Request for clarification [LWN.net]

Request for clarification

Posted Sep 1, 2005 22:02 UTC (Thu) by Differance (guest, #18916)
In reply to: Request for clarification by FlorianMueller
Parent article: Letter to Editor: Response to Florian Mueller's Release re: "Anti-IP"

> The EFF wanted to use a carve-out in copyright law to justify
> the actions of its clients.

Bunk. The exclusive rights granted under copyright are carve-outs from the other more essential rights and principles it also articulates. The several enumerated exclusive rights under copyright are "subject to" the other portions of the statute upon which the EFF is relying. Read the law.

> It's also clear that the EFF defended a technology that the
> courts deemed to enable the breach of copyright law, and
> the courts even decided that such breach has occurred.
>
> There could be an even clearer anti-copyright case if you
> defend a counterfeiter in court, but this here comes
> dangerously close to that (too close for an organization
> that should be concerned over its reputation).

Exactly as one who insists on using the term "intellectual property rights" would be.

You'd be nowhere in the software patents fight if at the critical moment FFII and others hadn't taken up the fundamental political organizing principle of targeting contradictions in the position of the other side and blowing them wide open -- rather than attempting to finagle a position out of legalistic and legislative dickering and negotiation. You built the nosoftwarepatents site out of that impetus, and now you imagine that means your analysis from the standpoint of "reputation" should gain the weight for others that it holds for you.

Leave EFF alone. Be glad they aren't deluded by your positioning.

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