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Mon, 15 Mar 1999 00:15:55 -0800
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On Sun, Mar 14, 1999 at 09:00:33PM -0600, Winship wrote:
>
> As to what Rex said about publishers getting a hammerlock on copyrights,
> well, the U.S. didn't have to sign the Berne convention, but if we didn't
> there would have been little protection for U.S. others.  I will agree
> that it does look like "public domain" is a dead issue, ain't gonna
> happen.  I don't think it's "right" either, but, what can you do?
> You going to talk the governments of all the signatories to go to
> the older U.S. concept of limited copyright duration, can be renewed
> once?

As far as I know this new law (some details below) has nothing to do with
the Berne convention. Even if it did, copyright protection and its
limited term is specifically protected by the US Constitution. That
constitutional protection of the public's right to information cannot
be abrogated by a mere treaty. IMO.

Here is a piece from the complaint filed by Eldritch Press against
Janet Reno (more info at http:/eldred.ne.mediaone.net):

=====================================================================
COMPLAINT
This is an action for declaratory relief pursuant to 28 U.S.C. § 2201.
Plaintiffs, the director of an unincorporated association that posts
works of literature on the Internet and the association itself, seek
declaratory judgment that § 102(d)(1)(B) of the Sonny Bono Copyright
Term Extension Act of 1998, Pub. L. No. 105-298, 112 Stat. 2827 ("CTEA"),
amending 17 U.S.C. 304(b), is unconstitutional. Plaintiffs also seek
preliminary and permanent injunctive relief against the criminal
enforcement of § 2(b) of the No Electronic Theft Act of 1997, Pub. L.
No. 105-147, 111 Stat. 2678 ("NET Act"), amending 17 U.S.C. 506(a),
with respect to works that would not have a valid copyright but for the
enactment of § 102(d)(1)(B) of the CTEA.
====================================================================

Note that under these laws, it's a FEDERAL CRIME to post material that
would not even have copyright protection under prior law. Where is
the constant escalation of federal power and creation of new crimes
out of hot air going to end?

-rex
--
"In Germany they came first for the Communists, and I didn't speak up
because I wasn't a Communist.  Then they came for the Jews, and I didn't
speak up because I wasn't a Jew.  Then they came for the trade unionists,
and I didn't speak up because I wasn't a trade unionist.  Then they came
for the Catholics, and I didn't speak up because I was a Protestant.
Then they came for me, and by that time no one was left to speak up."
        --   German Lutheran Pastor Martin Niemoeller  (b.1892 d.1984)

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