Crosbie Fitch: Copyright does not exist to promote the progress of learning as per US Constitution 2

@Mike Masnick
You could make a good start by ceasing to rubber stamp the belief that The Constitution empowered Congress to grant monopolies such as copyright and patent. As much as Madison may have wanted it to, it didn’t. It only empowered Congress to secure the individual’s exclusive right to their writings and inventions.

See http://www.law.indiana.edu/uslawdocs/declaration.html

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. –That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, –That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

The Statute of Anne (copied as the US Copyright Act, 1790 – see http://btlj.org/data/articles/25_3/1427-1474%20Bracha%20050911.pdf ) granted a privilege. It did not secure the unalienable right of an individual. See Paine:Human rights originate in Nature, thus, rights cannot be granted via political charter, because that implies that rights are legally revocable, hence, would be privileges:
It is a perversion of terms to say that a charter gives rights. It operates by a contrary effect — that of taking rights away. Rights are inherently in all the inhabitants; but charters, by annulling those rights, in the majority, leave the right, by exclusion, in the hands of a few… They… consequently are instruments of injustice.

The debate should be whether you abolish government, or just the anachronistic and unethical privileges granted in a less humane era (© 1709 by Queen Anne, and © 1790 by Congress).

  • Crosbie Fitch

http://www.techdirt.com/articles/20120416/12020318506/copyright-maximalists-try-to-regroup-figure-out-how-to-fight-back-against-public.shtml#c445

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