At 12:54 PM -0500 1/10/01, Declan McCullagh wrote:
[Jim sent me the below message directly without any indication that it was also sent to the list. But from past experience, I know better. Another example of not-quite-adequate Choatian social norms.]
Anyway, Jim is conflating physical control over an instantiation of IP with the rights conferred by IP law. If someone copies Microsoft Word (or a Tom Clancy novel) onto a CDROM and gives it to me, I am not liable.
-Declan
At 11:36 AM 1/10/01 -0600, Jim Choate wrote:
(Hint: U.S. copyright law does not make mere possession or archiving an offense. Try distribution, performance, etc.)
Hint: WRONG.
Simply possessing a paperback book that has had its cover removed as a sign of 'destroyed' status is in fact a crime. Used book stores that have them in stock can be charged accordingly.
So, if I tear the cover off of a paperback book that I legally own (bought, for example), Choate's claim is that this "is in fact a crime"? Gee, so much for scienter. So much for proof of actual criminal action. So much for tort law. Jim, please call the police, as I have just torn the cover off of a book I own. Worse, I just cut the tags off of a mattress. Call before I commit more crimes. Fucking retard. --Tim May -- Timothy C. May tcmay@got.net Corralitos, California Political: Co-founder Cypherpunks/crypto anarchy/Cyphernomicon Technical: physics/soft errors/Smalltalk/Squeak/agents/games/Go Personal: b.1951/UCSB/Intel '74-'86/retired/investor/motorcycles/guns