Daily Archive for Tuesday, October 6th, 2009

tennenbaum opposition to entry of judgment and injunction

public freedom versus copy right
copy right versus public freedom
which side are you on?
should public freedom bear the burden of proof?

Move with the development of creative commons and the lack of copyright registration to a cyber world in which amateur and professional entertainment mix, in which who knows whether bits are “copyright” bits or “creative commons” bits. how can one know this without having additional information not communicated directly through the medium? one has to have another mode of knowing. there has then to be another mode of teaching a rule of behavior with respect to the cyber bits in question.

This is wrong, in the sense of bad construction of cyberspace. One can see the impossibility of educating man woman and child world over about which bits are copyrighted and which bits are not. the bits themselves give no evidence either way.

Copyright’s rule in cyberspace will be built into the code that runs the space. If fair use for we the people is to be preserved for the future then its constraint on copyright must likewise be built into the code. The challenge of building cyberspace so as to preserve human freedoms is immense. Resolving the challenge by crushing consumers with blunderbuss statutory damages at the copyright holder’s behest is neither intelligent nor fair. This is a time in our nation to trust the code of our Constitution. A presiding judge should respect the deliberative roles of Congress and the jury instead of deciding for herself.

make a line going forward that the generation of digital natives can live with proudly instead of a blurred line that leaves them vilified and condemned as thieves. make it the predicate for advancing the right to jury trial as the ultimate bulwark of our freedom

Tenenbaum Opposition to Entry of Judgment and Injunction