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   Author  Topic: News vs. editorial commentary  (Read 5697 times)
Junior Member


Posts: 68
Re: News vs. editorial commentary
« Reply #10 on: Sep 9th, 2004, 8:24pm »
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Yes and no. In black and white, in order for the RIAA to pursue infringers on the Kazaa network, they need to license (or otherwise devise away around) the patent that Altnet holds. Assuming they would license it to them.
In a different fashion, this would be the equivalent of the police showing up a night club, with suspicion of illegal activities (drug use, etc.) going on inside, and being told that they may enter, but only after paying the door fee.
So, how far can a copyright owner go in pursuing infringers? In pursuit, like in criminal pursuit, can the copyright owner override other's IP to catch them?
Fun little things like that.
IP Logged
Senior Member


Posts: 3472
Re: News vs. editorial commentary
« Reply #11 on: Sep 10th, 2004, 3:14pm »
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I don't think it's quite the same as the police analogy
because corporations and private citizens are not the police.  We
If there was a patented lock on the door and it would be infringement
to open the door, then we'd have a close analogy.  Of course
you cannot sue the state for patent or copyright infringement anyway.
Absent a court order, the RIAA cannot even violate ordinary
property rights to enter my house to make sure I'm not infringing.  I don't find it surprising that
they cannot violate intellectual property rights to do that
There are limits.  I don't think you can prevent someone from
doing the copying necessary to file a complaint.
IP Logged

Senior Member


Posts: 2584
Re: News vs. editorial commentary
« Reply #12 on: Sep 14th, 2004, 9:57am »
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First, this thread is getting a bit off topic, but I'll go ahead and poke in a few thoughts.
Re police going into a night club: there are specific aspects of the law which limit the night club owner's rights and specifically allow the police to enter without permission under specific circumstances (e.g., with a search warrant).  There are currently no such provisions in the law for copyright owners to violate others' patents to enforce copyrights -- but some rather surprising provisions are being considered in Congress for the benefit of copyright owners.
Years ago (after 3 moving violations in 48 hours), I thought I would patent as many remote vehicle speed determining mechanisms as possible to prevent law enforcement from determining my speed.  Alas, I never followed up with that.  Now, I just drive a little slower.
In short, patents allow the owner to prevent others from making, using, selling, or importing -- unless there is some explicit exception in the law.  Sorry, RIAA.  They'll have to take a license or find another way.  
One last hope for the RIAA is that they might try invalidating the patent for lack of utility -- specifically on the grounds that the patent helps violation of the law and is therefore against public policy.  It would be an interesting case since I don't think that notion of "utility|usefullness" is challenged much.
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James D. Ivey
Law Offices of James D. Ivey
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