Copyright vs. Author's Right [LWN.net]

Copyright vs. Author's Right

Posted Aug 25, 2005 8:00 UTC (Thu) by FlorianMueller (guest, #32048)
In reply to: Copyright vs. Author's Right by cantsin
Parent article: On the defense of piracy enablers

Prior to your posting, I had already acknowledged that systematic difference in my posting dated Aug 25, 2005 6:42 UTC (Thu), but I also explained that everything I said was based on the assumption that someone has a certain right, irrespective of whether it's a constitution, a code of law, case law or an agreement that creates that right. The key thing is that if someone has that right, you always have the alternative to build a new stadium from scratch.

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Posted Aug 25, 2005 18:20 UTC (Thu) by maderik (subscriber, #28840) [Link]

if someone has that right...

There are three parts to this "if" to cause it -- and thus the premise that follows it -- to fail:

That there is such a right recognized in the US. The best example I can give of why such a right is not an inherent right in the states is the issue a while back w.r.t colorization of B&W movies. This required new law in the US. As I recall the discussions, European nations did not feel the need to pass similar laws because of their artists' rights traditions were sufficient protection.
That the bnet server violates the artists' rights even as European countries typically see them. Your stadium analogy fails because that is a modification of an original such that the original no longer exists. Your case would be stronger if a new and different stadium was proposed using the modified design and that was rejected. Even then, you've not made any convincing argument that the bnet server changes any of the game's artistic attributes -- as opposed to functional attributes -- that are the domain of artists' rights. Does it violate an artist's right if the new stadium is identical in external appearance but uses a gravel foundation instead of a sand foundation?
Even if such a right exists, that no other rights superceed it. Specifically the rights of use and interoperability. If the changes are so subtle that the impact to the artist's rights is minimal, then do the user's rights (e.g. first sale, etc.) outweigh the artists rights in this case?