On 3/23/07, Paul G. Allen <[EMAIL PROTECTED]> wrote:
Cox violated Due Process

You keep citing "Due Process", but I think you either don't know what
it means, or you're just muddying the meaning of the phrase.
Wikipedia says:

"In United States law, adopted from British law, due process (more
fully due process of law) is the principle that the government must
normally respect all of a person's legal rights instead of just some
or most of those legal rights when the government deprives a person of
life, liberty, or property."

In other words, due process is what *the government* follows.  Using
Google for a "define:due process" gets "The guarantee of due process
requires that no person be deprived of life, liberty, or property
without a fair and adequate process." from a .gov site, and "In
general a constitutional concept (Fourteenth Amendment) that no person
shall be deprived of life, liberty, or property without legal
protection" and various others that identify 'due process' as being a
legal concept that is outside of person to person contract.  This can
only be *especially* so if you're capitalizing Due and Process.
Whatever it is you mean, you may be right.  But what you are *saying*
is not right.  Repeat: what you are saying is not true.

Instead of taking the reactionary stance of Damn the Man and Fight the
Power, take a step back.  If we are expected to be given our freedoms
as individuals, don't we have an obligation to treat others as if they
have those freedoms as well?  Don't the people who have an interest in
the business Cox conducts have the right to run the business as
necessary to ensure its continued operation?  Don't they have the
right to expect the terms of their contract to be respected?

If you have a beef with what has happened to Bob, then address how Cox
could have accomplished their goals differently, or maybe why the
MafiAA is overstepping its bounds or why intellectual property
shouldn't be a legal fiction at all.  You're stepping across the line
when you ask that your freedom from wrong give you permission to wrong
someone else.  In this case, Bob has admitted there could be
copyrighted material on his computer that he doesn't have the legal
right to.  Your criticism is not necessarily inappropriate, but is
misguided.

-todd


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