[HANASHIR:5223] Re: Xerox

[Adrian Durlester <durleste...>]

Judah:

My point exactly. Speaking of extremes can often prevent the need to resort
to them. Thus using the "xerox" illustration does just that. As does the
Shoah illustration.

> And Solomon's "extreme" form of justice--by this I assume you're using a
> "split baby" story as an example--was a STORY in which such
> extreme justice
> was merely suggested in the interest of bringing people to their senses.
> (And yes, I am aware this can go in both directions, depending upon your
> moral stance).  We are not dealing with parables here, Adrian--we
> are on the
> verge of dealing with a real program that hopefully *prevents* us
> from such
> extreme opinions.

Again, utilizing the Shoah as an illustration is done for the extreme shock
value. (I refer you to Hosea for the effectiveness of using shocking
metaphors.) I see no direct connection between it and copyright issues,
however, I do see a connection between the "hooray for me, I'm better than
you, and screw you, I'll copy what I want" attitude that  gives rise to
things like the Nazi state. And again you support my point-that absurd
extremes in either direction are problematic! I'm no fan or Aristotle, but
sometimes striving for the mean isn't a bad idea. But even Aristotle
suggests that one needs deviations from the mean in order to find it and
follow it.

> I also resent your use of the Shoah to prove your point.  If you honestly
> believe that personal interpretations of copyright laws can bring about
> fascism and genocide, then I will defer and allow you your opinion.
> However, in America, we have a system of copyright laws which works fine,
> and has prevented such situations in the past.  Remember that the "absurd
> extension" of principles *also* caused Nazi Germany to rise in the first
> place--partially because so many people idealistically adhered to them!
>

There is no getting around the fact that for many on this list, myself
included, that copyright concerns are related to money. I am not trying to
be "holier than thou", or to suggest that mp3 has only virtuous motives. My
point is only that this is a campaign that needs doing, that to portray it
simply in terms of money, which is how most people will see it, will prove
disastrous and ineffective. An appeal to a higher ethical standard is
required to make the campaign work. People will assume the underlying
motivation is money anyway. We must do what we can to acknowledge that there
is am issue of monetary matters, but it needs to be framed in a context of
monetary "justice" and "ethics" and not greed. I don't believe anyone on
this list who has an interest in protecting copyright is motivated entriely
by greed.

> And careful with MP3:  perhaps you have missed MP3.com's "pay for play"
> promotion, which is distributing $200,000 to artists whose music is
> downloaded from the site.  And remember that in addition to the draw for
> "artistic integrity," MP3 is also great way to get out your
> frustrations on
> the RIAA.  Antinomianism may play just as important a role as
> "getting one's
> music out."

I am in the process of compiling a list of references, but it may be a few
days. I also hasten to add the I am using "Torah" in the borad sense and not
in specific reference to only the Pentateuch.

> PS:  I still don't have anything besides vague references to "the
> Torah" as
> precedents for intellectual copyright law.

I may be a hopeless idealist. I can only wish I remain so until I am in the
grave. Cynicism is Gd and humankind's worst enemy.

Best,

Adrian

>

------------------------ hanashir (at) shamash(dot)org -----------------------+