Karl-Erik Tallmo on Sat, 21 May 2005 21:21:18 +0200 (CEST)

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Re: <nettime> Fwd: 800 pirates demonstrated in Stockholm on May

At 14.35 -0500 05-05-16, Craig Brozefsky wrote:

>Karl-Erik Tallmo <ketallmo@nisus.se> writes:
>>  If you strip away the purely economic aspects it is very much a question
>>  of privacy - protection of the integrity of both work and artist.
>This is like stripping away the "purely economic" aspects of law
>regarding natural resources.

Nothing strange about that. Any textbook on copyright will show you 
that it has these two aspects, the economic/pecuniary and the moral 
rights aspect.

Just to return to my orginal objection in this thread: I think it is 
wrong to look at copyright and privacy as conflicting notions. I 
mentioned the Warren & Brandeis article from 1890. It is interesting 
how they derive their views on privacy from the right of publication, 
the authors right to decide when his/her intellectual products will 
leave the private sphere and enter the public:

>  These considerations lead to the conclusion that the protection 
>afforded to thoughts, sentiments, and emotions, expressed through 
>the medium of writing or of the arts, so far as it consists in 
>preventing publication, is merely an instance of the enforcement of 
>the more general right of the individual to be let alone. It is like 
>the right not be assaulted or beaten, the right not be imprisoned, 
>the right not to be maliciously prosecuted, the right not to be 
>defamed. In each of these rights, as indeed in all other rights 
>recognized by the law, there inheres the quality of being owned or 
>possessed -- and (as that is the distinguishing attribute of 
>property) there may some propriety in speaking of those rights as 
>property. But, obviously, they bear little resemblance to what is 
>ordinarily comprehended under that term. The principle which 
>protects personal writings and all other personal productions, not 
>against theft and physical appropriation, but against publication in 
>any form, is in reality not the principle of private property, but 
>that of an inviolate personality.[32]

See http://www.lawrence.edu/fast/boardmaw/Privacy_brand_warr2.html

/Karl-Erik Tallmo



    KARL-ERIK TALLMO, writer, editor

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