Text 6034, 103 rader
Skriven 2005-03-03 16:26:10 av Roy Witt (1:10/22)
   Kommentar till text 6018 av Michiel van der Vlist (2:280/5555)
Ärende: FidoNews 22:08 [00/06]: The Front Page
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Hello Michiel.

03 Mar 33 22:34, you wrote to me:

 RW>>>> "The WIPO Secretariat says that, by virtue of the Berne Convention
 RW>>>> for the Protection of Literary and Artistic Works, works are
 RW>>>> protected without any formality in all the countries party to that
 RW>>>> Convention.
 MvdV>>> I am subject to the laws of my country, no more no less. Period.
 RW>> Notice that the above is a quote. According to the Secretariat of
 RW>> WIPO, you're country signed onto the Berne Convention, thus agreeing
 RW>> to protect copywritten works.

 MvdV> And so my country does. They protect copyrighted work. *How* they
 MvdV> do that is subject to national implementation. It may on some
 MvdV> points differ from implementations in other countries. I am bound
 MvdV> by how my country has implemented copyright protection. No more no
 MvdV> less.

Well, we can agree on that, at least. Finally a soft spot has been found
in that thick skull of yours.

 RW>>>> This means that international copyright protection is automatic,
 RW>>>> it exists as soon as a work is created,
 MvdV>>> No, it is not subject to *your* interpretation.
 RW>> This is still part of the WIPO quote. It's not my interpretation
 RW>> that you're disagreeing with. That you agree or disagree with the
 RW>> opinion of the WIPO Secretariot is irrlevant. They will have the
 RW>> last say on it.

 MvdV> Not as far as I am concerned.

Yes, as far as you're concerned.

 MvdV> I am bound by the laws of my country.

Which WIPO has been working towards your country's compliance with the
treatys your country put their signature to.

 MvdV> I as an individual have no bussiness with the WIPO. If you think
 MvdV> the laws of my country are at variance with tht WIPO, take it up
 MvdV> with the WIPO.

I couldn't care less about the laws of your country. They are irrlevant to
me. WIPO is the one who works with your government, not me.

 MvdV>>> I am subject to *my governments* interpretation of the Bern
 MvdV>>> Convention and their implementation in Dutch law.
 RW>> Exactly. Since they've agreed to the terms of the Berne Convention,
 RW>> just to mention only one treaty, they will protect US copyright
 RW>> holders from pirates in Holland. As will the Swedish government.
 MvdV> And they do. Their idea of wat constitutes protection may however
 MvdV> differ from yours.

From what I've seen on this issue, WIPO, MPAA, MPA and your government
agree with the conventions of those treatys. So does Australia, Sweden and
the USA, just to name a few of the pertinent countries involved.

None of these countries set themselves above those treatys.

 MvdV>>> And that interpretation and implemtation says its is ok to have a
 MvdV>>> copy of my CD downloaded into my son's mp3 player.
 RW>> That's wonderful.
 RW>>>> All of the uropean countries, Australia, the USA and anyone I've
 RW>>>> missed here, all are parties to that convention. If you make
 RW>>>> copies of someone else's work and make it freely available to
 RW>>>> those outside your immediate family,
 MvdV>>> So what is the problem? Is my son not part of my immidiate
 MvdV>>> family?
 RW>> Does he live in your household?
 MvdV> That is none of your bussines.

That tells me that he doesn't. Do you have a guilty concience?

 RW>>>> If any or all of those copyright holders find that you're
 RW>>>> providing this material to others, then you're liable for damages
 RW>>>> under copyright law and subject to a lawsuit.
 MvdV>>> It is still up to the local judges to see if it will hold.
 RW>> Then you must agree that there is a possibility that one could be
 RW>> found guilty of violating copyright laws of other countrys, in your
 RW>> country.

 MvdV> No. Copyright laws of other countries have no status here.

You're wrong. Every one of those treaties says otherwise.

 MvdV> I am bound by the laws of my country and by the laws of my country
 MvdV> only.

And some of those laws are made to ensure that people like you are bound
by that law to comply with what your government has agreed to abide in
signing the treaties covering copyrights.


 MvdV>  You don't seem to understand how international agreements work.

I know that no country that signs a treaty will back out of it on a whim
or on your say so.



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 * Origin: Flying \A/ Ranch, Santa Ysabel, CA (1:10/22)