On Wed, 05 Jan 2005 09:39:02 -0600, Richard J Kinch
wrote:

Jeff Wisnia writes:

And what do you say about the copyrighting of music? Should everyone
with a good voice or who is a talented instrumentalist be entitled to
record copyrighted stuff and post it on the web for anyone else who
wants to enjoy it to grab?

If it is a question of "ought", then my *personal opinion* hinges simply
on the making of money from others' works, vs casual use. If you're
going to sing a copyrighted work in the shower, then that's OK (despite
what the copyright fundamentalists say). If you're going to sell
recordings of your performance, or tickets to a live event, then no.
The author should have rights to any money, but casual use does not
involve money.

Oddly enough, as a practical matter I agree with this concept. I've
even argued for this position a couple of times in my columns.

The reason is that money leaves a trail where, increasingly, copying
doesn't. The hope is that such non-commerical copying will not cause
enough economic damage to the copyright holder as to render the
copyright effectively valuless.

However this is an argument from practicality -- some would say
desperation -- rather than principle. This kind of not-for-profit
copying still causes economic loss to the copyright holder.

However it is important to note that this is NOT what the law says.
This is my opinion of how copyright should work in the 21st Century,
and to present it as how things work today is at best ignorant and at
worst dishonest.

snip
The point being, image-making per se is not the allegedly
criminal act,

The point being we've already established at great, excruciating,
length that you are utterly and completely wrong.

If this is an expression of personal opinion, fine. That's your
opinion about how things should be. But it is not how things are and
your repeated attempts to

it is arbitrary actions that when carefully defined lack
any consistent moral foundation.

Wrong again. The principle which underlies both copyright and the
exceptions is clear, simple and has been repeatedly enunciated
everywhere from court decisions to handbooks on copyright.

Just because you don't like something doesn't mean it is wrong.

"Sometimes history doesn't repeat itself. It just yells
'can't you remember anything I've told you?' and lets
fly with a club.
-- John W. Cambell Jr.