Comments on: Lessig’s orphan works proposal unworkable http://techliberation.com/2007/02/02/lessigs-orphan-works-proposal-unworkable/ Keeping politicians' hands off the Net & everything else related to technology Fri, 25 May 2012 18:27:01 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Kevin http://techliberation.com/2007/02/02/lessigs-orphan-works-proposal-unworkable/comment-page-1/#comment-37034 Kevin Tue, 06 Feb 2007 02:53:06 +0000 http://techliberation.com/2007/02/02/lessigs-orphan-works-proposal-unworkable/#comment-37034 <p>In regards to anonymous: Flickr, Riya and even Google Image Search has shown that image search is realistic and useful.</p> <p>Don't doubt technological innovation.</p> In regards to anonymous: Flickr, Riya and even Google Image Search has shown that image search is realistic and useful.

Don’t doubt technological innovation.

]]> By: kdonovan11 http://techliberation.com/2007/02/02/lessigs-orphan-works-proposal-unworkable/comment-page-1/#comment-50279 kdonovan11 Tue, 06 Feb 2007 02:53:06 +0000 http://techliberation.com/2007/02/02/lessigs-orphan-works-proposal-unworkable/#comment-50279 <p>In regards to anonymous: Flickr, Riya and even Google Image Search has shown that image search is realistic and useful.<br><br>Don't doubt technological innovation.</p> In regards to anonymous: Flickr, Riya and even Google Image Search has shown that image search is realistic and useful.

Don’t doubt technological innovation.

]]> By: anonymous http://techliberation.com/2007/02/02/lessigs-orphan-works-proposal-unworkable/comment-page-1/#comment-37033 anonymous Sat, 03 Feb 2007 14:24:23 +0000 http://techliberation.com/2007/02/02/lessigs-orphan-works-proposal-unworkable/#comment-37033 <p>A searchable database of all titles and authors is meaningless for visual works.</p> A searchable database of all titles and authors is meaningless for visual works.

]]> By: anonymous http://techliberation.com/2007/02/02/lessigs-orphan-works-proposal-unworkable/comment-page-1/#comment-50278 anonymous Sat, 03 Feb 2007 14:24:23 +0000 http://techliberation.com/2007/02/02/lessigs-orphan-works-proposal-unworkable/#comment-50278 <p>A searchable database of all titles and authors is meaningless for visual works.</p> A searchable database of all titles and authors is meaningless for visual works.

]]> By: enigma_foundry http://techliberation.com/2007/02/02/lessigs-orphan-works-proposal-unworkable/comment-page-1/#comment-37032 enigma_foundry Fri, 02 Feb 2007 17:59:06 +0000 http://techliberation.com/2007/02/02/lessigs-orphan-works-proposal-unworkable/#comment-37032 <p><i>One idea is that they will be sham searches, that after a cursory search a user will just be able to use a work that really isn't orphaned without making a serious attempt at getting permission, and that courts will absolve these users of any liability. As I've explained before, courts will not accept sham searches and will give real meaning to "reasonable," just as they do in every other part of the law. </i></p> <p>If we are going to require mandatory registration, presumably according to some standard, it would be a simple matter to create a database of all titles, and authors. The "reasonably diligent search" would be defined as consulting with this database.</p> <p>Also, it seems that the current fetish for private sector initiatives would be misplaced here--the Library of Congress would be the perfect institutional to serve as a repository of such a database. Having one database to search, instead of innumerable private ones, would place much less burden on both creators and users of materials.</p> One idea is that they will be sham searches, that after a cursory search a user will just be able to use a work that really isn’t orphaned without making a serious attempt at getting permission, and that courts will absolve these users of any liability. As I’ve explained before, courts will not accept sham searches and will give real meaning to “reasonable,” just as they do in every other part of the law.

If we are going to require mandatory registration, presumably according to some standard, it would be a simple matter to create a database of all titles, and authors. The “reasonably diligent search” would be defined as consulting with this database.

Also, it seems that the current fetish for private sector initiatives would be misplaced here–the Library of Congress would be the perfect institutional to serve as a repository of such a database. Having one database to search, instead of innumerable private ones, would place much less burden on both creators and users of materials.

]]> By: eee_eff http://techliberation.com/2007/02/02/lessigs-orphan-works-proposal-unworkable/comment-page-1/#comment-50277 eee_eff Fri, 02 Feb 2007 17:59:06 +0000 http://techliberation.com/2007/02/02/lessigs-orphan-works-proposal-unworkable/#comment-50277 <p><i>One idea is that they will be sham searches, that after a cursory search a user will just be able to use a work that really isn't orphaned without making a serious attempt at getting permission, and that courts will absolve these users of any liability. As I've explained before, courts will not accept sham searches and will give real meaning to "reasonable," just as they do in every other part of the law. </i><br><br>If we are going to require mandatory registration, presumably according to some standard, it would be a simple matter to create a database of all titles, and authors. The "reasonably diligent search" would be defined as consulting with this database.<br><br>Also, it seems that the current fetish for private sector initiatives would be misplaced here--the Library of Congress would be the perfect institutional to serve as a repository of such a database. Having one database to search, instead of innumerable private ones, would place much less burden on both creators and users of materials.</p> One idea is that they will be sham searches, that after a cursory search a user will just be able to use a work that really isn’t orphaned without making a serious attempt at getting permission, and that courts will absolve these users of any liability. As I’ve explained before, courts will not accept sham searches and will give real meaning to “reasonable,” just as they do in every other part of the law.

If we are going to require mandatory registration, presumably according to some standard, it would be a simple matter to create a database of all titles, and authors. The “reasonably diligent search” would be defined as consulting with this database.

Also, it seems that the current fetish for private sector initiatives would be misplaced here–the Library of Congress would be the perfect institutional to serve as a repository of such a database. Having one database to search, instead of innumerable private ones, would place much less burden on both creators and users of materials.

]]>