No community mandate
Posted Sep 1, 2005 7:57 UTC (Thu) by Wol
In reply to: No community mandate
Parent article: On the defense of piracy enablers
As the success of open source shows, there are always authors who are willing to cede some of those rights and publish their works under more consumer-friendly licensing terms, but within reason, they should be given the choice.
No disrespect to Florian, but he seems to miss two points. The anglo-saxon judicial code is exactly opposite to the Napoleonic Code (which also explains why the UK is such a difficult member of the EU). The Napoleonic code says "if it isn't explicitly permitted, then it's forbidden". The Anglo-Saxon code says "if it isn't explicitly forbidden, then it's permitted".
Florian also seems to have missed that pretty much ALL of the "rights" he is trying to defend, are invalid under the US constitution. The only justification for copyrights is to ensure that "creative works" pass as quickly as possible and in as large a quantity as possible into the Public Domain. Given this requirement, juxtaposed with the fact that if Blizzard shut down their servers this game would become unplayable, I just cannot see how what Blizzard is doing is justifiable under the constition.
It's all very well Florian saying "we are a minority view", but in order to impose his view on America he will need to change the constitution. I don't see how his view is going to gain the necessary majority to do that ... Oh - and I also find it "difficult" to take him seriously when he goes on about "America should ignore American legal precedent when discussing a totally American case, but should bow down to a German precedent" (when German law doesn't even recognize the concept of precedent - certainly not in the Anglo-Saxon "binding case law" sense!). Florian - when discussing a foreign case, DON'T drag your own law into it (other than as a "compare and contrast" or "we do things differently here" example). Just because you're different doesn't mean you're right - especially when your viewpoint is at odds with the highest law in the relevant land - namely the US Constitution.
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