Comments on: Who’s your daddy? http://techliberation.com/2006/03/26/whos-your-daddy/ Keeping politicians' hands off the Net & everything else related to technology Mon, 13 Feb 2012 21:44:00 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Jerry Brito http://techliberation.com/2006/03/26/whos-your-daddy/comment-page-1/#comment-32999 Jerry Brito Tue, 28 Mar 2006 21:56:59 +0000 http://techliberation.com/2006/03/26/whos-your-daddy/#comment-32999 <p>I agree that registration would be the most sure-fire way to ensure that works don't become orphans. However, adopting registration would require the U.S. to pull out of the Berne Convention and other international treaties. That's not going to happen. What we aimed to do was provide a politically feasible solution.</p> <p>There might never be a completely clear legal definition of what qualifies as a reasonable search, but there can certainly be a definition that is good enough. There is no metaphysically certain definition of what a reasonable person would do in negligence, but we manage to apply that standard successfully every day.</p> I agree that registration would be the most sure-fire way to ensure that works don’t become orphans. However, adopting registration would require the U.S. to pull out of the Berne Convention and other international treaties. That’s not going to happen. What we aimed to do was provide a politically feasible solution.

There might never be a completely clear legal definition of what qualifies as a reasonable search, but there can certainly be a definition that is good enough. There is no metaphysically certain definition of what a reasonable person would do in negligence, but we manage to apply that standard successfully every day.

]]> By: Jerry Brito http://techliberation.com/2006/03/26/whos-your-daddy/comment-page-1/#comment-53311 Jerry Brito Tue, 28 Mar 2006 21:56:59 +0000 http://techliberation.com/2006/03/26/whos-your-daddy/#comment-53311 <p>I agree that registration would be the most sure-fire way to ensure that works don't become orphans. However, adopting registration would require the U.S. to pull out of the Berne Convention and other international treaties. That's not going to happen. What we aimed to do was provide a politically feasible solution.<br><br>There might never be a completely clear legal definition of what qualifies as a reasonable search, but there can certainly be a definition that is good enough. There is no metaphysically certain definition of what a reasonable person would do in negligence, but we manage to apply that standard successfully every day.</p> I agree that registration would be the most sure-fire way to ensure that works don’t become orphans. However, adopting registration would require the U.S. to pull out of the Berne Convention and other international treaties. That’s not going to happen. What we aimed to do was provide a politically feasible solution.

There might never be a completely clear legal definition of what qualifies as a reasonable search, but there can certainly be a definition that is good enough. There is no metaphysically certain definition of what a reasonable person would do in negligence, but we manage to apply that standard successfully every day.

]]> By: Precision Blogger http://techliberation.com/2006/03/26/whos-your-daddy/comment-page-1/#comment-32998 Precision Blogger Tue, 28 Mar 2006 20:37:26 +0000 http://techliberation.com/2006/03/26/whos-your-daddy/#comment-32998 <p>There will never be a clear, legal definition of "trying unsuccessfully to locate the copyright owner." We need to require copyright ownners to register in one of a very few lists so they can be found.</p> <p>Oops - what happenes to anonymous works?</p> There will never be a clear, legal definition of “trying unsuccessfully to locate the copyright owner.” We need to require copyright ownners to register in one of a very few lists so they can be found.

Oops – what happenes to anonymous works?

]]> By: Precision Blogger http://techliberation.com/2006/03/26/whos-your-daddy/comment-page-1/#comment-53310 Precision Blogger Tue, 28 Mar 2006 20:37:26 +0000 http://techliberation.com/2006/03/26/whos-your-daddy/#comment-53310 <p>There will never be a clear, legal definition of "trying unsuccessfully to locate the copyright owner." We need to require copyright ownners to register in one of a very few lists so they can be found.<br><br>Oops - what happenes to anonymous works?</p> There will never be a clear, legal definition of “trying unsuccessfully to locate the copyright owner.” We need to require copyright ownners to register in one of a very few lists so they can be found.

Oops – what happenes to anonymous works?

]]>