Legal Puzzles

21 July 2003

Now I’m really getting confused. It’s about copyrights.

Do folks believe copyright laws are bad? Is that it?

OK. I’ll accept that, but it seems there’s but one alternative and that’s to seek legislative changes to copyright laws.

If the gripe is NOT about copyright laws, but about the method that organizations are going about trying to protect their copyrights or collect consideration for their improper infringement, then I’m still confused about what the problem is.

I’m thinking about SCO and the RIAA. First, why can the RIAA get subpoenas issued on behalf of one or more of its members. If an artist records some music and Sony issues the CD, doesn’t Sony have the copyright? Aren’t they the ones that should be seeking legal protection?

Now, about SCO. There’s big talk today about SCO having recently acquired the copyright to Unix. SCO is still making the claim that portions of the open source product called Linux are ”copied” from Unix. Therefore, those using Linux have (what sounds like) two choices: (1) get sued as IBM has been – for $3 billion; (2) pay SCO for a Unix license which then means you can continue to use Linux ”legally.”

I need for Ernie or Walter or Larry or somebody to help me understand this. Are we saying folks shouldn’t be able to protect intellectual property or are we saying they shouldn’t use the courts to protect it?

I’ve seen giant internet feuds over someone stealing someone else’s weblog template. Isn’t that the same issue?

Help!

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  1. Mark Wooldridge    27 November 2003, 22:09    #