of their rights pursuant to the copyright it effectively transfers the copyright itself. They have no interest left, though the duration of copyright still depends upon the length of their lives.
@pwalker8. Of course there is sometimes doubt in precedents, just as there is in interpreting legislation. I would suggest that you read some basic legal textbooks covering the doctrine of precedent. Lawyers of course seek to "distinguish" their client's case from an unfavourable precedent, just as they seek to argue that unfavourable legislation does not apply or does not operate in that way. A huge amount of legislation applied to contracts. In the US the various commercial codes alone make huge changes. Common law and precedent does of course continue to play a role. But interpretation of precedent in general is no more uncertain or inconsistent than interpreting legislation. In fact, the rules for interpreting legislation are arguably a good deal more complex than the doctrine of precedent. An appeal to authority based on your memory of sn unspecified introductory contract case or in fact any introductory contract class is of no value. |
01-13-2018, 01:37 PM | #72 | |
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01-13-2018, 06:28 PM | #73 | |
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01-14-2018, 11:29 AM | #74 | |
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I don't think you understand what the appeal to authority fallacy actually is. Here is the definition for the logically fallacious web site Description: Using an authority as evidence in your argument when the authority is not really an authority on the facts relevant to the argument. As the audience, allowing an irrelevant authority to add credibility to the claim being made. Referencing practicing lawyers and law classes about matters of law is not an appeal to authority fallacy. Referencing my high school teacher on the matter when he had not training on the law would be. One of the more common appeal to authority fallacy that one sees is citing a specific scientist on a matter that is not in his or her area of expertise. Last edited by pwalker8; 01-14-2018 at 11:35 AM. |
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01-14-2018, 12:30 PM | #75 | |
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