Hi Ruben,
Just took a quick look of the letter. I came across very minor
typo and grammer things. You may want to consider (if not already sent
out) to run through a spell/grammar check. Just a suggestion, not
criticism. I think it is a shame if the intended message does not get the
right attention because of the small things.
Also, I am not familiar enough with the issue on the table. But we
so happen to receive not too long ago about specific guideline on the
fair use of copyrighted materials for teaching in our University. I do not
know whether the guideline could be of any use/interest to the
community. But if so, I can try to dig out the hardcopy (which is what I
have) and fax it over to whoever is willing to voluntneer scanning and
putting it up in a web server for one to reference and discuss.
Bon
On Fri, 27 Sep 2002, Ruben I Safir wrote:
> Dear Congressman Weiner:
>
> I'd like to implore you to re-access your position in regards to the
> Berman Bill and general digital rights issues which were presented
> to the Sub-Committee to the house on Intellectual Property. The issue
> of digital information on computer privacy and security, and individual
> rights wieghs heavely on our.
>
> The leader of the House Sub-committee has asked if all the peer
> to peer downloading of copyrighted files is not larceny. This is a
> loaded question which clearly showed the gentleman from North Carolina,
> House representative Conner, is bias and uninformed about the issues of
> copyright and computer communications in the 21st century.
>
> The peer to peer transfer of information is not larceny, theft or
> stealing. It might be, under very narrow circumstances, a copyright
> violation, which is a civil matter under jurisdiction of the Federal
> Government, and robbery, which is a criminal matter which falls under
> the states jurisdiction as part of their sovereign rights to police their
> their states.
>
> Larceny is as follows:
>
> Larceny Lar"ce*ny, n.; pl. Larcenies. F. larcin, OE.
> larrecin, L. latrocinium, fr. latro robber, mercenary, hired
> servant; cf. Gr. (?) hired servant. Cf. Latrociny. (Law)
> The unlawful taking and carrying away of things personal with
> intent to deprive the right owner of the same; theft. Cf.
> Embezzlement.
>
> Peer to Peer tranfer of files can never be larceny even of copyrighted
> material. Copyright violation never deprives the owner. Peer to Peer
> transfer of files never prevents the marketing of Music by the recording
> industry.
>
> Furthermore, since files on computers are owned by the individual who owns
> the system, larceny can never be propery invoked in this discussion.
>
> As Congressman Berman admitted during the hearings which took place on
> September 26th, 2002, the copying of a copyrighted file from one person
> to another is not inherently illegal. Furthermore, it is clearly not
> immoral. It is both proper, normal and expected that individual citizens
> will copy information under copyright, from one individual to another. In
> fact, it's nearly impossible for citizens to participate in normal social
> interaction and not involve copyrighted material, because under US Law,
> every message, graphic, movie, or other work is copyrighted by default.
> In fact, the entire 20th Century, every news reel, cartoon, article,
> movie, writing, sculpture and work of art is under strict copyright.
> Therefor, it's unimaginable to expect the public to not share copyrighted
> works without infringement under a strict interpretation of Copyright Law.
>
> We therefore are offended at the assertion that peer to peer file sharing
> is theft. And we insist that you represent the publics interest in
> matters of copyright and private property.
>
> It was stated in the hearings that when someone makes files available
> for sharing, that they have violated their own privacy. This can
> not be the case. Individuals right to privacy includes the right to
> decide individually exactly how much of their private information
> they wish to share. This is not a violation of their own privacy,
> but a conscious exercising of our privacy and make a decision how
> much of their personal information they wish to expose to the public.
> These rights are protected under the 4th amendment.
>
> Our computers, the information on them, the media and information
> we acquire are all personal property in our homes. We expect full
> protection of our property from Congress and reject the very premise
> of the Berman Bill, that anyone, government, individual, or business,
> should be allowed to take any action which violates our home, our
> computers or our use of materials protected by Copyright or Patent law
> without a Court Ordered Warrent and due evidence of a crime.
>
> The public reserves real property rights of our media and our computers.
> We accept nothing less. We reject in the strongest terms possible that
> our systems, which are our press, our newspapers, our communications
> portal, our radios, our video systems, and our television receivers.
> They should be never be hacked, wire tapped, or filtered in any way in
> order to sustain any copyright protection. Our real property rights
> under the 4th amendment trumps any copyright issues.
>
>
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