On Sat, 4 Dec 2004, Michael Lockey wrote:
Hi:
Unaware of this list, I've been doing my own private plotting, and would like to run my thoughts past you. (This comes with the standard Canadian Disclaimer about not stepping on feet, embarrassment at being egotistical enough to make suggestions, etc., etc., etc)
I've been proofreading and mentoring at DP-INT and -EU for 16 months or so, and have shared many of the fears and uncertainties about the future of Public Domain.
It is interesting and frightening to see how one (relatively) small country can unilaterally change Copyright, then cajole their 'friends' until a global result is achieved, despite the opposition of most. (I note parentherically that most of the world is Life+50.)
I'm not sure you want to know the history of the current copyright extensions, but I think it goes back to the mid-60's, even before the United States was working up it's extension from 28 + 28 years to 95 years without any renewal. Not only is the current history of copyright extension longer, and also more far flung, than any of us probably realize, but it is backed by more billions and more centuries of tradition than any of us may realize either.
I have, consequently, incorporated Distributed Proofreaders of Canada as a for profit concern; I also own dp50.net. (Quite frankly, I don't think we should be jingoistic in any of our endeavours.)
[Sorry, that parenthetical remark about jingoism when right over my head.]
I don't think that Disney Corporation- or even Margaret Atwood, God help us!- are ameniable to the rights of humanity, or such: I think we must fight them on their grounds: money, control, and power.
I have always thought that the public domain was the GREATEST CIVIL RIGHT. Yet we see that "the pen is mightier than then pen" when the leaders of country after country after country sign laws that rape and pillage the public domain rights to a million books here and a million books there. And with no mention by the major press or major media whatsoever. . . . I wonder if it is because they think their own existence is dependent on copyrights to things that were copyrighted a century ago??? I think the more likely explanation is that they simply don't want ANY competition to their wares, they want it ALL TO BE "PAY-PER." We have moved from the "PAPERLESS revolution" to the PAY-PER revolution. * They want a "piece of the action" AND "editorial control" over everything, and the governments don't resist because they get more taxes this way. Not to mention that the publishers' cartels are among the longest standing lobbiests in the history of governments. How do you think copyright got started in the first place?!?!?!
Which is why DP-CAN is a for-profit operation. (Remember that a corporation may give away any amount of its profit.) To download a work from DP-CAN (www.dp50.net) will cost $1/download, payable, by the downloader, to any registered or non-registered operation or individual, as a charitable donation. In this way, DP-CAN will never directly receive any money, though both a gross and net income may be established. If, then, the government tries to reprivatize materials currently in PD, we will suffer a loss and be able to sue for damages. My lawyer and I are prepared to go to the Supreme Court, if necessary.
Verrry interesting! However, I hope this is something that will be kept on the DP side of things and not spill over into the PG side, as I have sincere reservations about the idea of going to court in this kind of environment. It is my own opinion that Larry Lessig, et. al., have done the most harm to copyright law of anyone. . .more details on request. These cases, which were once cases with my own name on them, are being lost in a manner that sets the public domain back much further than if the cases had not been brought at all. Not only are they losing more severely than if they had made no legal arguments whatsoever, but they are insuring these cases will NOT BE HEARD IN THE NEXT CENTURY. . .and then who will remember what it was like before the public domain was sold up the river.
Where I, personally, want to be challenging is by claiming, (as our charter does), rights of use for any material- globally- that is currently in the Public Domain in Canada. (As, for example, an individual or corporation may claim mineral rights without doing any work on them for up to 15 years.)
My best wishes with that. . .just don't lose, eh? I think Lessig & Co., would have done much better if they had hired some retired jurists the same age and inclination as the US Supreme Court and tried their case several times in such "moot court" practice sessions, and then known they had to go back to the drawing boards before hurting more than helping. By the way, US lawyers get the same "credit," as it were, for appearing before the Supreme Court whether then win or lose. . . . I told them that if they wanted to go in my name, they had better be prepared for the "Super Bowl of Supreme Court Cases". . .but they not only ignored that, they ignored ALL of the briefs I spent hundreds of hours writing for them over a period of 5 months. That's why I fired them. And, INHO, why they lost by a far greater margin than if they had said nothing at all. I think they had 5-4 going in, and came out losing 7-2. . . .
Anyway- that's what I've been working on. My sites are not yet viable: I'm working alone, so far. Given the activities going on here, maybe I'll need to change some directions. But I've structured this to FIGHT: and fight I will. Hence the Company's Motto:
THE BOOK STOPS HERE
Love it!!! Of course, their might be something said in addition: Your support needed, or THE PUBLIC DOMAIN BOOK STOPS HERE. My apologies, I sorted through several ways to say that, and have not yet come up with the right one. . .any help?
Cheers, Vasa (Michael Lockey) _______________________________________________ Project Gutenberg of Canada Website: http://www.projectgutenberg.ca/ List: pgcanada@lists.pglaf.org Archives: http://lists.pglaf.org/private.cgi/pgcanada/
Many thanks! Michael S. Hart