Peterson, Scott K (HP Legal) scripsit: > - rights that are enumerated in the Bill of Rights, such as relating to > free speech;
Well, very good. Let's take "free speech" and plug it into your explication of affirmative rights: > > If, when impeded in some way from undertaking one of the actions > > constituting free speech, a speaker could go to > > court and use the free speech rights to overcome the impediment - that > > would be an exercise of an affirmative right. But you cannot go to court and overcome the impediment that prevents you (to be maximally cliche-ridden) from shouting "Fire" in a crowded theatre. So it might be that you call a right "affirmative" if in *some* circumstances you can get a court to overcome a hindrance from exercising them. But then consider this hypo: Alice gets an T.R.O. (a "hindrance" par excellence) to prevent Bob from making copies of the book _Cryptography for Idiots_. Bob goes to court and proves that by a transfer of copyright ownership, he is the copyright owner of _CfI_ and therefore has the right under Section 106 (a) to reproduce the copyrighted work. Surely this right is affirmative? -- John Cowan http://www.ccil.org/~cowan [EMAIL PROTECTED] Please leave your values Check your assumptions. In fact, at the front desk. check your assumptions at the door. --sign in Paris hotel --Cordelia Vorkosigan -- license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3
