[asterisk-users] HR 5889.

Tom Poe tompoe at fngi.net
Sat Jul 5 19:59:25 CDT 2008


Tilghman Lesher wrote:
> On Saturday 05 July 2008 18:33:50 Alex Balashov wrote:
>   
>> I am curious for your thoughts on US HR 5889:
>>
>> http://blamcast.net/articles/orphaned-works-open-source-copyright
>>
>> While I am sure that the implications of this bill, as it appears to be
>> constructed, have no significant implication on Asterisk as such, it could
>> potentially injure the community of open-source addons, modules, and
>> helper applications surrounding it and essential to its use in many
>> scenarios.
>>     
>
> After reading the bill in question, I have little doubt that the authors of
> that blog piece are, to put it mildly, full of it.  HR 5889 makes clear
> mention of the diligence that is required, and, if notified of the
> infringement, the infringer must cease to make use of the work, unless
> he pays the copyright owner a price that the owner demands.  Furthermore,
> the existence of an active email account on the copyrighted work in question
> would completely negate any claim of due diligence, by the plain language
> of the bill.
>
> Additionally, the blog piece completely misses the qualification of the
> commercial database:  to qualify, they must contain all authors and all
> contact information, and if any contact information is readily available, and
> they do not put it in their database, they stand to lose certification as a
> copyright database.  So much for having to pay to register your work.  In
> short, this bill is very well balanced, and I certainly hope it becomes law.
>
>   
Then again, Lessig felt strong enough about the bill to publish an op-ed 
in the NYT.  By the way, are you familiar with the senator that authored 
the bill?
Tom



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